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The following are hereby declared to be nuisances affecting health:
(A) Exposed accumulation of decayed or unwholesome food or vegetable matter;
(B) All diseased animals running at large;
(C) All ponds or pools of stagnant water;
(D) Carcasses of animals not buried or destroyed within 24 hours after death;
(E) Accumulations of manure, refuse or other debris;
(F) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors;
(G) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances;
(H) All noxious weeds and other rank growths of vegetation upon public or private property;
(I) Dense smoke, noxious fumes, gas and soot, or cinders, as to render the occupancy of property uncomfortable to a person of ordinary sensibilities;
(J) All public exposure of people having a contagious disease; and
(K) Any offensive trade or business as defined by statute not operating under any required license.
(Ord. 2014-14, passed 12-1-2014) Penalty, see § 10.99
The following are hereby declared to be nuisances affecting public morals and decency:
(A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state, or local law;
(B) Betting, bookmaking, and all apparatus used in those occupations;
(C) All houses kept or used for the purpose of prostitution, or unlawful gambling;
(D) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining that place;
(E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose;
(F) Urination or defecation on any street, sidewalk, alley, public building or public facility, or any place open to the public, other than in properly functioning sanitary facilities, or exposed to the public view; and
(G) Public intoxication.
(Ord. 2014-14, passed 12-1-2014) Penalty, see § 10.99
The following are declared to be nuisances affecting public peace and safety:
(A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall;
(B) All trees, hedges, billboards, or other obstructions which prevent people from having a clear view of all traffic approaching an intersection;
(C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles;
(D) All noise in violation of state noise standards;
(E) The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all-terrain vehicle, snowmobile, or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations;
(F) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks, or public grounds except under conditions as are permitted by this code or other applicable law;
(G) Radio aerials or television antennae erected or maintained in a dangerous manner;
(H) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk;
(I) All hanging signs, awnings, and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance;
(J) The allowing of rain water, ice, or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk;
(K) Any barbed wire fence less than 6 feet above the ground and within 3 feet of a public sidewalk or way;
(L) Wastewater cast upon or permitted to flow upon streets or other public properties;
(M) Accumulations in the open of (i.e., not contained within a building or any fully enclosed fence) of any of the following items or any parts or accessories thereto:
(1) All dangerous unguarded machinery or component parts therefor, in any public place, or so situated or operated on private property as to attract the public;
(2) Garbage, trash, rubbish, bottles, cans, and any other refuse on any property, including large quantities of organic debris and materials that accumulated by other than natural means, except neatly maintained compost piles;
(3) Household furniture, appliances, or furnishings or component parts thereof;
(4) Any motor vehicle, which is inoperable, not currently licensed, or generally is not being driven;
(5) Items which are not generally or normally used on the particular premises;
(6) The accumulation of any piles of wood that are not:
(a) Neatly stacked; or
(b) Stacked or secured in a stable manner to avoid collapse
(7) Any other materials or items of any kind or nature which tend to harbor rats, mice, snakes, or vermin or are otherwise a potential fire, health, or safety hazard from such accumulations;
(8) (a) Construction materials, including piles of dirt, sand, sod, left in the open on property more than 60 days after construction has been completed or a certificate of occupancy has been issued, whichever occurs first;
(b) Accumulations of any items that tend to cause an unsightly appearance of the premises and that is visible by any member of the public who may be using their own property or public property, or which negatively impacts property in the vicinity.
(N) Any well, hole, or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located;
(O) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter, or ditch with trash or other materials;
(P) The placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substance which may injure any person or animal or damage any pneumatic tire when passing over the substance;
(Q) The depositing of garbage or refuse on a public right-of-way or on adjacent private property;
(R) All other conditions or things which are likely to cause injury to the person or property of anyone;
(S) Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel, and one footcandle when abutting any commercial or industrial parcel;
(T) Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel and one footcandle when abutting any commercial or industrial parcel;
(U) To own or have control of property or a building thereon, which property or building has incomplete landscaping or exterior finish and for which no permit for construction work has been issued within the preceding 12 months;
(V) All buildings, walls or other structures which have been damaged by fire, decay or otherwise, and which are so situated as to endanger the safety of the public; and
(W) A structure, or a portion of a structure, located in a residential zoning district, if the exterior is not completed in accordance with city-approved construction plans within 180 days after the date the city building permit was issued, unless an extension is granted by the city.
(Ord. 2014-14, passed 12-1-2014)
Penalty, see § 10.99
(A) Declaration of nuisance. The outside parking and storage on residentially-zoned property of large numbers of vehicles, recreational vehicles, off-highway recreational vehicles, watercraft and vehicles, materials, supplies, or equipment not customarily used for residential purposes in violation of the requirements set forth below are declared to be public nuisances because they:
(1) Obstruct views on streets and private property;
(2) Create cluttered and otherwise unsightly areas;
(3) Prevent the full use of residential streets for residential parking;
(4) Introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited;
(5) Decrease adjoining landowners’ and occupants’ enjoyment of their property and neighborhood; and
(6) Otherwise adversely affect property values and neighborhood patterns.
(B) Unlawful parking and storage.
(1) A person must not place, store, or allow the placement or storage of non-permanent structures outside for longer than 24 hours in the front-yard area of residential property, except that vehicles, ice fish houses, or other recreational habitable vehicles are allowed provided they are placed on a parking area that is fully compliant with the city's Zoning Ordinances, Nuisance Ordinances, and all other provisions of the city's Municipal Code. Vehicles, ice fish houses, and other recreational habitable vehicles shall be stored, parked, or placed on a paved or gravel driveway. For the purposes of this section only, all properties, including riparian properties, the front yard shall be defined as that section of the yard which abuts the city street and continues to the front face of the primary structure.
(2) A person must not place, store, or allow the placement or storage of pipe, lumber, forms, steel, machinery, or similar materials, including all materials used in connection with a business, outside on residential property, unless shielded from public view by an opaque cover or fence.
(3) A person must not cause, undertake, permit, or allow the placement or existence of a dumpster outside on residential property unless it complies with the following requirements:
(a) A dumpster must be placed only on a paved or graveled parking or driveway area as far away from the public street as reasonably possible;
(b) A dumpster may not be on the paved portion of a public street;
(c) A dumpster may be used only in connection with construction activity that has been properly permitted by the city, in which case it may remain no longer than 180 days in any 12-month period, or the clean-up of property, in which case it may remain no longer than 30 days in any 12-month period;
(d) There can be no more than one dumpster per parcel; and
(e) A dumpster must be maintained in a reasonably sound condition, with no holes and little rust or peeling paint.
(4) A person must not cause, undertake, permit, or allow the outside parking and storage of vehicles on residential property unless it complies with the following requirements:
(a) No more than one recreational habitable vehicle (i.e. motorhome, camper, etc.) may be parked outside on 1 lot. Additional recreational vehicles may be temporarily parked for up to 6 months while marked for sale;
(b) Recreational vehicles, watercraft and/or recreational off-highway vehicles parked outside must be stored in an orderly manner to not receive complaint or detract from neighboring property values;
(c) Recreational vehicles, watercraft and/or recreational off-highway vehicles parked outside are considered accessory uses;
(d) Storage includes but is not limited to the outside storage of: recreational vehicles, watercraft, recreational off-highway vehicles, playhouses, portable storage sheds, playground equipment, cars. Outside storage is limited to the following max size depending on the formula below:
Lot Size (square footage) minus Principal Building and All Accessory Buildings, Decks, Patio (square footage) multiplied by 8% equals square footage allowed for storage. Minimum of 300 square feet and a maximum of 900 square feet allowed on a premises.
Example:
7,500 square foot property - (Principal Building 768 square feet + 1st floor addition (96 square feet) + Wood Deck (196 square feet) + Garage (720 square feet) = 5,720 square feet x 8%= 458 square feet for storage.
458 square feet is estimated to allow for: two cars stored outside (90 square feet each = 180 square feet) and a 35 foot camper (280 square feet).
(e) Vehicles that are parked or stored outside in the front-yard area must be on a paved or graveled parking or driveway area;
(f) Vehicles, watercraft, and other articles stored outside on residential property must be owned by a person who resides on that property. Students who are away at school for periods of time but still claim the property as their legal residence will be considered residents on the property; and
(g) Vehicles, watercraft and other recreational vehicles or recreational off-highway vehicles parked or stored outside on residential property must be licensed and in operable condition.
(Ord. 2014-14, passed 12-1-2014; Am. Ord. 2020-02, passed 4-6-2020)
Penalty, see § 10.99
(A) It shall be unlawful to keep, park, store, or abandon any motor vehicle which is not in operating condition, partially dismantled, used for repair of parts or as a source of repair or replacement parts for other vehicles, kept for scrapping, dismantling, or salvage of any kind, or which is not properly licensed for operation with the state, pursuant to M.S. § 168B.011, Subdivision 3, as it may be amended from time to time.
(B) This section does not apply to a motor vehicle enclosed in a building and/or kept out of view from any street, road, or alley, and which does not foster complaint from a resident of the city.
(C) Any motor vehicles described in this section are a public nuisance because they constitute a hazard to the health and welfare of the residents of the community in that the vehicles can harbor noxious diseases, furnish a shelter and breeding place for vermin and present physical danger to the safety and well-being of children and citizens; and vehicles containing fluids which, if released into the environment, can and do cause significant health risks to the community.
(D) Abatement.
(1) Impounding. A police officer or other authorized person may order a vehicle constituting a public nuisance to be immediately removed and impounded. The impounded vehicle will be surrendered to the owner by the towing contractor only upon payment of the required impound, towing and storage fees.
(2) Sale. Notice and sale of a vehicle impounded under this section will be conducted in accordance with M.S. Ch. 168B governing the sale of abandoned motor vehicles.
(Ord. 2014-14, passed 12-1-2014) Penalty, see § 10.99
(A) Declaration of nuisance. Buildings, fences, and other structures that have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they:
(1) Are unsightly;
(2) Decrease adjoining landowners and occupants' enjoyment of their property and neighborhood; and
(3) Adversely affect property values and neighborhood patterns.
(B) Standards.
(1) A building, fence, or other structure is a public nuisance if it does not comply with applicable Hazardous Structure and Housing Maintenance provisions of Chapter 116 or the International Property Maintenance Code, which is hereby adopted as if fully set forth herein.
(2) A building, fence or other structure is also a public nuisance if it does not comply with the following requirements:
(a) All exterior walls shall be free from holes, breaks, and loose or rotting materials, and maintained weatherproof and properly surface coated where required to prevent deterioration;
(b) All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks, and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust and corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement;
(c) Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. All glazing materials shall be maintained free from cracks and holes;
(d) All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units, and guestrooms shall tightly secure the door;
(e) All cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition;
(f) The roof and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water may not be discharged in a manner that creates a public nuisance;
(g) All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment; and
(h) All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition as to prevent the entry of rodents and other pests.
(C) Extension of time. In the case of demonstrated hardship due to sources beyond the control of the property owner (including, but not limited to, extreme weather conditions; reasonably unforeseen material, equipment or labor shortages; vandalism; or theft), the time allowed for exterior construction and finishes may be extended at the sole discretion of the city upon written appeal.
(Ord. 2014-14, passed 12-1-2014)
Penalty, see § 10.99
(A) Declaration of nuisance. A building or structure in the city is a public nuisance affecting public safety and health if the City Building Official, Zoning Enforcement Officer or Fire Marshal find it to be dangerous to public safety, health, or to other property by reason of:
(1) Damage by fire;
(2) Defective chimneys or stovepipes;
(3) Dilapidated condition or decay;
(4) Defective electric wiring;
(5) Defective gas installation;
(6) Defective heating apparatus;
(7) Defective sewage disposal system or plumbing; or
(8) Any other defect endangering the public safety, health, or other property.
(B) The Building Inspector, Zoning Enforcement Officer or the Fire Chief may order the nuisance abated by ordering its repair, correction, or removal. This order must be in writing and must order the repair, correction or removal of the nuisance within 30 days or other time that the Building Inspector or Fire Marshal deems reasonable. This order must be served upon the owner, the lessee or the occupant by mail or by personal service. The order may provide that the building or structure not be further used or occupied until the repair or correction of the defect.
(Ord. 2014-14, passed 12-1-2014)
For purposes of Chapter 93 the Police Department, Fire Department, or Sheriff or person designated by the City Administrator may enforce the provisions relating to nuisances. Any peace officer or designated person shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. Except in emergency situations of imminent danger to human life and safety, no police officer or designated person shall enter private property for the purpose of inspecting or preventing public nuisances without the permission of the owner, resident, or other person in control of the property, unless the officer or person designated has obtained a warrant or order from a court of competent jurisdiction authorizing the entry, as provided in § 10.20(D). No person shall resist, oppose, or obstruct such officers in the lawful enforcement of this chapter.
(Ord. 2014-14, passed 12-1-2014)
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