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§ 95.05  NOISE VIOLATIONS.
   (A)   Prohibited noises. The following are declared to be nuisances affecting public health, safety, peace, or welfare:
      (1)   Any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person, or precludes their enjoyment of property, or affects their property's value (this general prohibition is not limited by any specific restrictions provided in this chapter);
      (2)   All obnoxious noises, motor vehicle or otherwise, in violation of Minnesota Rules Chapter 7030, as they may be amended from time to time, are hereby incorporated into this chapter by reference;
      (3)   The use of any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise;
      (4)   The discharging of the exhaust or permitting the discharge of the exhaust of any statutory internal combustion engine, motor boat, motor vehicle, motorcycle, all-terrain vehicle (ATV), 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;
         (a)   Every motor vehicle shall at all times be equipped with a muffler in working order which blends the exhaust noise into the overall vehicle noise and is in constant operation to prevent excessive or unusual noise; and
         (b)   No person shall use a dynamic engine or transmission brake, muffler cutout, bypass or similar device upon a motor vehicle on a street or highway;
      (5)   Any loud or excessive noise in the loading, unloading, or unpacking of any vehicle;
      (6)   The use or operation, or permitting the use or operation, of any radio receiving set, television set, musical instrument, music device, paging system, machine, or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet, and comfort of any person nearby; and
      (7)   Animals, birds and the like. No person shall keep, or allow to be kept, any animal which is causing long continued noise which disturbs the comfort or repose of any person(s) in the vicinity.
   (B)   Hourly restriction of certain operations.
      (1)   Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chainsaw, mulcher, garden tiller, edger, drill, or other similar domestic power equipment, except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 8:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision.
      (2)   Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas-powered machine, or other power equipment, except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 8:00 a.m. and 9:00 p.m. on any weekend or holiday.
      (3)   Radios, music devices, paging systems, and the like. The operation of any device referred to in division (A)(6) between the hours of 9:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section.
      (4)   Noise impact statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation, alteration, or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the Council. The Council shall evaluate each statement and take its evaluation into account in approving or disapproving the license or permit applied for, or the zoning changes requested.
(Ord. 336, passed 6-6-2016)  Penalty, see § 95.99
Cross-reference:
   Animals, See Ch. 90
§ 95.06  NUISANCE PARKING AND STORAGE.
   (A)   Declaration of nuisance. The outside parking and storage on residentially zoned property of large numbers of vehicles, materials, supplies, or equipment not customarily used for residential purpose in violation of the requirements set forth below is declared to be a public nuisance because it:
      (1)   Obstructs views on streets and private property;
      (2)   Creates cluttered and otherwise unsightly areas;
      (3)   Prevents 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' use and enjoyment of their property and neighborhood; and
      (6)   Otherwise adversely affects property values and neighborhood patterns.
   (B)   Unlawful parking and storage.
      (1)   A person must not place, store, or allow the placement or storage of ice fishing houses, skateboard ramps, playhouses, or other similar non-permanent structures outside continuously for longer than 24 hours in the front yard area of residential property unless more than 30 feet back from the front property line.
      (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 conjunction with a business, outside on residential property.
      (3)   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 4 vehicles per lawful dwelling unit may be parked or stored anywhere outside on residential property, except as otherwise permitted or required by the city because of nonresidential characteristics of the property. The maximum number does not include vehicles of occasional guests who do not reside on the property;
         (b)   Vehicles, watercraft, and other articles that are parked or stored outside in front or side yard areas must be on a paved or graveled parking surface or driveway area; and
         (c)   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 for school for periods of time but still claim the property as their legal residence will be considered residents on the property.
(Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016)  Penalty, see § 95.99
§ 95.07  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)   Inoperable motor vehicles. It shall be unlawful to keep, park, store, or abandon any motor vehicle that 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 within the state, pursuant to M.S. § 168B.011, Subd. 3, as it may be amended from time to time.
   (C)   Screening. 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.
(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
§ 95.08  DUTIES OF CITY OFFICERS.
   City officials may apply and enforce any provision of this chapter relating to public nuisances within this jurisdiction.  Any peace officer or other designated city official 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 like and safety, no peace officer or designated city official will 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.
(Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016)
§ 95.09  ABATEMENT PROCEDURE.
   (A)   Authorized city personnel shall give notice to any person maintaining a nuisance or inoperable/unlicensed/junk vehicle as set forth in this chapter to abate the practice forthwith or within a designated time, and if the owner or occupant of the premises on which the nuisance shall be situated shall neglect or refuse to remove or correct the same for the space of 24 hours after the notice is given or within the time specified in the notice, the owner or occupant shall upon conviction be penalized in accordance with the provisions of this chapter, and be liable for the expense of removing the nuisance and the costs of prosecution.
   (B)   If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding 30 days, within which the nuisance is to be abated; provided the time for abatement shall not exceed 10 days in the case of noxious weeds.
   (C)   When authorized city personnel determines that a nuisance constitutes a serious and eminent danger to the public safety or health, they may summarily abate the nuisance after a reasonable attempt to notify the owner or occupant of the property. They shall immediately thereafter notify in writing the owner or occupant of the premises of the action taken. The notice shall be served in person or by registered or certified mail.
   (D)   When law enforcement determines that a gathering is creating such a noise disturbance as prohibited under § 95.05, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disburse immediately. No person shall refuse to leave after being ordered to do so by law enforcement. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped.
   (E)   Nothing in this section shall prevent the city from seeking a judicial remedy when no other adequate administrative remedy exists.
(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
§ 95.10  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 for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other city official shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk.
   (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 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, unsound or insect-infected trees, or any portion of § 95.13, the City Clerk shall, on or before September 1 next 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 County Auditor and collection along with current taxes the following year or in annual installments, not exceeding 10, as the City Council may determine in each case.
      (1)   For each certification sustained, the property owner shall have the following options after the hearing:
         (a)   To pay the delinquent amount listed on the preliminary roll, but without additional interest after the hearing, within 10 days of the hearing date;
         (b)   To pay the certified delinquent amount after the hearing date, but before the county certification deadline, with interest at the rate set in the adopted rate schedule, accrued beginning on the eleventh day following the hearing date through the date of payment; or
         (c)   To pay the certified charges as billed to them by Murray County on their property tax statement with a collection term of 1 year.
      (2)   Fifteen days after the hearing, the certified roll, minus any payments, shall be delivered to Murray County.
(Am. Ord. 290, passed 7-2-2001; Am. Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016)
§ 95.11  MAINTENANCE ORDINANCE, GENERAL REQUIREMENTS.
   (A)   Scope. The provisions of this section shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
   (B)   Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this chapter. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping it in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
   (C)   Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
   (D)   Department of Property Maintenance Inspection. The City Council shall appoint an individual to serve as ordinance official. That individual shall have the authority to appoint a deputy, inspectors, and employees as approved by the City Council.
      (1)   Restriction of employees. The ordinance official or employee connected with the enforcement of this chapter shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials, or appliances for the construction, alteration, or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building or property; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the Department.
      (2)   Liability. The ordinance official, officer, or employee charged with enforcement of this chapter, while acting for the city, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any official, officer, or employee because of an act performed by that official, officer, or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The ordinance official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provision of this chapter; and any official, officer, or employee of the Department of Building Safety, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act of omission in the performance of official duties in connection therewith.
   (E)   Duties and power of the ordinance official.
      (1)   General. The ordinance official shall enforce the provisions of this chapter.
      (2)   Rule-making authority. The ordinance official shall have authority as necessary in the interest of public health, safety, and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this chapter; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this chapter, or of violating accepted engineering methods involving public safety.
      (3)   Inspections. The ordinance official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible individual. The ordinance official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the City Administrator.
      (4)   Right of entry. The ordinance official may enter the structure or premises as with the approval of the owner to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the ordinance official is authorized to pursue recourse as provided by Minnesota law.
      (5)   Identification. The ordinance official shall carry proper identification when inspecting structures and premises in the performance of duties under this chapter.
      (6)   Notices, orders and citations. The ordinance official shall issue all necessary notices, orders, and citations to ensure compliance with this chapter.
      (7)   Department records. The ordinance official shall keep official records of all business and activities of the Department specified in the provisions of this chapter. Such records shall be retained in the official records as long as the building or structure to which the records relate remains in existence, unless otherwise provided for by other regulations.
      (8)   Coordination of inspections. Whenever in the enforcement of this chapter or another ordinance, the responsibility of more than 1 ordinance official of the jurisdiction is involved, it shall be the duty of the ordinance officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders.
   (F)   Approval.
      (1)   Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the ordinance official shall have the authority to grant modifications for individual cases, provided the ordinance official shall first find that special individual reasons makes the strict letter of the code impractical and modification does not lessen health, life, and fire safety requirements. The details of action granting modification shall be recorded and entered in Department files.
      (2)   Alternative materials, methods, and equipment. The provisions of this chapter are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this chapter, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the ordinance official finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness, fire resistance, durability, and safety.
      (3)   Required testing. Whenever there is insufficient evidence on compliance with the provisions of this chapter, or evidence that a material or method does not conform to the requirements of this chapter, or in order to substantiate claims for alternative materials or methods, the ordinance official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
         (a)   Test methods. Test methods shall be as specified in this chapter or by other recognized test standards. In the absence of recognized and accepted test methods, the ordinance official shall be permitted to approve appropriate testing procedures performed by an approved agency.
         (b)   Testing agency. All tests shall be performed by an approved agency.
         (c)   Test reports. Reports of tests shall be retained by the ordinance official for the period required for retention of records.
      (4)   Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
(Ord. 336, passed 6-6-2016)
§ 95.12  VIOLATIONS.
   (A)   Unlawful acts. It shall be unlawful for a person, firm, corporation or its agents be in conflict with or in violation of any of the provisions of this chapter.
   (B)   Notice of violation. The ordinance official shall serve written notice of violation, order or citation in the manner as set forth in § 95.13.
   (C)   Prosecution of violation. Any person failing to comply with a notice of violation or order shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the ordinance official shall institute the appropriate proceeding at law or equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
   (D)   Violation penalties. Any person who shall violate a provision of this chapter, or fail to comply wherewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
   (E)   Enforcement. The remedies provided in this chapter are not exclusive. They are in addition to and do no supersede or preempt other remedies such as injunctive relief, hazardous building condemnation, elimination of public health and safety hazards under Minnesota Statutes, or criminal charges for violation of substantive provisions of any city or state ordinance relating to housing maintenance, health, fire safety, building or zoning. Further, the remedies in this chapter do not supersede or affect the legal rights or remedies of tenants provided under state law or other chapter provisions.
   (F)   Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure or premises.
(Ord. 336, passed 6-6-2016)  Penalty, see § 95.99
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