(A) The creation or maintenance of a public nuisance is prohibited. A public nuisance shall mean:
(1) Any act or failure to perform a legal duty that results in the maintaining or permitting of a condition which unreasonably annoys, injures, or endangers the safety, morals, comfort or repose of any considerable number of members of the public;
(2) Any public health hazard/public health nuisance;
(3) Any thing or condition which creates a dangerous condition;
(4) Any thing or condition that threatens the public peace, safety, or sanitary condition of the city;
(5) Any act or failure to perform a legal duty that interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public;
(6) Any thing or condition that is offensive or has a blighting influence on the community and which is found upon, in, being discharged or flowing from any street, alley, highway, railroad right-of-way, vehicle, railroad car, water, excavation, building, erection, lot, grounds, or other real or personal property located within the city; and
(7) Any act or omission declared by law to be a public nuisance and for which no sentence is specifically provided.
(B) Public nuisances shall include, but not be limited to, those set forth in this section.
(1) Refuse, noxious substances, hazardous wastes. Refuse, noxious substances, or hazardous waste that is not properly contained in a closed, insect- and rodent-proof container designed or reasonably adapted for such purposes, or is laying, pooled, accumulated, piled, left, deposited, buried, or discharged upon, in, being discharged or flowing from any real or personal property; except for:
(a) Refuse deposited at places designated and provided for that purpose by the City Code; or
(b) Refuse stored in accordance with provisions of the City Code or vehicle parts stored in an enclosed structure.
(2) Firewood. Stacks of firewood in excess of 6 cords, stacks of firewood higher than 6 feet from ground level to the highest point of elevation, or stacks of firewood stored within the required setback.
(3) Stagnant water. Water standing on real property and/or allowed to accumulate in or on any personal property, which ceases to flow away from the property. STAGNANT WATER does not include holding areas and ponds and detention/retention ponds or basins permitted or required by the City Code.
(4) Sanitary defects. Any structure or real property that has become dangerous for further occupancy in the opinion of the enforcement officer, which may include, but is not limited to: accumulation of human or animal feces, evidence of garbage and rotting food, infestation or harborage or breeding of vermin, rodents or insects, environmental conditions that affect children and vulnerable adults, and lack of approved potable water supply or sewage disposal.
(5) Vermin infestations and harborage. Infestations and/or harborage of vermin such as rats, mice, skunks, snakes, bats, grackles, starlings, pigeons, bees, wasps, cockroaches, lice, ticks, fleas, flies, fly larvae and hookworm larvae, except for bees or pigeons kept with written permission from, and in accordance with the City Code and the regulations of the Division of Public Health.
(6) Carcasses. Accumulation of carcasses of animals, birds or fish by failing to bury or otherwise dispose of a carcass in a sanitary manner within 72 hours after death. This provision shall not apply if the animals, birds, or fish are intended for human consumption.
(7) Decaying matter. Accumulation of decayed animal or vegetable matter, animal or human feces, trash, rubbish, garbage, tires or any other substances in which flies, mosquitoes, other disease-carrying insects, rodents or other vermin can harbor: this definition does not include compost bins or compost sites that are being managed in accordance with acceptable standards.
(8) Mosquito breeding grounds. Unnatural breeding grounds that support mosquito larvae and mosquitoes carrying West Nile Virus, LaCrosse encephalitis, or any other disease-causing microorganisms.
(9) Sanitary structures. Structures for sanitation, such as privies, vaults, sewers, private drains, septic tanks, cesspools, drain fields, which have failed or do not function properly, or which are overflowing, leaking, or emanating odors. Septic tanks, cesspools, cisterns which are abandoned or no longer in use unless they are empty and filled with clean fill. Any vault, cesspool, or septic tank which does not meet the following criteria:
(a) The bottom and sides are cemented to make impervious to water;
(b) The bottom is at least 6 feet below grade;
(c) Proper ventilating pipes and covers are provided;
(d) It is located at least 20 feet from any house, residence, building, or public street;
(e) It is cleaned at least once a year; and
(f) The real property served is located such that connection to the public sewer is impractical.
(10) Manure vaults. Manure vaults which have become offensive. Manure vaults for stables where more than 2 animals are kept which are not cleaned twice in each week.
(11) Unsecured unoccupied buildings. Unoccupied buildings or unoccupied portions of buildings which are unsecured.
(12) Dangerous structures. Dangerous structures, whether or not registered pursuant to the City Code.
(13) Abandoned buildings. Abandoned buildings, whether or not registered pursuant to the City Code.
(14) Hazards.
(a) Any thing or condition on property which, in the opinion of the enforcement officer, may contribute to injury of any person present on or near the property.
(b) Hazards shall include, but not be limited to, open holes, open foundations, open wells, improperly abandoned cistern, unused or non-maintained private swimming pool, mine shaft or tunnel, dangerous trees or limbs, abandoned refrigerators, or dangerous animal trapping devices.
1. Animal trapping devices such as live traps may be utilized, but shall be designed to be non-lethal, humane, and safe to the general public.
2. Under no circumstances may conibear-type, body-gripping or steel-jaw leg-hold traps be used anywhere in the city, except when deemed necessary for public safety by the Chief of Police in coordination with the Animal Control Officer.
(15) Fire hazards. Any thing or condition on property which, in the opinion of the enforcement officer, creates a fire hazard or which is a violation of the Fire Code.
(16) Health hazards. Any thing or condition on or in property which, in the opinion of the enforcement officer, creates a health hazard or which is a violation of any health or sanitation law, including but not limited to, a chemical investigation site and/or clandestine drug lab or operation.
(17) Statute and common law nuisances. Any thing or condition on or in real or personal property which is known at common law, Minnesota Statutes, or the City Code as a nuisance.
(Prior Code, § 10.01) (Am. Ord. 2008-005, passed 11-17-2008; Am. Ord. 2009-011, passed 8-3-2009; Am. Ord. 2020-06, passed 10-19-2020)