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

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RELEVANT LINKS: The ordinance set forth a mandatory act intended to protect a particular class of people and not just the general public. The city’s action or inaction increased the risk of harm. Danielson v. City of The burden will be on the individual to demonstrate that the city has Brooklyn Park, 516 N.W.2d assumed such responsibility. While courts have been reluctant to find 203 (Minn. Ct. App. 1994). cities liable for otherwise private injuries, examples where such a duty has been found includes: Hansen v. City of St. Paul, Someone bitten by a dangerous dog running at large, where the city 298 Minn. 205, 214 N.W.2d had knowledge but failed to enforce its own ordinance. 346 (Minn. 1974). An employee who exceeds their authority by either making specific Gilbert v. Billman Const., Inc., 371 N.W.2d 542 (Minn. promises to a homeowner that the conditions will be remedied or 1985). provides a guarantee or approval as to private conditions. It is important for cities to enforce their ordinances and to refrain from making promises that they are unable or unwilling to keep. V.Common nuisances Nuisances are typically location-specific. Depending on the location, an activity could be either appropriate or terribly harmful. It is generally inappropriate to simply label something a nuisance without investigating the actual impact upon the community. However, there are particular broad categories of activities that often constitute nuisances. A. Noise Sounds are a byproduct of life. Inevitably, noise can negatively impact the quality of life. Typical complaints involve: Barking dogs. Lawn mowers, leaf blowers, and other similar equipment. Radios. Construction equipment. Parties, concerts, and other social events. Motor vehicles. Village of Wadena v. For noise to be considered a nuisance, it must significantly interfere with Folkestad, 194 Minn. 146, one’s enjoyment of life and property. Slight or occasional noises are 260 N.W. 221 (Minn. 1935). City of Edina v. Dreher, 454 typically not sufficient to create a nuisance condition. Similarly, those N.W.2d 621 (Minn. Ct. App. “usual” noises, such as the afternoon operation of a lawn mower, don’t 1990). generally rise to nuisance levels. Minn. Stat. § 116.07. Although the Minnesota Pollution Control Agency (MPCA) has statewide MPCA. authority over noise and noise control issues, local noise ordinances enable city officials to address community concerns. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 8