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LA515-1-869597.v3 3 <br />common or general injury, or they must injure or annoy the portion of the public that comes into <br />contact with them. Because they harm the general public, they can be addressed through City <br />action. A private nuisance, on the other hand, produces damages or injuries to only one person or <br />a select group of people. As such, the prevention or abatement of a private nuisance is generally <br />the responsibility of the individual(s) injured and not the City. <br /> <br /> In this case, because a number of the issues are related to infrastructure that is private (i.e., <br />crumbling streets and sidewalks, altering drainage), the City does not have any authority to abate <br />these types of nuisances as it would have if these facilities were public. Nuisances that the City <br />might have the authority to abate would be nuisances such as those related to violations of the <br />City’s noise regulations, failure to control or eradicate all noxious weeds on the property and <br />diseased trees, abandoned and junk vehicles, fires, smoke, and fumes, animals, hazardous <br />buildings, the dumping of hazardous waste or garbage, accumulations of junk, refuse, and debris, <br />as in most situations, are all considered to be “public nuisances.” Therefore, to the extent that any <br />of these conditions exist with respect to the Cimarron Manufactured Home Community, the City <br />would have the authority under its Code to abate them as a public nuisance. The City does not <br />have the authority to abate any private nuisances. The responsibility for prevention or abatement <br />of private nuisances is the responsibility of those harmed and is not a proper ground for City <br />actions. Private nuisances caused by the park owner affecting park residents would need to be <br />abated by the park residents in a private civil action against the park owner. <br /> <br />Enforcement by the City through its Manufactured Home Park Ordinance <br /> <br />The City has imposed minimum standards for manufactured home parks which are set forth <br />in Section 105.08-VIII of the City Code. The Code requires a permit from the City for <br />manufactured home parks. It is my understanding that MHC Cimarron LLC has a valid permit <br />from the City for the Cimarron Manufactured Home Community (see below discussion regarding <br />the special use permit). The Code also imposes certain design standards for manufactured home <br />parks (landscaping, size of internal streets, lighting system, etc.). Because the Cimarron <br />Manufactured Home Community existed prior to the adoption of these design standards by the <br />City, it is considered a legal nonconforming use and is not subject to these standards. <br /> <br />This Section of the City Code does impose some additional requirements on both new and <br />existing manufactured home parks related to floodplain management (Section 105.08.370) and <br />storm shelters (Section 105.08.380). It is my understanding that the Cimarron Manufactured <br />Home Community is not located in a floodplain district, so Section 105.08.370 does not apply. <br />With respect to storm shelters, the Fire Chief has confirmed Cimarron Manufactured Home <br />Community is in compliance with Section 105.08.380. The Fire Department inspects the storm <br />shelter on the property annually. The City Code also requires that the park owner distribute some <br />severe weather awareness materials and conduct severe weather drills on an annual basis. <br /> <br /> <br />Enforcement by the City through the Special Use Permit <br /> <br /> The Cimmaron Manufactured Home Community was originally approved by the Town of <br />East Oakdale (the predecessor to the City of Lake Elmo) back in 1967 through the issuance of a