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Home My WebLink About1984-003 Council OrdinancesCITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 03 - 84 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY ADDING CERTAIN SECTION TO THE NUISANCE CODE. The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: Section I AMENDMENT. Section 901.03, Subdivision (18) is amended to read as follows: Section 901.03, Subdivision (18). The parking, keeping, or storing of, or the permitting of junk cars on a public street or alley, or an any private land, or premises which are owned, occupied or controlled by the one so doing or so permitting except where such is being pursued in accordance with existing zoning. This shall also apply to anyone who shall park, keep or place such vehicle even if he be not the owner of the land, upon which such vehicle is parked, kept or placed. For the purpose of this section, a junk car means any motor vehicle which is not in operation condition, or which is par- tially dismantled, or which is used for sale of parts or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling, or salvage of any kind, or is not properly and currently licensed for operation within the State of Minnesota. Section II AMENDMENT. ,Section 901.03, Subdivision (19) is added to read as follows: Section 901.03, Subdivision (19). All other conditions or things which are likely to cause injury to the person or property of anyone. Section III Save as above amended, said City Code shall stand as initially passed and as previously amended. • • • Section IV This Ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the City Council this 7th day of July, 1984. Attest: A2t/4— AG/L41.44) Edna L. Sarner, City Clerk 900 Nuisances 4 —$ 901. General Nuisances 901.01 Public Nuisance Defined. Whoever by his act or failure to perform a legal duty does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (1) (2) Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public; or Interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public; or (3) Is guilty of any other act or omission declared by law or this code to be a public nuisance and for which no sentence is specifically provided. 901.02 Public Nuisance Affecting Health. The following are hereby declared to be nuisances affecting health: (1) Exposed accumulation of decayed or unwholesome food or vegetable matter; (2) A11 diseased animals running at large; (3) Pools of stagnant water; (4) Carcasses of animals not buried or destroyed within 24 hours after death; (5) Accumulation of manure, tin cans, bottles, trash, ashes, refuse or debris of any nature or description; (6) 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; (7) (8) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste, or other substances. All noxious weeds including all weeds defined by the State Commissioner of Agriculture to be injurious to public health, roads, crops, livestock and other property; (9) Dense smoke, noxious fumes or odors, gas and soot, or cinders, in unreasonable quantities; • • • (10) All public exposure of persons having a contagious disease; (11) The placing of the contents of any cesspool, septic tank, privy vault, or garbage can upon the surface of public or private property; (12) Any offensive trade or business as defined by statute not licensed by the city. 901.03 Public Nuisances Affecting Peace and Safety. The following are declared to be nuisances affecting public peace and safety: (1) All snow and ice not removed from public sidewalks 12 hours after the snow or other precipitation causing the condition has ceased to fall; (2) All trees, hedges, billboards, or other obstructions which prevent persons from having a clear view of all traffic approaching an intersection; (3) 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; (4) All unnecessary noises and annoying vibrations; (5) Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by this code or other applicable law; (6) Radio aerials or television antennae erected or maintained in a dangerous manner; (7) 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; (8) All hanging signs, awnings, and other. similar structures over streets and sidewalks, or so situtated so as to endanger public safety, or not constructed and maintained in a sound condition; (9) 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; (10) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; -143- • (11) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public, (12) Waste water cast upon or permitted to flow upon street or other public property, (13) Accumulations in the open of discarded or disused machinery, household appliances, lumber, wood, or other materials, or the rank growth of vegetation among the items so accumulated, in a manner conducive to the harboring of rats, mice, snakes, or vermin, or in a manner creating fire, health, or safety hazards from such accumulation. (14) Any well, hole, or similar excavation which is left uncovered or in such other condition as to constitute a hazzard to any child or other person coming on the premises where it is located, (15) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter, or ditch through accumulation or trash or other materials. (16) The placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substances which may injure any person or animal or damage any pneumatic tire when passing over such substances, (17) The depositing of paper, litter, debris, garbage or refuse on a public right-of-way or on adjacent private property, or the throwing of any such matter from a motor vehicle, (18) The parking, keeping, or storing of, or the permitting of junk cars on a public street or ally, or on any private land, or premises which are owned, occupied or controlled by the one so doing or so permitting except where such is being pursued in accordance with existing zoning. This shall also apply to anyone who shall park, keep or place such vehicle even if he be not the owner of the land, upon which such vehicle is parked, kept or placed. For the purpose of this section, a junk car means any motor vehicle which is not in operation condition, or which is partially, dismantled, or which is used for sale of parts or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismatling, or salvage of any kind, or is not properly and currently licensed for operation with in the State of Minnesota. (19) All other conditions or things which are likely to cause injury to the person or property of anyone. 901.04 Enforcement. The police department and such other officers, employees, or agents as the council may designate shall enforce the provisions of Section 901. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. • • • 901.05 Abatement. Subdivision 1. General. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner or occupant of the premises of such fkt and order that such nuisance be terminated and abated. The notice shall be served in person or by certified or registered mail. 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. If the notice is not complied with within the time time specified, the enforcing officer shall report that fact forthwith to the council. Thereafter the council, after notice and hearing, may cause the nuisance to be abated by the city. Subd. 2. Emergency Abatement. When the officer charged with enforcement determines that a nuisance constitutes a serious and imminent danger to the public safety or health, the officer may summarily abate the nuisance after a reasonable attempt to notify the owner or occupant of the property. The officer 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. Subd. 3. Costs of Abatement. The cost of the abatement may be assessed as a current service against the property upon which or which created the nuisance. - 145 - ORDINANCE NO. 32 AN ORDINANCE PROHIBITING THE MAINTAINING OF NUISANCES WITHIN THE VILLAGE OF LINO LAKES, MINNESOTA: DEFINING NUISANCES AND PROVIDING pEvALTIES FOR THE VIOLATION THE2EOF The Village Council of the Village of Lino Lakes ordains: SECTION 1. No person, firm, or corporation shall cause or permit any nuisance as hereinafter defined to be maintained or permitted upon private or public property within the Village of Lino Lakes, Minnesota. SECTION 2. Nuisance is hereby defined and constitutes the following: a. Accumulations of tin cans, bottles, trash, ashes or debris of any nature or description. b. The piling, storing and keeping of old machinery, wrecked or junked vehicles, or other junk or debris upon open spaces. For the purpose of this section, a junked vehicle is one which is not registered and which does not possess a current state auto license, but said auto license shall not be the sole factor 'determining the status of said vehicle. c. Placing the contents of any cess pool, septic tank, privy vault or garbage can upon the surface of the ground. d. Placing paper, litter or debris upon open ground. e. Causing or allowing any unnecessary noises or annoying vibrations. SECTION 3. Any person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine not exceeding 13100 or by imprisonment in the County Jail for not more than 90 days. SECTION 4. This ordinance shall be in full force and effect from and after its date of publication. Passed by the Village Council this 13th day of May, 1963. /a/ ARNOLD A. KFLLING Arnold Kelling, Mayor