Loading...
§ 91.06 NUISANCE INOPERABLE MOTOR VEHICLES.
   (A)   Declaration of nuisance. Any motor vehicle described in this section shall constitute a hazard to the health and welfare of the residents of the community as such vehicles can harbor noxious diseases, furnish a shelter and breeding ground for vermin, and present physical danger to the safety and well-being of children and citizens. Motor vehicles also contain various fluids which, if released into the environment, can and do cause significant health risks to the community.
   (B)   Prohibition. It shall be unlawful to keep, park, store, abandon or permit keeping, parking, storing, or abandoning any motor vehicle that is not in operating condition, partially dismantled, or which is not properly licensed for operation within the state. This section shall apply to public lands, streets or alleys, and private lands.
   (C)   Exception. This section does not apply to a motor vehicle enclosed in a building or kept out of view from any street, road, sidewalk, or alley.
(Ord. 21-03, passed 11-16-2021)
§ 91.07 DUTIES OF CITY OFFICERS.
   The City Administrator or any licensed peace officer is authorized to apply and enforce any provision of this chapter relating to public nuisances within the city. The City Administrator or any licensed peace officer shall have the power to 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 city official or peace officer may 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 entry of the property.
(Ord. 21-03, passed 11-16-2021)
§ 91.08 ABATEMENT PROCEDURE.
   (A)   Procedure. Whenever the City Administrator or a peace officer determines that a public nuisance is being maintained or exists on the premises within the city, the official shall notify in writing all owners of record and any occupants of the premises of such fact and order that the nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the official shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner and occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement or obtain an administrative search and seizure warrant and abate the nuisance.
   (B)   Notice. Written notice of the violation; notice of the time, date, place, and subject of any hearing before the City Council; notice of the City Council order; and notice of motion for summary enforcement hearing shall be served on all owners of record and occupants of the premises either personally or by certified mail. If the premises is not occupied, the owner(s) of record is unknown, or if the owner(s) of record or occupant(s) refuses to accept notice, any notice required pursuant to this section be served by posting it on the premises.
   (C)   Emergency immediate abatement; summary enforcement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. To proceed with summary enforcement, the City Administrator shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement will unreasonably endanger public health, safety, or welfare. The officer or designated official shall notify in writing the occupant or owner of the premises of the nature of the nuisance, whether public health, safety, or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) of this section and may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance.
   (D)   Judicial remedy. Nothing in this section shall prevent the city from seeking a judicial remedy when no other adequate administrative remedy exists.
(Ord. 21-03, passed 11-16-2021)
§ 91.09 RECOVERY OF COST.
   (A)   Personal liability. The owner of the premises on which a nuisance has been abated by the city, or a person who has caused a public nuisance on property not owned by that person, shall be personally liable to the city for the cost of the abatement, including administrative costs. As soon as the abatement has been completed and the cost determined, the City Administrator shall prepare a bill for the cost and mail it to the property owner. Thereupon the amount shall be immediately due and payable to the city.
   (B)   Assessment. After notice and hearing as provided in M.S. § 429.061, as it may be amended from time to time, if the nuisance is a public health or public safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the City Administrator shall, on or before September 1 following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. § 429.101 against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against the property under that statute and any other pertinent statutes for certification to the Washington County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case.
(Ord. 21-03, passed 11-16-2021)
OPEN BURNING
§ 91.35 GENERAL.
   (A)   The City Board shall appoint a Fire Marshal and as many Deputy Marshals as it deems necessary, with the authority and responsibility to enforce all the provisions of this subchapter. Their term of office shall be indefinite and shall terminate at the pleasure of the City Board. The Fire Marshal or his or her deputies shall have the right to enter any property as it may become necessary for the performance of their duties.
   (B)   During periods of extreme fire hazard, the Fire Marshal may prohibit all types of open fires, including the burning of household rubbish and recreational fires.
   (C)   When there is no snow cover, all open burning will be limited to the period between 5:00 p.m. and 9:00 a.m. except for recreational fires.
   (D)   The open burning of chemicals, oils, rubber, and their derivatives is prohibited at all times.
   (E)   All uncontrolled fires or violations of the provisions of this subchapter shall be immediately reported to the Fire Marshal.
(Ord. 11, passed 6-5-1973)
§ 91.36 PERMITS FOR OPEN BURNING.
   (A)   Permits are required for all open fires, except household and recreational, when there is no snow cover. This includes, but is not limited to, the burning of trees, brush, grass, crop lands, crop residues and industrial or commercial wastes. A permit fee of $1 shall be charged, which sum shall be placed in the Fire Fund of the city.
   (B)   Open burning permits are issued by the Fire Marshal or his or her deputies with the following conditions:
      (1)   Burning shall take place only at the time specified in the permit;
      (2)   The area of burning shall be limited to the designated site approved by the Fire Marshal;
      (3)   Prevailing winds carry smoke away from neighboring dwellings and public roadways;
      (4)   Burning be supervised by an adult during the entire period until the fire is out; and
      (5)   Fire control equipment is at hand, such as hand sprayers, garden hose, and fire extinguishers as appropriate.
(Ord. 11, passed 6-5-1973)
§ 91.37 HOUSEHOLD RUBBISH DISPOSAL.
   Household rubbish, to include leaves, may be burned without a permit only in closed fire-resistant containers whose top and sides have openings not greater than one inch in diameter. The containers shall be located to eliminate the ignition of nearby combustible materials and structures and in no case nearer than three feet.
(Ord. 11, passed 6-5-1973)
Loading...