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LA515-1-869597.v3 2 <br />With the exception of Lake Elmo Avenue, which runs along the western boundary of <br />Cimarron, and CSAH 10 along the northern boundary, all of the roads, sidewalks, trails, <br />wastewater treatment system, wells, and electrical systems are private and owned by MHC <br />Cimarron. The residents of Cimarron either own their manufactured home and pay rent to MHC <br />Cimarron for the lot or rent both the home and the lot. The Cimarron Manufactured Home <br />Community also has a number of private amenities for use by the residents including a pool, golf <br />course, and a playground. As the owner of the property, MHC Cimarron is responsible for <br />maintaining and repairing all of the private infrastructure and amenities. <br /> <br />Because all of the infrastructure and amenities within the Cimarron Manufactured Home <br />Community are privately owned, the City does not have any authority to make any repairs or <br />improvements to them. The City also does not have the authority to regulate parking on the streets, <br />(beyond enforcement of the special use permit which just requires there to be on-street parking), <br />or the removal of snow from the streets or sidewalks. <br /> <br />State Regulation and Licensing <br /> <br /> Manufactured home parks are regulated by the State. A manufactured home park owner <br />must have a license from the Minnesota Department of Health. This license must be conspicuously <br />displayed in the office of the manufactured home park. A park owner or manager must apply for <br />this license and the Department of Health must inspect the manufactured home park and grant a <br />license if all requirements are met. The Department of Health has adopted rules governing <br />manufactured home parks (Minnesota Rules Chapter 4630). These rules include regulations on <br />water supply, plumbing, sewage disposal, handling of garbage and refuse, insect and rodent <br />harborage and infestation control, and street lighting. The Department of Health has the authority <br />to enforce these rules and related statutes. The City does not have any authority to enforce these <br />rules and statutes. <br /> <br />Residents of a manufactured home park may form a “resident association” which is <br />organized for the purpose of resolving matters relating to living conditions in the manufactured <br />home park. The resident association may request that the Minnesota Department of Health conduct <br />an inspection for code violations. The inspector must notify the resident association in writing of <br />any code violations and provide the park owner with a reasonable period of time to correct the <br />violations. If the violations are not corrected, a tenant or the resident association may bring an <br />action in district court. The court will hear the matter within seven to 14 days after the action has <br />been filed. If a violation has not been remedied, the court may issue an order requiring corrective <br />action including a judgment against the owner for reasonable attorneys’ fees not to exceed $500. <br /> <br />Enforcement by the City through the Abatement of Public Nuisances <br /> <br /> The City does have the authority under its Code and state law to abate “public nuisances.” <br />“Public nuisances” are defined by Section 9.28.030 of the City Code. Public nuisances are <br />anything that is injurious to the public health, indecent or offensive to the senses, or that obstructs <br />the free use and comfortable use of life or property. In evaluating how it will respond to nuisances, <br />the City must first decide whether something is a public or private nuisance. Public nuisances <br />must affect a considerable number of people; they must violate public rights and produce a