2021-08-10 P & Z Packet - Laserfiche WebLink

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RELEVANT LINKS: II. What is a nuisance? Minn. Stat. § 561.01. As defined by statute, a nuisance is anything injurious to health, indecent or offensive to the senses, or that obstructs the free use and comfortable Matter v. Nelson, 478 N.W.2d 211 (Minn. Ct. App. use of life or property. Nuisance laws attempt to balance the competing 1991). interests and uses of property. As such, nuisance regulations commonly See Public Nuisances, LMC address neighborhood and land use issues, such as zoning, building codes, Model Ordinance. and fire codes, as well as more general quality-of-life concerns. City ordinances tend to provide a more detailed definition for nuisance conditions within a jurisdiction. Highview N. Apts. v. County Nuisances can spring up in a variety of ways. A nuisance may be created of Ramsey, 323 N.W.2d 65 by: (Minn. 1982). An intentional act. Negligent conduct. An ultra-hazardous activity. A violation of state statute. A violation of city ordinance. Any other wrongful (or “tortious”) activity. Citizens for a Safe Grant v. With nuisances, a person’s intent is often immaterial; the person’s motive Lone Oak Sportsmen’s Club, or intent doesn’t necessarily enter into the analysis of whether the Inc., 624 N.W.2d 796. (Minn. Ct. App. 2001). condition or conduct is a nuisance. While nuisances may often include 28A Minn. Prac., Elements negligent conduct, determining whether an individual failed to exercise of an Action § 18:1-2 (2016). due care is not always critical. Consequence, rather than intent or care, is the primary concern. See Part V – Common Nuisances may occur when someone fails to do something that is required. nuisances. For example, the failure to cut one’s grass may become a nuisance. Nuisances can also occur when people do something they shouldn’t. Common examples of these action-based nuisances are: vehicle noise; accumulation of garbage or other junk; and parking an excessive number of vehicles at one location. See LMC information memo, Often, the location and its surroundings are critical in determining if a Zoning Guide for Cities. nuisance exists. Something considered a nuisance in a higher density, residential area may be appropriate in an industrial zone (or in another city altogether). III.Creation and classification Nuisances can generally be categorized as follows: League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 2