The following are declared to be nuisances affecting the public health:
(A) The 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) Accumulation of manure, refuse, or other debris. Accumulations of decayed animal or vegetable matter, unwholesome food, manure, trash, rubbish, debris, rotting lumber, bedding, packing material, cardboard, plastic bags and containers, bottles, cans, scrap metal, brush, or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed;
(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) (1) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial wastes or other substances; and
(2) Depositing or permitting to be deposited in or to escape into any sanitary sewer or any sanitary sewer system or part thereof, any substance or thing which damages or is deleterious or injurious to any sewer system or the usefulness or operation thereof;
(H) Grass, weeds, leaves and other vegetation upon private property;
(1) It is unlawful for any owner, occupant or agent of any lot or parcel of land to allow any weeds or grass growing upon any lot or parcel of land to grow to a greater height than 6 inches or to allow the weeds or grass to go to seed;
(2) It is unlawful for any owner, occupant or agent of any lot or parcel of land to fail to remove all public health or safety hazards thereon, to fail to treat or remove insect-infested or diseased trees thereon; and
(3) If any owner, occupant or agent fails to comply with this division (H), and after notice given by the city, has not within 48 hours of the notice complied, the city may cause the weeds or grass to be cut, or public health or safety hazards removed, or diseased or insect-infested trees treated or removed, and the expense thus incurred, including administrative costs, shall be the personal liability of the owner of the premises. A bill, indicating the cost, will be sent to the owner, occupant or agent. If the total amount is not paid in accordance with the terms indicated on the bill, the amount of the costs and expenses incurred, plus accrued interest on the unpaid balance, shall be charged against the property involved as a special assessment as authorized by M.S. § 429.101, as it may be amended from time to time, and other pertinent statutes for certification to the County Auditor and collection the following year along with the current taxes;
(I) Tree diseases. The following are public nuisances whenever they may be found within the city:
(1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriaus (Eichh.) or Hylungopinus Rufipes (Marsh);
(2) Any living or standing ash tree or part thereof infected to any degree with the Emerald Ash Borer [Agrilus Planipennis Fairmaire (Coleoptera: Bupretidae)] Beetle or which harbors any of the Emerald Ash Borer Beetle;
(3) Any dead ash or elm tree or part thereof, including branches, stumps, firewood or any other material from which the bark has not been removed and burned or sprayed with an effective insecticide;
(4) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt Fungus (Ceratocystis Fagacearum);
(5) Any dead oak tree or part thereof which in the opinion of the designated officer constitutes a hazard, including, but not limited to, logs, branches, stumps, roots, firewood or other oak material which has not been stripped of its bark and burned or sprayed with an effective fungicide; and/or
(6) Any other shade tree with an epidemic disease;
(J) Storage restrictions.
(1) Firewood. Firewood shall be stored in a compact and orderly fashion so as not to constitute a hazard to adjacent buildings or property or to endanger the public health. Stacks of wood in the open shall not exceed 6 feet in height and without consent of adjacent property owners shall not be located less than 5 feet from a boundary line. There shall be no front yard or front lot storage of firewood in the city, nor side yard storage on a corner lot; provided that, this division (J)(1) shall not prevent businesses that sell firewood from displaying firewood to the public in a manner that is deemed necessary for the business purposes, as long as the storage and display does not violate any other of the provisions of this section;
(2) Pipe, lumber and the like. The storage of pipe, lumber, forms, steel, machinery or similar materials shall not be allowed on residential property;
(3) Solid fuel. For the purpose of this division (J)(3), SOLID FUEL includes, but is not limited to, corn, shelled or unshelled, and wood pellets. Outdoor storage requirements for solid fuel shall be as follows:
(a) The storage container shall be painted and designed to blend in with the structure it serves or be screened from view of neighboring properties;
(b) The container shall be permanently attached to the ground;
(c) The container shall be of sturdy leak-proof construction with a leak-proof lid; and
(d) Storage of grain shall not be allowed in zoning districts R-1, R-2, R-3, R- M, B-1, B-2, I-1, or A-O except as provided in this section;
(K) Junk yards. For the purpose of this division (K), the words JUNK YARDS shall be defined as: land or buildings where waste, discarded, or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled, or handled, including, but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles. All junk yard storage shall be hidden from view from any public right-of-way and adjacent properties. This shall be accomplished by fencing and/or screening as specified in Ch. 152 of this code;
(L) Dense smoke, noxious fumes, gas, soot, or cinders in unreasonable quantities;
(M) All public exposure of people having a contagious disease; and
(N) Any offensive trade or business as defined by statute not operating under local license.
(Am. Ord. 290, passed 7-2-2001; Am. Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016) Penalty, see § 95.99