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

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RELEVANT LINKS: Minn. Stat. § 617.81, subd. For purposes of statutory injunction or abatement proceedings, a public 2. nuisance exists upon proof of one or more separate incidents committed Minn. Stat. § 617.80, subd. within the previous 12 months either within a building or upon the land 2. surrounding the structure of: Prostitution or prostitution-related activity. The unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of controlled substances. Minn. Stat. § 340A.401 Selling alcohol without a commercial license and/or the unlawful sales (unlicensed sales). or gifts of alcohol to persons under 21 years of age, when multiple Minn. Stat. § 340A.503, subd. 2(1) (persons under 21 violations occur during the same behavioral incident when the building years of age). is not occupied by the owner or a tenant, lessee, or occupant. Minn. Stat. § 609.02, subd. The unlawful use or possession of a dangerous weapon. 6. Minn. Stat. § 617.81, subd. In addition, for purposes of injunction or abatement, a public nuisance also 2. exists upon proof of two or more separate behavioral incidents committed within the previous 12 months within a building (or upon the land surrounding the structure) of: Gambling or gambling-related activities. See Part IV – A – 1 – Maintaining a public nuisance as defined by Minn. Stat. § 609.74, Statutory criminal offenses. clause (1) or (3). Minn. Stat. § 609.745. Permitting a nuisance to occur in violation of Minn. Stat. § 609.745. The sale of alcoholic beverages without commercial license. Minn. Stat. § 340A.401. The unlawful sale or gifts of alcoholic beverages to an individual under Minn. Stat. § 340A.503, 21 years of age. subd. 2(1). The violation by a commercial enterprise of state or local licensing regulations, state statute, or local ordinance prohibiting the maintenance of a public nuisance. Minn. Stat. § 617.81, subd. To obtain an injunction or abatement order, proof of each element of the 2(c). conduct constituting the nuisance must be established by clear and convincing evidence. 3. Court decisions 35 Dunnell Minn. Digest Minnesota courts have found, among others, the following specific Nuisances §§ 4.00-.15 (4th circumstances to be nuisances: ed. 1997). Accumulation of filth. Noise. Offensive odors. Automobile wrecking. Houses of prostitution. The operation of steam shovels. Hazardous buildings. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 6