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HomeMy WebLinkAbout2021-08-10 P & Z Packet CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MEETING AGENDA Tuesday, August 10, 2021 6:30 p.m. Meeting is being held in-person! Centerville City Hall 1880 Main Street Centerville, MN 55038 Or you may join via Videoconference links available at: www.centervillemn.com I. CALL TO ORDER 1. 2. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter) 1. None V. AWARDS, PRESENTATIONS, APPEARANCES 1. None VI. OLD BUSINESS 1. City Code Revision - Outdoor Storage in Residential Districts 2. City Code Revision - Home VII. NEW BUSINESS 1. City Code Revision - Te VIII.APPROVAL OF MINUTES 1. February 2, 2021 Planning & Zoning Commission Meeting Minutes 2. April 6, 2021 Planning & Zoning Commission Meeting Minutes 3. May 4, 2021 Planning & Zoning Commission Meeting Minutes 4. June 8, 2021 Planning & Zoning Commission Meeting Minutes IX. ANNOUNCEMENTS/UPDATES 1. Council Member Liaison 2. X. ADJOURNMENT INFORMATION REMINDERS All meetings are now being held in person at City Hall. Meetings may be live-streamed at https://northmetrotv.com/centerville-stream/ or you may join the meeting via Zoom Video Conference. Links for the video conference may be found www.centervillemn.com in the calendar tab. All meetings begin at 6:30 PM unless otherwise noted. Planning & Zoning Commission STATE OF MINNESOTA COUNTY OF ANOKA I, solemnly swear that I will support the Constitution of the United States and of the State of Minnesota and faithfully discharge the duties of the office of Member of the of the City of Centerville in the County of Anoka, State of Minnesota, to the best of my judgment and ability. Subscribed and sworn before me this day of,. ___________________________________ ___________________________________ Administrator, Mark Statz CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: August 10, 2021 Planning and Zoning VI.1 TITLE OF ISSUE: Outdoor Storage in Residential Districts BACKGROUND AND SUPPLEMENTAL INFORMATION: In late 2019 and early 2020, the P&Z Commission reviewed a number of issues related to the outdoor storage of vehicles and other equipment on residential property. The commission was close to being ready to bring suggested changes to these regulations to the city council. For the past year, the commission's agendas have been full of development and this item has taken a back seat. Since it has been a year since our last discussion and given that we have 3 new members since then, staff felt it may be a good time to bring this item forward again for discussion and to develop a plan for any public outreach. Attached to the back of your packet is the League of MN Cities guide to Public Nuisances which may be a helpful reference as we discuss this and other such ordinances. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: No official action from the Planning Commission is needed at this time. Staff is looking for direction on next steps. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Staff memo from previous discussion Other (specify) ____________ _____ _____ _____ _____ Draft Ordinance Language, Vehicle Classification _______________________________________________________________ _____ _____ _____ Results of 2020 Front Yard Parking Enforcement Sweep _____ _______________________________________________________________ _____ Nelson _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular 733 Marquette Avenue, Suite 1000, Minneapolis, MN 55402 Memorandum DATE: August 4, 2020 TO: Centerville Planning & Zoning Commission FROM: Phil Carlson, AICP, Stantec, Senior Planner RE: Residential Driveways, Vehicles and Equipment Parking & Storage INTRODUCTION The Planning & Zoning Commission gave direction on potential Zoning Code revisions related to vehicles and equipment in residential driveways and lots. This memorandum summarizes our recommendations and the attached ordinance formalizes the code amendments to accomplish this. ISSUES & RECOMMENDED STANDARDS The discussion at the July 7 Planning & Zoning Commission meeting focused on the following: 1) & Zoning Commission felt this was confusing and at odds with common usage where st in the setback, and asked that this be way in most zoning ordinances I have dealt with. It appears in this context in dozens of places in the Centerville code and changing it would be a significant undertaking and I recommend keeping the term as is in the Code. The City Attorney agrees, saying he likes the way the Code defines and uses the term "yard", noting that it is consistent with the common law interpretation; and therefore consistent with other legal precedents and lease do not change 2) From previous discussion we understood a consensus on the following: Passenger vehicles, such as cars, trucks and vans are acceptable on the driveway. defined by limits of length, height, and weight. August 4, 2020 Centerville Planning & Zoning Commission Page 2 of 3 Residential Driveways, Vehicles and Equipment Parking & Storage tractor trailers and other large commercial trucks or heavy equipment. Vehicles parked in the driveway should not hang into the right-of-way. Since this dimension can vary somewhat, we set it at 15 feet from the curb or edge of pavement which approximates the right-of-way line; Increase the number of allowed vehicles stored off the driveway to be 3 vs. current 2 3) The draft ordinance includes the following details compared to previous versions: Temporary storage of materials and equipment is clarified as up to 15 days. The permitted driveway surfaces are to be approved the City Administrator or their designee. Section 156.166(K) and (L) are essentially the same paragraph, but one for non- residential properties, one for residential properties. Three categories of units are defined: passenger vehicles, other vehicles, and equipment. Two sizes are defined, small and large. else on the lot. The location provisions are illustrated on the next page. CONCLUSION We welcome the Planning & Zoning Commissi August 4, 2020 Centerville Planning & Zoning Commission Page 3 of 3 Residential Driveways, Vehicles and Equipment Parking & Storage THE CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE NO. XX RELATIVE TO LOCATION AND SURFACING OF DRIVEWAYS AND PERMITTED VEHICLES AND EQUIPMENT IN RESIDENTIAL DISTRICTS The City Council of the City of Centerville hereby ordains: Section 1. That Section 156.06 DEFINITIONS shall be amended by revising the definition of Impervious Surface as follows: IMPERVIOUS SURFACE. Any artificial or natural ground cover that prevents the penetration or infiltration of surface water. Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. IMPERVIOUS SURFACE shall include graveled driveways and parking areas. Section 2. That item (c) under Section 156.144(M)(1) shall be deleted, and the other lettered items reordered to read as follows: (M) Outside storage. All products, materials and equipment, except as specifically provided in this chapter, shall be stored within permitted structures, except for the following: (1) Residential districts. (a) Agricultural products, equipment and appurtenances owned by the owner of the property and used on the property on which they are kept; (a) Motor vehicles in a lawful and operable condition, displaying valid registration, when parked on the permitted driveway area. All other vehicles must be stored in an enclosed structure; (b) A maximum of two of the following units may be stored outside of a structure for more than 48 hours on any residential parcel, provided they are stored on the permitted driveway area outside of the road right-of-way or are in a side or rear yard. A licensed motor home or fifth-wheel trailer is allowed in a side or rear yard. None of the following items may have an overall length from front to back in excess of 35feet: 1. Boat; 2. Camper; 3. Motorhome; 4. Snowmobiles; DRAFT Page 1 of 4 5.Personal watercraft; 6. Personal utility trailer; 7.Icehouse; and 8. Small construction equipment. (c)(d) Clotheslines, antennae, air conditioners, outdoor grills, play equipment, ornaments and monuments; (d) (e) Temporary storage of materials and equipment during construction and landscaping for a period of no greater than 15 days; and (e) (f) Lakeshore properties can store the following items of personal property within 50 feet of the shoreline during the months from September to May: docks, boatlifts, swim rafts, slides and other swimming equipment. Section 3. That Section 156.166(K) shall be amended to read as follows: (K) Improvement and maintenance Î non-residential properties. Required parking and loading spaces, together with driveways, aisles and other circulation areas, shall be improved with in a way as to provide a durable and dust-free surface such as asphalt, concrete, pavers, cobblestone or similar material as approved by the City Administrator or their designee. Gravel or loose rock, such as landscape rock, is not permitted. according to minimum city specifications, excluding R-1 Districts. All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of the water onto adjacent properties or walkways. The owner of any parking or loading area shall maintain the area in good condition without holes and free of all dust, rubbish and other debris. Parking and access drives shall be located a minimum of five feet from any property line. Parking spaces shall be a minimum of nine feet wide and 18 feet deep. Section 4. That a new Section 156.166(L) shall be added and current items (L) and (M) shall be reordered to item (M) and (N), as follows: (L) Improvement and maintenance Î residential properties. Parking spaces and driveways shall be improved with a durable and dust-free surface such as asphalt, concrete, pavers, cobblestone or similar material as approved by the City Administrator or their designee. Gravel or loose rock, such as landscape rock, is not permitted in the front of the property, within the front yard setback, or within the public street right-of-way, but is allowed elsewhere on a residential property. This surfacing requirement does not apply in the R-1 District, where gravel driveways shall be allowed. All parking and driveways shall provide for proper drainage of surface water to prevent the drainage of the water onto adjacent properties or walkways. The owner of any parking area or driveway shall maintain the area in good condition without holes and free of all dust, trash and other debris. Parking and driveways shall be located a minimum of five feet from any property line. DRAFT Page 2 of 4 (M)Driveway access. \[as in current ordinance\] (N) Permitted driveways for residential uses. \[as in current ordinance\] Section 5. That new Sections 156.166(O) and (P) shall be added and current item (N) in that section be reordered to item (Q), to read as follows: (O) Permitted vehicles and equipment stored on residential lots. The permitted vehicles and equipment allowed to be stored outside of a structure on residential lots consist of three categories and two sizes: a. Category 1: passenger vehicles, such as cars, trucks, and vans, provided they are registered and operable and whic b. Category 2: other vehicles, such as snowmobiles, campers, recreational vehicles, travel trailers, campers, motor homes, boats, personal watercraft c. Category 3: equipment, such as trailers, construction equipment, skid steers, icehouses, fishhouses, and similar, and d. Small units. Small units referred to in this section shall have an overall length from front to back of no more than 25 feet, an overall height of no more than 8 feet, and be no more than 14,000 pounds gross vehicle weight. Small units may be for personal or commercial use; e. Large units. Large units referred to in this section shall have an overall length of no more than 40 feet, an overall height of no more than 13 feet, and be no more than 19,500 pounds gross vehicle weight. Anything longer, taller, or heavier than these maximums is not allowed to be stored outside on residential property. Large units must be for personal use only; no large commercial units are allowed to be stored outside on residential property. f. Vehicles or equipment loaded on a trailer shall not count as separate units under this provision, but rather the trailer shall count as one unit. The trailer when loaded must meet the size requi herein; (P) Any number of registered and operable passenger vehicles shall be allowed on a permitted driveway. A maximum of three units of other vehicles and equipment may be stored outside of a structure on the permitted driveway area on any residential parcel, or anywhere else on the lot, but on defined herein. All vehicles, and equipment must be parked at least 15 feet from the curb or edge of pavement of a public street. (Q) Requirements For Mixed-Uses. If a building or structure contains a mixture of uses as defined by paragraphs (A) and (I), the minimum number of parking spaces required for the entire building or structure shall be calculated for the most restrictive parking use as permitted by the applicable zoning district and building codes. DRAFT Page 3 of 4 Section 6. Effective Date. This ordinance takes effect upon its adoption and publication. ADOPTED by the City Council of the City of Centerville, Minnesota, this X day of XX, 2020. ________________________ D. Love, Mayor ATTEST: Teresa Bender, City Clerk Dated DRAFT Page 4 of 4 ĻŷźĭƌĻ/ƌğƭƭźŅźĭğƷźƚƓƭ ĻŷźĭƌĻ/ƌğƭƭźŅźĭğƷźƚƓƭ " " D "F "E" . " R " 544 5 D.6655 8 0.0 005 .G 222 2 94 4 VR "0 R I 4 6332 6 0 6 2074 R 655 D 000.2 06 PD 2222 4 3 2073 0 722 R 4 7 66.52 50 7 2072000 20750 22 222.4E53 .ON YAWHGIH ETATSRETNI .S.U . "D 2 V 0 4 C 20762 2071 IV 0 V .81 2 81 2077 I 66 I 5 R 58 00 R 0 2204 2 21 DR R 0 2078 P 4 2 0 " .P P 2 VIRP(H V ETA I).RD" R. R P D . V" 8 I I " 9 R 7 87. 1 P 043 R 0 629 292 D 8 1. 03202028 050 7 V 22 I 2802 9 R 0 P 2 02 7 323 290 2025 82 60 2 063 0 922021 2 28 03 6 2032022 9 20 822 2023 03 73" "0 202024 J 2 528" . 90 R B 04 25 1 D 3 290.. 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Dr.Rev. 1668 Hunters Ridge LaneRemove Add. on 73rd and Old Mill RdUpdate with future parcelsAdd addresses in future parcels 6 N W 8 N L 998 - 8W 8 A 2 A 8829A 12 A 2 E 9I 99R 9 9 L 1K 9 6 L 11988AC V 1 119881OI I E 2070 N LND N R I C AU I 4E (J Nov. 2003May 2004Oct 2006Aug 2007 May 2008Apr 2010Jan 2013Mar 2015June 2015Oct 2015Jan 2016Dec 2018Apr 2019 DB 1V B I . 2065 R O O 2 A L O D N T R"".5 E A D O R "FC ."E"H L ". R"T R D. 8 .20506 N.GA U E 9. H VR"O IR I 2 H S RM D.. PD 6 T RCM 0 .8 T D T 23 . ".D O V C E IV U V . C R IIE R R R 4 DR R R 4 P 4 O.P" 0 PVIRP(HT A VI).RD ETA" O R. 2 PRS 2052 D S. VI" 2030 I" C R. 7 N P R D 9 W . IV E R P I 4 5 V 3 T 2 0 R ""E JI 2 " . RE B 2025 . DA . "V IRF R RP .. T I R T RS C I I 2021 D N2 C N . W 4U I T " K V"I6 O A W.1233 IR 117 K A L O N I L F O Y T I C D N S E L. 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O7 18 N .3 H .4 A .1 S . - C 1 9 2 4 1 7 0 05 4 10 1 4 1 7 9 3 1 3 9 3 1 5 8 35 1 5 7 8/20 3 4 1 " E " 19 9 6 3 3 1 1 5 52 3 Parking 1 1 3 4 3 14 1 S 9 3 3 1 E L I A 7 3 K R 3 3 T 3 3 1 1 A L 1 2 3 1 O 3 1 3 N 1 D E I DT AA 5 Yard 0 C O Sweep L 3 A R 1 V 9 F 9 2 1 O 0 0 5 6 9 2 1 Y 7 D 1 T 8 N 2 U0 1 I O2 M 3 8 2 2 C 1 0 5 0 7 15 3 City 2 1 3 4 9 6 2 1 1 Front 65 2 1 3 9 1 7 0 Y A W K R A P 5 8 1 7 P A L R E V O N O I T P I R C S E D 45 Full 0 0 3 6 1 16 15 21 22 T I C S E K A L O N I L F O Y CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: August 10, 2021 Planning and Zoning VI.2 TITLE OF ISSUE: Home Occupation - Auto Repair BACKGROUND AND SUPPLEMENTAL INFORMATION: In August of 2020, the P&Z Commission reviewed the cities regulation of home-based businesses (or Home Occupation), related to auto repair. This review was prompted by a few complaints regarding at least two home-based auto repair shops in the city. Although a public hearing on this subject was not officially held, the commission did take some public comment on the matter. Direction at the time was for staff to bring back some ideas on how to potentially regulate this, while respecting various reputable shops in town, currently operating in a responsible manner. To date, staff has not brought this issue back before the commission. Attached is the current Home Occupation portion of city code along with some simple suggestions for revisions if the Commission was inclined to take this item to a public hearing. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: No official action from the Planning Commission is needed at this time. Staff is looking for direction on next steps. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Request for Action from previous discussion Other (specify) ____________ _____ _____ _____ _____ Draft Ordinance Language _______________________________________________________________ _____ _____ _____ _____ _______________________________________________________________ _____ Nelson _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: August 4, 2020 Planning and Zoning VII.2 TITLE OF ISSUE: Ordinance Review - Home Occupations (auto repair) BACKGROUND AND SUPPLEMENTAL INFORMATION: The city has recently heard complaints on at least two homes where it appears an auto repair shop is being run out of the garage of a residential home. This is legal under our current code as long as "All business activities and storage shall take place within the structure", among other requirements (see attached code section). Some of the difficulties with enforcing this has been that it is difficult to ascertain which vehicles on a driveway are there for storage related to the business and which are for personal use. Additionally, these businesses, tend to have a lot of people and vehicles coming and going from them. While the amount of trips in and out does not cause a traffic problem as might be defined by engineering guidelines, it can disrupt the general peace and decorum of the neighborhood. If the commission feels that this subject is worth further discussion a public hearing could be scheduled. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: For discussion only. No formal action requested at this time. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ ____________________________________________________________________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular If a nonconforming use is replaced by another use, the new use shall conform to this chapter; If a nonconforming use or structure is damaged by any cause to the extent that repair or replacement costs exceed 50 percent of the market value, the use or structure may not be replaced or repaired except in conformity with this chapter; and Normal maintenance of a nonconforming structure is permitted, including necessary nonstructuralrepairs and incidental alterations, which do not extend or intensify the nonconforming use. A structure that consists of a one-family or two-family dwelling that is a lawful non-conforming use located in a Business District or Industrial District may, upon being damaged to an extent exceeding 50 percent of its fair market value, be repaired to its preexisting condition, provided that the non-conformity does not also include inconsistencies with regulations of flood-plaints or shorelandprotection. If no building permit to repair the dwelling is issued by the City within six months of the dateof the event where damage occurs, then the lawful non-conforming use status shall cease and the landshall be used only in conformity with the allowed uses in the District. Construction of one detached accessory building, not exceeding 200 square feet will be considered an incidental alteration, and may be permitted in conjunction with a legal, non-conforming use, provided its purpose is solely for storage and that setback, lot coverage and other requirements of the district are complied with. Construction of an uncovered deck or porch, not exceeding 100 square feet, construction of fences and construction of above ground pools up to 15 feet in diameter shall be considered incidental alterations, and may be permitted in conjunction with a legal, non-conforming use, provided lot coverage and other requirements of the district are complied with. Ord. 2d #6, amended 05/24/2006, Ord. 2d #11, amended 07/26/2006 §156.102 HOME OCCUPATIONS.§156.102 HOME OCCUPATIONS. Home occupations in the city must meet the following criteria: (A) Home occupations shall be conducted solely by persons residing in the residence with the exception of no more than one additional nonrelated employee; (B)All business activities and storage shall take place within the structure; (C)There shall be no alteration to the exterior of the residential dwelling, accessory building or yard that in any way alters the residential character of the premises; (D) Conformance with the sign regulations as set forth in this code; (E)The occupation shall not be visible or audible from any property line; 362 ΋ tğŭĻ (F)The occupation may involve limited retail sale or rental of products on the premises, provided all stock- in-trade is completely enclosed in the principal structure. Retail merchandise may not constitute more than 50 percent of the principal structure square footage; (G) Unless completely enclosed within an approved structure, no vehicle used in the conduct of the occupation shall be parked, stored or otherwise present at the premises other than as is customarily used for domestic or household purposes; (H) Only on-site off-street parking facilities typically associated with a residence shall be used; and (I)The conduct of an occupation or the use of substances which may be hazardous to or in any way jeopardize the health, safety or welfare of neighbors and neighboring property shall not be permitted. (J) Auto repair is not permitted on lots of less than 2 acres in size. Cross-reference: Outside storage as nuisance, see § 91 §156.103 SINGLE-FAMILY DWELLING REQUIREMENTS. All single-family detached dwellings shall be constructed according to the following minimum standards: All dwellings shall have a minimum width of 24 feet at the narrowest point, with the exception of the M-1, M-2 and R-M Districts; Metal siding, with exposed panels exceeding 12 inches in width, shall not be permitted; All newly constructed single-family detached dwellings shall have attached garages. Garages may not be converted to habitable space without replacing the required garage; Single-family dwellings other than approved earth sheltered homes shall have at least a 3/12 roof pitch and shall be covered with an approved roofing material; and All single-family dwellings shall have roof overhangs which extend a minimum of one foot from all the walls of the structure. Roofing materials on single family attached and detached residential structures over 120 square feet shall be tile, shakes, shingles, copper or architectural metal roof sheeting with factory applied color coatings (and are installed with concealed fasteners). Metal roofing must meet Class IV hail resistance standards. Materials and installation must conform to the building codes then in effect. Cross-reference: See parking requirements of this chapter 363 ΋ tğŭĻ CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: August 10, 2021 Planning and Zoning VII.1 TITLE OF ISSUE: Temporary Bag-style Dumpsters BACKGROUND AND SUPPLEMENTAL INFORMATION: A resident filed a complaint regarding "bagster" dumpsters and the duration of time they are being left on the boulevard. Staff has also noticed these items lingering for several weeks or more. The city currently requires roll-off style container companies to be licensed on an annual basis, but does not require permits for the use of individual dumpsters. We do not explicitly regulate the use of bag-style dumpster and are seeking direction from the Planning Commission on whether their is interest in doing so. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: No official action from the Planning Commission is needed at this time. Staff is looking for direction on next steps. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ email from citizen Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ _____ _______________________________________________________________ _____ Nelson _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular Teresa Bender From:Travis Sabby <tsabby@gmail.com> Sent:Thursday, June 24, 2021 11:29 AM To:Teresa Bender Cc:Mark Statz Subject: Re: Temporary Bag/Dumpsters Caution: This email originated outside our organization; please use caution. Thank you! Please note that this is a common problem amongst other municipalitie nationwide. Many cities have addressech will show many articles on this topic. What I have seen in our neighborhood is that these bags sit there for weeks and months without any stuff such as old car seats/etc. Many people (junk & metal collectors) ve witnessed this firsthand. I just feel like there should be a definite time limit on these bags. You would think that after 2 weeks, the homeowners could accomplish what they set forth to get rid of. I think it is important to keep our neighborhoods looking good and also im random people stopping by at all hours. Thank you, Travis On Jun 24, 2021, 10:52 AM -0500, Teresa Bender <TBender@centervillemn.com>, wrote: Dear Mr. Sabby: Thank you for your recent email. Our City Administrator stated that he would place this on the Planning & Zoning Commission meeting agenda for discussion to determine whether the City desired to regulate these items specifically. Sincerely, 1 Teresa Bender 2 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning Commission held a meeting on Tuesday, February 2, 2021 at 6:30 p.m. I. CALL TO ORDER The meeting was called to order at 6:30 p.m. by Chairperson Broussard-Vickers. 1. Oath of Office City Administrator Statz explained that Mr. Kubat and Mr. Kuiper had both been sworn in previously by the City Clerk but wanted to do a public swearing in. a. David Kubat City Administrator Statz administered the Oath of Office to Mr. David Kubat. b. Les Kuiper City Administrator Statz administered the Oath of Office to Mr. Les Kuiper. Chairperson Broussard-Vickers welcomed both Commissioners. 2. Roll Call Present: Chairperson Linda Broussard-Vickers Commissioner Ben Fehrenbacher Commissioner John Krueger Commissioner Nick Twohy Commissioner Darrell (DJ) Olson, Jr. Commissioner Kubat Commissioner Kuiper Absent: None Staff: City Administrator Mark Statz Council Liaison, Russ Koski II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA No additions or deletions were requested. Motion by Commissioner Fehrenbacher, seconded by Commissioner Krueger to Approve the Agenda as presented. A roll-call vote was taken. All in favor. Motion carried. tğŭĻЊƚŅЍ City of Centerville Planning and Zoning Commission Meeting Minutes February 2, 2021 IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter) 1. None. V. AWARDS, PRESENTATIONS & APPEARANCES 1. Block 7 Concept Plans a. Centra Homes Administrator Statz introduced this item and David Pattberg, CFO of Centra Homes, presented this item to the Commission. b. Ebert Construction Administrator Statz introduced this item to the Commission. Markus Ebert, Marty McCarthy, and Jake Ullery of Ebert Construction presented this item to the Commission. Discussion ensued among the Commission regarding the two concept plans presented. Commissioner Fehrenbacher asked if the market in Centerville can support the number of smaller units that Ebert Construction is proposing to build. Mr. McCarthy stated the market research does support the proposal, noting the studio apartments appeal to the college-aged kids who do not want to live in Minneapolis and only need a smaller amount of space, and stated in the neighboring city of Lexington, the smaller units have been in high demand. Commissioner Kubat asked if they expect to see rent growth soon and noted it has seemed rather stagnant recently. Mr. McCarthy stated they fully anticipate seeing an increase in rent growth as Covid-19 comes to an end. Commissioner Twohy expressed his concerns about the height of the buildings and stated it could be an issue for some residents, as well as the lack of parking. Chairperson Broussard- Vickers stated an important factor to consider is the management company who will take care of the property once it is built. She noted a good management company can make all the difference in how a property fits into a community. VI. OLD BUSINESS 1. Block 7 Recommendation Council Members Mosher, Lasko, and Council Liaison Koski thanked the developers for their hard work and presentations. tğŭĻЋƚŅЍ City of Centerville Planning and Zoning Commission Meeting Minutes February 2, 2021 EDA Vice-President, Jim Weatherhead stated of the two concepts provided he prefers the Centra townhomes, noting he believes they will fit into the location well. EDA Member, Mark Remillard stated he agrees with Mr. Weatherhead and prefers the Centra townhomes. Commissioner Fehrenbacher stated he feels the high-density option has more paths to success, therefore prefers the Ebert concept. Commissioner Twohy stated he feels the Centra townhomes fit the area best and he thinks they will be a better option due to the Ebert concept lacking enough parking for the tenants and parking is already a big issue in the city. Commissioner Krueger echoed Co apartments create more police and fire calls, which is not something the city wants. Commissioner Kuiper stated because the community asked for more retail in the downtown area when creating the master plan for the city, he feels the apartments are the best option to allow for adding retail shops and bringing in more consumers. Commissioner Kubat stated he likes the Centra townhomes. He noted he worries that the apartments will not fit into the area, and he thinks the same things that brought him and his family to living in Centerville; family communities and good education, will continue to be a draw for families if they build townhomes. Commissioner Olson stated he has reservations about the apartments because of the parking issues and he feels townhomes bring ownership and bigger stake to the community which is good for the city. Broussard-Vickers stated she agrees that the townhomes are a better fit, but she Chairperson would like to see another configuration of them. She noted Centra is asking for less contributions and parking will not be an issue with the townhomes. Mayor Love thanked the Commission for their hard work. Council Liaison Koski echoed his sentiments. Motion by Commissioner Twohy, seconded by Commissioner Kubat to recommend that the City Council further engage in negotiations with Centra Homes towards the purchase and development of the city-owned property referred to as Block 7. A roll- call vote was taken. All in favor. Motion carried. VII. NEW BUSINESS None. VIII. APPROVAL OF MINUTES 1. September 1, 2020 Planning & Zoning Commission Meeting Minutes tğŭĻЌƚŅЍ City of Centerville Planning and Zoning Commission Meeting Minutes February 2, 2021 Motion by Commissioner Kruger, seconded by Commissioner Olson to approve the Planning & Zoning Commission meeting minutes of September 1, 2021 as presented. A roll-call vote was taken. Chairperson Broussard-Vickers and Commissioner Kuiper abstained. Motion carried. 2.October 20, 2020 Planning & Zoning Commission Meeting Minutes Motion by Chairperson Broussard-Vickers, seconded by Commissioner Krueger to approve the Planning & Zoning Commission meeting minutes of October 20, 2021 as presented. A roll-call vote was taken. Commissioners Kuiper and Olson abstained. Motion carried. 3. IX.Announcements and Updates Council Member Liaison Council Liaison Koski stated he does not have much to report but noted the Council has a Work Session meeting and retreat coming up. He stated that he would provide the Commission with an update at a later date. Administrator Statz stated he is excited to see the lock 7 plans starting. He noted it will be a few months before the project takes off and it will come back to the Commission at least once more prior to a Preliminary Plat Public Hearing. X.ADJOURNMENT Motion by Commissioner Kubat, seconded by Commissioner Krueger, to adjourn the meeting at 8:30 p.m. A roll-call vote was taken. All in favor. Motion carried. tğŭĻЍƚŅЍ CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning Commission held a meeting on Tuesday, April 6, 2021 at 6:30 p.m. I. CALL TO ORDER The meeting was called to order at 6:30 p.m. by Chairperson Broussard-Vickers. Present: Chairperson Linda Broussard-Vickers Commissioner Ben Fehrenbacher Commissioner John Krueger Commissioner Darrell (DJ) Olson, Jr. Commissioner David Kubat Commissioner Les Kuiper Absent: None Staff: City Administrator Mark Statz Council Liaison, Russ Koski II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA No additions or deletions were requested. Motion by Commissioner Fehrenbacher, seconded by Commissioner Kubat to Approve the Agenda as presented. A roll-call vote was taken. All in favor. Motion carried. IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter) 1. Administrator Statz presented the proposal fo Accessory Use to Retail Fuel Sales. 2. Rehbein Commercial a.Preliminary Plat 3. Kwik Trip a.Conditional Use Permit (Car Wash) 4. Norbella Senior Living a.Rezoning (B-2 Main Street Commercial to B-1 Commercial) b. Conditional Use Permit (Specialized Care Facility) 5.Belleville Landing Apartments a. Comprehensive Plan Amendment (Commercial to Residential) b.Rezoning (B-1 Commercial to R-3 High Density Residential) Page 1 of 3 City of Centerville Planning and Zoning Commission Meeting Minutes April 6, 2021 c. Conditional Use Permit for a Planned Unit Development April 26, 2021 Planning and Zoning Commission Meeting. V. AWARDS, PRESENTATIONS & APPEARANCES 1. None. VI. OLD BUSINESS 1. None. VII. NEW BUSINESS 1. Ordinance #113, Second Series Amendments to City Code Chapter 156 & Table 156.A- 1 2. Rehbein Commercial a. Preliminary Plat 3. Kwik Trip a. Conditional Use Permit (Car Wash) b. Site Plan Review 4. Norbella Senior Living a. Rezoning (B-2 Main Street Commercial to B-1 Commercial) b. Conditional Use Permit (Specialized Care Facility) 5. Belleville Landing Apartments a. Comprehensive Plan Amendment (Commercial to Residential) b. Rezoning (B-1 Commercial to R-3 High Density Residential) c. Conditional Use Permit for a Planned Unit Development Agenda items VII 1. - 5c. were heard at the April 26, 2021 Planning and Zoning Commission Meeting. VIII. APPROVAL OF MINUTES 1. January 26, 2021 Planning & Zoning Commission Special Meeting Minutes Agenda Item VIII 1. was heard at the April 26, 2021 Planning and Zoning Commission Meeting. IX. Announcements and Updates 1. Council Member Liaison 2. X. ADJOURNMENT Page 2 of 3 City of Centerville Planning and Zoning Commission Meeting Minutes April 6, 2021 Meeting adjourned at 6:39 p.m. by default due to technical difficulties. Agenda re- addressed on April 26, 2021 Planning and Zoning Commission Meeting. Page 3 of 3 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning Commission held a meeting on Tuesday, May 4, 2021 at 6:30 p.m. I. CALL TO ORDER The meeting was called to order at 6:38 p.m. by Chairperson Broussard-Vickers. Present: Chairperson Linda Broussard-Vickers Commissioner Nick Twohy Commissioner John Krueger Commissioner Les Kuiper Commissioner Darrell (DJ) Olson, Jr. Commissioner David Kubat Absent: Commissioner Ben Fehrenbacher Staff: City Administrator Mark Statz Council Liaison, Russ Koski II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Administrator Statz proposed an addition to the agenda; Acceptance of the resignation of Commissioner Fehrenbacher. No further changes were offered. Motion by Commissioner Krueger, seconded by Commissioner Kubat to Approve the Agenda with the noted addition. A roll-call vote was taken. All in favor. Motion carried. IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter) 1. None. V. AWARDS, PRESENTATIONS & APPEARANCES 1. None. VI. OLD BUSINESS 1. Administrator Statz introduced the concept plans to the Commission. Land Acquisition & Development Manager, Carla Dunham and CFO, David Pattberg with Centra Homes, provided details on the concept plans, parking layout and reviewed the pros and cons of Concept 1: Original RFP Proposal, Concept 2: Alternative A, and Concept 3: Alternative B. Page 1 of 3 City of Centerville Planning and Zoning Commission Meeting Minutes May 4, 2021 Discussion ensued among the Commission regarding various aspects of the plans and which concept they each preferred. Motion by Commissioner Twohy, seconded by Commissioner Kuiper to Recommend to Council a hybrid of Concept 2 and Concept 3 with the northern 2 most buildings with no driveways, adding one unit to the middle building, reducing the visitor parking to 6 spaces, allowing for green space and instructing the developer not to use vinyl siding with allowance of later discussion after some fiscal studies are done on this item. A roll-call vote was taken. All in favor. Motion carried. 1. Administrator Statz provided some background on this item and stated the City Council has th directed him to schedule a new Public Hearing which will be held on May 26 at 5pm prior to the City Council meeting. He noted this item will be on the City Council agenda that evening as well so they can act on any items they feel comfortable doing so at that time. VII. NEW BUSINESS 1. Resignation of Board Member Administrator Statz stated Commissioner Ben Fehrenbacher has submitted his resignation from the Commission. Commissioner Kubat thanked Commissioner Fehrenbacher for all his hard work and dedication to the city; the rest of the Commission echoed his sentiments. Motion by Commissioner Kubat, seconded by Commissioner Twohy to Accept the Resignation of Commissioner Board Member Ben Fehrenbacher and declare an opening on the Planning and Zoning Commission Board. A roll-call vote was taken. All in favor. Motion carried. VIII. APPROVAL OF MINUTES 1. None. IX. Announcements and Updates 1. Council Member Liaison Councilmember Koski stated the aftermath of the Rehbein Commercial hearing at the previous Council meeting was not a reflection of the Commissions work. He stated some of the comments and requests made of the Council and Commission were unfair and noted he would like to educate the public on when the appropriate time is to address concerns and issues regarding city plans within the government process so they can be addressed and heard before it is too late in the process. X. ADJOURNMENT Page 2 of 3 City of Centerville Planning and Zoning Commission Meeting Minutes May 4, 2021 Motion by Commissioner Kubat, seconded by Commissioner Olson, to adjourn the meeting at 9:00 p.m. A roll-call vote was taken. All in favor. Motion carried. Page 3 of 3 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning Commission held a meeting on Tuesday, June 8, 2021 at 6:30 p.m. I. CALL TO ORDER The meeting was called to order at 6:31 p.m. by Acting Chairperson Twohy. Present: Acting Chairperson Nick Twohy Commissioner John Krueger Commissioner Les Kuiper Commissioner Darrell (DJ) Olson, Jr. Commissioner David Kubat Absent: Chairperson Linda Broussard-Vickers Staff: City Administrator Mark Statz II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA No additions or deletions were requested. Motion by Commissioner Kubat, seconded by Commissioner Krueger to Approve the Agenda as presented. All in favor. Motion carried. IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter) 1. None. V. AWARDS, PRESENTATIONS & APPEARANCES 1. Administrator Statz introduced this item and provided some background on the concept plans to the Commission. Cliff Sutton, Sutton Transportation, presented this item to the Commission. Acting Chairperson Twohy asked how many trips per day their trucks may be making. Mr. Sutton stated it is hard to estimate but he believes it will be around forty trips per day. Administrator Statz asked which streets will be the entrance and exit for the trucks. Mr. st Sutton stated they would most likely use Fairview inbound and 21 outbound. He noted that they can use any route preferred for the most part. Page 1 of 3 City of Centerville Planning and Zoning Commission Meeting Minutes June 8, 2021 Travis Hoeschen, VP of Operations, Sutton Transport, addressed the Commission and provided an overview of the schedule the drivers typically have from morning to night. Administrator Statz stated in the past they had some issues with traffic flow at those th intersections and noted he would encourage them to use 20 as the inbound because it provides more space and if there should be several trucks waiting at the intersection it will not cause a major backup. Commissioner Kubat stated one of his concerns is the trucks coming and going at the same intersection where a daycare is located. Mr. Sutton stated the truck schedules are staggered so not all trucks are coming and going at the same time, noting they should not cause traffic backups. Commissioner Kubat asked what type of trucks they use. Mr. Hoeschen stated they currently have 15 tractor/trailers and 5 straight trucks. Acting Chairperson Twohy asked what the difference is between the two bays provided in the concept plans. Mr. Sutton stated ideally, they would like the service bay to be approved but they are open to both options. Acting Chairperson Twohy stated the plan was good and thoughtful and he appreciates all their hard work. Administrator Statz noted the consensus of the Commission this evening was that there is no opposition to the service bay option in the plan, he stated it is preferred. VI. OLD BUSINESS 1. None. VII. NEW BUSINESS 1. None. VIII. APPROVAL OF MINUTES 1. None. IX. Announcements and Updates 1. Council Member Liaison Council Liaison Koski stated the biggest thing that is happening right now is that the city is looking into working with SBM (Spring Lake Park, Blaine & Moundsview) Fire Department. He stated the city would have two full-time employees who essentially work for SBM. He noted it is the direction a lot of cities are going because it is hard to find people to cover daytime hours. Page 2 of 3 City of Centerville Planning and Zoning Commission Meeting Minutes June 8, 2021 He also noted the proposed amendment to the comprehensive plan was not passed at the last City Council meeting and reviewed what happened at the meeting. 2. Administrator Statz stated Fete des Lacs Festival is happening and they are looking for volunteers and parade applicants. He noted this summer both Music in the Park is happening on Tuesdays and the Main Street Market is on Thursdays. X. ADJOURNMENT Motion by Commissioner Krueger, seconded by Commissioner Kubat, to adjourn the meeting at 7:56 p.m. All in favor. Motion carried. Page 3 of 3 August 11, 2021 Watering Restrictions The city currently has an odd/even watering ban and no watering may take place between 10 AM and 6 PM. Meeting Date Change The Planning and Zoning Commission meeting for August has been pushed back one week, to August 10, 2021, to accommodate Nite to Unite. All committee meetings are now being held in-person at City Hall, beginning at 6:30 PM, unless otherwise noted. PARKS AND RECREATION Main Street Market One more week to go! Come out and join the fun on August 12, from 5 to 7 PM. This week, will feature a face painter sponsored by Mike Giovinazzo (American Family Insurance) and Mark Remmilard (Farmers Insurance). Thanks to our valued business partners for stepping up to help make our events even better. Music in the Park Just two weeks left of Music in the Park. We finish up with two great acts that have been MITP mainstays for several years. Food trucks have been added to the Tuesday festivities this year (see the schedule of vendors below) or check out our Facebook Page Movie in the Park The annual Movie in the Park event is set for September 18. The movie is TBD. Rental Assistance If you or someone you know is struggling to pay rent, help is available. Make the call to 211 to get more information. ECONOMIC DEVELOPMENT Quad Area Chamber of Commerce On August 17, the QACC will host a Lunch and Learn with speakers addressing the labor shortage and how to find employees in this market. Economic Development Authority (EDA) Business Appreciation Event The EDA is planning a Business Appreciation Event for Thursday, September 9 from 5 to 7 PM at LaMotte Park. Business owners will receive a mailed invite in the next week or so. 2022 Preliminary Budget The commission has forwarded their budget request to the city council for consideration as Promotional Tote Bags The EDA has ordered additional reusable grocery bags for the Main Street Market. Revolving Loan and Grant Program dation for a grant application from JETS Machine Shop to purchase signage for their Main Street location. Anoka County Regional Economic Development (ACRED) Stakeholder Meeting On September 2, at 1:00 PM, ACRED will hold its tri-annual partnership meeting with communities in Anoka County, Greater MSP, Department of Employment and Economic Development (DEED), MetroNorth Chamber of Commerce, Connexus Energy, and County representatives to cover the following items: ACRED Economic Development Director Update City Updates Greater MSP & DEED Updates Open to Business Update by Alignment and Regionalism Subcommittee North Metro Development Summit ACRED is sponsoring and co-hosting the MN Real Estate Journal North Metro Summit and speaking about opportunities for real estate development and investment in the north metro. ACRED City Partners can attend this event with the County. Interested real estate professionals can register for the event at the link below. Event is tentatively planned in person and online. COMMUNITY DEVELOPMENT Centerville Elementary School Expansion Construction continues on schedule. stnd Old Mill Estates 1 and 2 Additions is on site and has installed a good portion of the walkways. They intend to remain on site until the site work is completed. Although there has been significant progress, there are still a number of outstanding items. The city is preparing to complete these items utili deadline of September 7, has been established for the developer to complete the work before the city would move in. Block 7 Property (Downtown) The final terms of a purchase agreement will be presented to the City Council at their August 11 meeting. If a purchase agreement is signed, the next steps would be for the developer to prepare detailed site plans for submittal to the city as part of a request for Preliminary Plat. That request would require a public hearing. th Centerville Storage (20Ave. Mini Storage) Landscaping work is complete, and the developer anticipates paving in the coming weeks, with fence, security camera and other finishing touches to follow. Bay View Villas (Waterworks Site) has installed the entrance monument along with sod throughout most of the common areas. They intend to remain on site until the site work is completed. Although there has been significant progress, there are still a number of outstanding items. The city is preparing to complete these items utili deadline of September 7, has been established for the developer to complete the work before the city would move in. Atlas Villas Memory Care Project (1825 Main Street) The developer of this property is now estimating a completion date of mid- September. Development Inquiries Homeowner looking to subdivide lot in downtown for high density residential. Investor looking to subdivide lot in downtown for high density residential. Rehbein Commercial City staff continue negotiatir the plat. Grading has begun under a separate grading permit. Kwik Trip No new news with this portion of the development. Norbella Senior Living Norbella is preparing to break ground as soon as the site work and utilities allow. Sewer and water fees and billing logistics are being worked out between Centerville (supplying water) and Lino Lakes (supplying sewer). Peterson Shores at was approved by the City Council on July Rehbein Industrial st This plat dedicates right-of-way on 21 Avenue south of Fairview Street and dedicates the st remaining right-of-way for Fairview Street, through to 21 agreement is being negotiated to cover the installation of the Fairview Street Road extension would accommodate the proposed Sutton Transport project (see below). Sutton Transport A cross-dock and warehousing facility is being st the west side of 21 Avenue across from Distribution Alternatives. The 60-dock facility will include a 40,000 sf warehousing area, offices and a 3-bay service station for light repair work. An expansion area adding an additional 24 docks and 16,000 sf of warehouse is shown for future development. The development will extend Fairview Street through, connecting thst 20 and 21 Avenues. July 28. General Watering ban violations COMMUNITY ENGAGEMENT Web Site CenterStage Calendar Updates Meeting Agendas Parks Programming Promotion Committee Agendas/Packets uploaded Business Email List Reader Board None Meeting Schedules Parks Programming Promotion Community Email List Community Events Meeting Agendas Comments & Concerns from Public Construction site dust complaints Connect with the City on these platforms Social Media FINANCE American Rescue Plan (ARP) The city has received the first half of our funds through the American Rescue Plan. Staff and Council are working on a plan for the allocation of these funds. STORMWATER/WETLAND LaMotte Park Stormwater Reuse System Expansion The irrigation system needed to be shut down after several weeks of drought drew the pond down to just above the inlet. The system will be turned on again if the pond gains a little depth after some rain. SEWER AND WATER Commercial Water Connection Fee Assistance businesses through the pandemic, a new program was introduced, cutting connection fees for city water in half, through the end of 2021 for commercial properties. If you own a commercial property in Centerville that is not currently hooked to city water, and are interested in learning more, please call City Hall. Wellhead Protection Plan Now that our plan has been approved, one of our first implementation items will be to apply for a grant to seal abandon wells. We have a list of those wishing to seal their wells already established, but if you have one city hall know and we can add you to the docket. 2020 Downtown Street and Utility Improvements Paving and most punch list work is complete. Final payments will be processed soon. PUBLIC SAFETY Centennial Lakes Police Department Life Saving Awards Earlier this week Officers Johnson and Schroeder were recognized with a Life Saving Award from a call to 911 in May. The call was a medical emergency in the city of Lino Lakes. CLPD officers were close by and offered to assist emergency responders in Lino Lakes. The efforts by all resulted in a male surviving a sudden cardiac event. Proud of you guys! New Officer Sworn In Today Chief Mork and CLPD welcomed Police Officer Anthony Tonda to the team. Officer Tonda comes to us from the West St. Paul Police Department where he had served welcome Officer Tonda to our lovely community. Night to Unite Our officers were out in full force around the city to visit with folks during Night to Unite (see Facebook post on the left). Thanks to all the neighborhoods that organized events this year. 2022 Budget The Police Governing Board will meet on Monday, August 9, to review a proposed budget which includes an increase of 8.6%, due to personnel costs and increases in workers compensation costs. Centennial Fire District Fire District Reorganization The transition process of mrative functions to the Spring partment has now begun. Open positions for the two full-time firefighters have been filled from internal candidates (those working as paid on call firefighters) and will be on duty as of August 16. Both City Councils have given final approval of the contract which begins in full force on September 1. The district is looking for paid-on-call firefighters. Find out more at www.centennialfire.org INFORMATIONMEMO Public Nuisances Defines public and private nuisances, giving common examples such as weeds, smoke, noise, animals and more. Examines tools cities can use to effectively and fairly prevent nuisances or eliminate nuisance conditions when they occur. Evaluates complaint versus inspection enforcement options. I. Considering community nuisances RELEVANT LINKS: Nuisances impact a community’s livability. Minnesota cities provide for and protect the general welfare of its residents. This can include the prevention or abatement of various nuisance activities. In addition, state statutes provide cities the specific authority to abate nuisances within their jurisdictions. Although it may seem relatively simple in theory, nuisance enforcement is much more difficult in practice. When adopting local regulations, cities need to consider many things, such as: Is the conduct or activity really a nuisance? Does that type of activity negatively impact the entire community or only certain individuals? Will we actively investigate nuisance conditions, or will we rely on resident complaints? How will we address an individual’s rights when the city investigates or removes nuisance conditions? What resources do we have (or need) to enforce our ordinances? Enforcement can be difficult, even in the most obvious situations. The “nuisance” owner may honestly have no idea that the use of his or her property is negatively impacting the community. Nuisance owners often have their own questions, such as: Why am I required to shovel the sidewalk in front of my property? Who are you to tell me how loud I can play my music? Why should my neighbors care how many cars I park on my property? Don’t you need a warrant to enter my property? These are questions city officials should be prepared to answer. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.lmc.org 4/16/2020 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2020 All Rights Reserved 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 RELEVANT LINKS: A. Nuisance per se Robinson v. Westman, 224 A “nuisance per se” (or “nuisance at law”) is an act, occupation, or Minn. 105, 29 N.W. 1 structure which is a nuisance at all times and under all circumstances, (1947). State v. Lloyd A. Fry Roofing Co., 310 Minn. 535, regardless of the actual location or its surroundings. In the case of a 246 N.W.2d 692 (Minn. nuisance per se, the right to relief is established more simply through proof 1976). See Part IV – A – 2 – of the act itself. For example, conduct specifically prohibited by state Injunctions and abatements. statute or local ordinance would be a nuisance per se. B. Nuisance in fact Olsen v. City of Minneapolis, A “nuisance in fact” is an act, occupation, or structure that becomes a 263 Minn. 1, 115 N.W.2d nuisance based upon its relationship to its surroundings, its location, or the 734 (Minn. 1962). manner in which it is performed or operated. C.Ordinance classifications See Public Nuisances, LMC When defining nuisance activities, it is quite common for city ordinances Model Ordinance. to classify nuisances with the following general classifications. Such See Part IV – Public vs. private nuisances. classifications separate nuisances by the harms that they cause, but also upon the broad police powers a city has to remedy such situations. It is quite possible for each category to include both per se and in fact nuisances. 1. Against the peace Certain actions can be categorized as a “nuisance against the peace.” These and similar conditions can create fire, traffic, or other safety hazards: Snow, ice, or other obstructions impacting city streets and sidewalks. Trees or other materials blocking traffic or sightlines. Unnecessary or excessive noises and vibrations. Accumulation of old machinery, appliances, motor vehicles, and the like. 2. Against the quality of life Some activities impact more generally upon a community’s “quality of life”: Minn. Stat. § 609.72. Disorderly conduct. State v. Hensel, 901 N.W.2d Use and/or sale of drugs and alcohol. 166 (2017). Prostitution. Loud music. Barking dogs or animal fighting. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 3 RELEVANT LINKS: 3. Affecting morals Some are categorized due to the detrimental impact on community morals: Minn. Stat. § 609.755. Use of illegal gambling devices. Minn. Stat. § 609.322. Houses of prostitution. Illegal sale or production of alcoholic beverages. Minn. Stat. ch. 340A. 4. Affecting public health Some activities are nuisances because they impact public health: Accumulation of rotting food, household wastes, and other refuse. Animals running at large. Minn. Stat. §§ 18.76-.91. Noxious weeds. IV. Public vs. private nuisances In evaluating how it will respond to nuisances a city must first decide whether something is a public or private nuisance. Handbook, City Regulatory Public nuisances affect a considerable number of people; they violate Functions. public rights and produce a common or general injury, or they injure or Excelsior Baking Co. v. City of Northfield, 247 Minn. 387, annoy the portion of the public that comes into contact with them.Because 77 N.W.2d 188 (Minn. they harm the general public, they can be addressed through city action. 1956). Hill v. Stokely-Van Camp, A private nuisance, on the other hand, produces damages or injuries to Inc., 260 Minn. 315, 109 only one person or a few people. As such, the prevention or abatement of a N.W.2d 749 (Minn. 1961). private nuisance is generally the responsibility of the individual injured, not the city. Aldrich v. Wetmore, 52 Nuisances can be both public and private. For example, a tree on private Minn. 164, 53 N.W. 1072 property could overhang both the public right of way and the adjoining (Minn. 1893). Minn. Stat. § 609.74. private property. Public nuisances are generally remedied by criminal See Part VII – Remedies. prosecution or injunction or abatement actions. Private nuisances are typically remedied by a private civil action. When the city receives a nuisance complaint, alleging some harmful or inappropriate conduct, city officials should consider the following questions: Is the activity actually a nuisance (as provided in state law or as defined in the city ordinances)? If it is a nuisance, is it a public or private nuisance? If it is a public nuisance, what enforcement actions should be used? League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 4 RELEVANT LINKS: A. Public nuisances Victor E. Schwartz & Phil Public nuisance laws have developed over centuries of English and U.S. Goldberg, The Law of Public court decisions (common law). In addition, state and local governments Nuisance: Maintaining Rational Boundaries on a determine through state statutes and/or local ordinances what are Rational Tort, 45 Washburn considered nuisance activities for a particular jurisdiction. L.J. 541 (2006). Nuisance laws have evolved over time and will continue to do so. With more and more people living and working closely in our cities, individuals have a greater opportunity to impact the living conditions of their neighbors. Changes in industrial and commercial practices also lead to different beliefs on what are appropriate uses of property, real and personal, and what is not proper. Kelsey v. Chicago R.I. & Public nuisances negatively impact a community—perhaps the city at P.R. Co., 264 Minn. 49, 117 large, or an otherwise significant area such as a neighborhood. Public N.W.2d 559 (Minn. 1962). nuisance laws address both intentional acts and negligent conduct. 1. Statutory criminal offenses Minn. Stat. § 609.74. State statutes provide that a person is guilty of maintaining a public nuisance (a misdemeanor offense) when he or she, by an affirmative action or upon a failure to act, does any of the following: Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public. State v. Nelson, 189 Minn. Interferes with, obstructs, or renders dangerous for passage any public 87, 248 N.W. 751 (Minn. highway, right-of-way, or waters used by the public. 1933). Is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided. Minn. Stat. § 609.745. Both the person in control of the real property where a public nuisance is maintained, as well as a property owner who rents property with knowledge of the nuisance conditions, may be guilty of a misdemeanor. Statutory nuisance violations can be enforced through criminal prosecutions. 2. Injunctions and abatements Minn. Stat. §§ 617.80-.87. In addition to possible criminal prosecutions, the state statutes also provide a mechanism for obtaining temporary or permanent injunctions or orders for abatement of certain defined public nuisance activities. An injunction is an order that requires a person to stop doing something that harms (e.g., refraining from loud noises, odors, etc.); an abatement order would require a harmful condition to be removed from the property (e,g., cutting weeds, draining stagnant water, etc.). League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 5 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 RELEVANT LINKS: Three or more people obstructing the free passage of sidewalk traffic. Icy sidewalks or driveways. A building overhanging a public street. Stockyards, slaughtering houses, and rendering works. Gases and gas odors, including those emanating from gas plants, petroleum tanks, and engines. Smoke, dirt, and cinders emittedfrom chimneys and smoke stacks. Obstructions or pollution of public streets or waters. Discharge of water and sewage unto adjacent lands. Cesspools. 4. Local regulation See Part VI – Municipal In addition to the statutory and the common law authorities, cities have the regulations. ability to define and establish through local ordinances additional nuisance conduct—so long as it is able to demonstrate that the condition or activity is a public nuisance. B. Private nuisances Minn. Stat. § 561.01. Similar to public nuisances, a private nuisance is anything injurious to “Minnesota’s Public and health, or indecent or offensive to the senses, or an obstruction to the free Private Nuisance Laws,” Minnesota House Research use of property, interfering with the comfortable enjoyment of life or (July 2015). property. An activity does not need to be unlawful to be a nuisance; for Holmberg v. Bergin, 285 Minn. 250, 172 N.W.2d 739 example, a tree overhanging into a neighbor’s yard may become a private (Minn. 1969). nuisance. A private nuisance harms few persons. As such, the responsibility for prevention or abatement is the responsibility of those harmed and is not a Hill v. Stokely-Van Camp, Inc., 260 Minn. 315, 109 proper ground for city actions. In contrast to public nuisances, which are N.W.2d 749 (Minn. 1961). redressed by state prosecution or abatement actions, private nuisances are only addressed by the individuals harmed through private actions. C. Creating a private duty Even though cities do not generally play a role in abating private Cracraft v. City of St. Louis nuisances, in limited circumstances it is possible for a city to assume a Park, 279 N.W.2d 801 (Minn. 1979). duty and subsequent responsibilities in protecting or preventing private harms from occurring. For such a private duty to exist, an individual will need to demonstrate that: The city had actual knowledge of the dangerous condition. There was reasonable reliance by those subject to the council’s representation and conduct and the reliance was based on specific actions or representations which caused the person harmed to forgo other means of protection. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 7 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 RELEVANT LINKS: Coates v. City of Cincinnati, Cities should be prepared to defend the specific regulations and criteria, as 402 U.S. 611, 91 S. Ct. 1686 subjective standards are more vulnerable to legal challenge. (1971). B. Weeds, trees, and long grass Failing to control a property’s vegetation can become a public nuisance. Minn. Stat. §§ 18.75-.91. The Minnesota Noxious Weed Law requires anyone who owns and State v. Boehm, 92 Minn. occupies land to control or eradicate all noxious weeds on the property. 374, 100 N.W. 95 (Minn. 1904). Excessive weeds, grass and other vegetation (often intermixed with trash and other decaying property) are not only physical blight conditions, but Holmberg v. Bergin, 285 Minn. 250, 172 N.W.2d 739 can create fire and other safety hazards. Overhanging tree branches and (Minn. 1969). Jones v. expanding tree roots are often private nuisances between neighbors, but Farnham, 299 Minn. 156, 216 N.W.2d 834 (Minn. can also block intersection sight lines, push up sidewalks, and clog city 1974). sewer lines. Neglected diseased or dying trees can affect an entire community and cause significant ecological and structural hardships. See Part VII – F – These conditions are often abated by city officials as needed. Abatement. C. Streets and sidewalks Local regulations often address the use and possible misuse of a city’s streets and sidewalks system. LMC information memo, Since the accumulation of snow and ice can create hazardous conditions, Acquisition and Maintenance cities often require adjoining residents to clear sidewalks of snow and ice of City Streets. within a reasonable time and prohibit parking on city streets until plowing is complete. Failure to comply with these regulations can result in abatement, which could include shoveling the sidewalk and fining the property owner or assessing the property, and towing and impounding of vehicles. Some cities choose to regulate parking on city streets through specific regulations. For instance, ordinance provisions may restrict or prohibit: Parking or operating commercial vehicles in residential areas. Overnight parking of campers and recreational vehicles. Parking vehicles for sale in the public right-of-way. Handbook, City Licensing. In an attempt to establish an acceptable balance concerning street usage, some cities issue licenses or permits, or establish regulations for some city street and sidewalks activities, including: LMC information memo, Parades, demonstrations, and protests. Regulating Peddlers, Solicitors and Transient Street dances and block parties. Merchants. Hotdog vendors, food trucks, and other transient merchant activities. LMC informational memo, Sidewalk cafes. Sign Ordinances and the Informational signs. First Amendment. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 9 RELEVANT LINKS: D. Motor vehicles Minn. Stat. ch. 168B. Pursuant to state statutes, certain motor vehicles are considered health and safety hazards. Since they can be attractive to children and harbor rodents Minn. Stat. § 168B.04. and other pests, the presence of abandoned or junk vehicles can lead to various concerns. Cities have the authority to take into their custody: Abandoned vehicles, left on public or private property with no potential for further use. Junk vehicles (unregistered and only valued at the scrap metal within). Minn. Stat. § 168B.04, subd. 2. Unauthorized vehicles, in circumstances provided for in state statute. When vehicles are impounded, cities are required to follow specific notice requirements concerning both the taking of the vehicle as well as the Minn. Stat. § 168B.09. possible sale or disposal as provided by the statutes. Cities may also adopt ordinances so long as they are not less stringent than state law. E. Adult uses Minn. Stat. ch. 617. Many cities have adopted ordinances to regulate adult uses. There is also Northshor Experience, Inc. v. general authority provided in state law for those decisions (though it is City of Duluth, MN, 442 F.Supp.2d 713 (D. Minn. important to note that the statutes’ constitutionality has been challenged). 2006). Public nuisances associated with the secondary effects of many adult uses can be addressed by a narrowly tailored adult use ordinance. Handbook, City Licensing. While state law prohibits indecent exposure and obscene materials and performances, many adult uses, such as strip clubs and sexually oriented adult bookstores, are not per se obscene. In many cases, such establishments are subject to certain First Amendment protections and cannot generally be prohibited within a jurisdiction. More often, however, cities are restricted to regulating adult businesses, requiring business licenses, and limiting locations through zoning code restrictions. F. Fires and smoke With limited exceptions provided for campfires, cooking fires, and the like, open burning is a highly regulated activity in Minnesota. Many Burning Permit Information, materials are specifically prohibited from open burning and most burning DNR Forestry Division. require first obtaining a burning permit from the Minnesota Department of Natural Resources (DNR) or one of its agents. Cities have statutory authority to further restrict or prohibit open burning within their jurisdiction. Of particular concern is the operation of backyard solid fuel burning stoves. Because these stoves are fully enclosed with smokestacks, they fall outside of those state regulations on open burning. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 10 RELEVANT LINKS: However, these stoves produce a low temperature burn and typically have State v. Chicago, M. & St. P. very short smokestacks, emitting a tremendous amount of smoke at or near Ry. Co., 114 Minn. 122, 130 N.W. 545 (Minn. 1911). ground level. The Minnesota Supreme Court determined that excessive smoke can be a public nuisance when it invades a residence or place of occupation. Many cities have adopted ordinances regulating the use of solid fuel burners. G.Animals Communities use a variety of measures to regulate animal nuisance problems within their jurisdictions. As cities have become more densely See Lead v. Inch, 116 Minn. populated and the variety and number of pets have changed (i.e., pot- 467, 134 N.W. 218 (Minn. bellied pigs, poultry, apiaries), the need to regulate has increased. Animals, 1912). pets or otherwise, and their owners can negatively impact a community in many ways, including: Excessive barking, howling, whining, or other noise problems. Injuring or inflicting great bodily harm. Minn. Stat. § 347.04. Running at-large. Keeping of farm or other wild/non-domesticated animals. Having too many animals at one location. Creating bad odors. Having and possibly spreading disease. Causing significant property damage. Leaving animal waste on public or private property. Holt v. City of Sauk Rapids, As a result of these and other justifications, animal and pet regulations 559 N.W.2d 444 (Minn. Ct. have been found to be a proper exercise of a city’s police powers. App. 1997). See Part IX – B – Notice-due Although due process is critical whenever private property is entered or process. personal property is removed, extra care should be followed to ensure that an owner’s rights are provided when animals are impounded. H. Water Minn. Stat. § 429.021. Minnesota cities have used their authority to abate various water-related nuisances such as draining and filling of swamps, marshes, and ponds on See Part XI – Special assessments. public or private property. Subject to compliance with DNR regulations, cities are authorized to undertake and finance such public improvements, at least partially, through the special assessment process. I. Building and property conditions See Part IV – A – Public Many problems arise when private buildings and their surrounding nuisances. properties are not properly maintained. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 11 RELEVANT LINKS: Fortunately, state statutes provide significant authority to impose criminal penalties on individuals who maintain properties that constitute a public Minn. Stat. § 617.80. Minn. Stat. § 617.81. nuisance, as well as a process to abate such conditions when they do occur. In landlord-tenant situations, both tenant and owner may be held responsible for nuisance acts occurring on the property. In addition, cities can enforce building and/or property “maintenance” Cates v. Rose Bros., 182 codes, providing an additional local regulatory option. A typical property Minn. 494, 234 N.W. 681 (1931). regulation may address outdoor storage, including what may be stored outside, how much/many items may be stored on the property, how long Handbook, Comprehensive Planning, Land Use, and something may be stored outside, and different standards for front and City-Owned Land. back yards. While important everywhere, communities interested in renewal and redevelopment often make the elimination of nuisances a higher priority and seek various methods—including criminal prosecutions, active inspections, or abatement procedures—to achieve optimal results. This can be of particular importance when economic conditions result in an increased number of vacant and/or foreclosed properties. J.Hazardous and vacant properties Minn. Stat. §§ 463.15-26. The Hazardous and Substandard Buildings Act provides the procedure cities may use to address hazardous buildings and dangerous excavations Ukkonen v. City of within their communities. A “hazardous building” is “any building which Minneapolis, 280 Minn. 494, because of inadequate maintenance, dilapidation, physical damage, 160 N.W.2d 249 (Minn. 1968). unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety and health.” Minn. Stat. § 463.17. Cities typically first notify the owner of record to request the voluntary repair or removal of the hazardous condition or structure. If the owner is unwilling to repair, or if repair or removal is impractical, a city may choose to take one of the following actions: Minn. Stat. § 463.151. Upon the consent in writing of all owners of record, tenants, and all lien holders of record, the city itself may remove or raze any hazardous building or remove or correct any hazardous condition, assessing the costs incurred against the property. Acquire the hazardous building(s) or property through the exercise of Minn. Stat. ch. 117. the city’s eminent domain authority. Order the owner to correct or remove the condition or raze the Minn. Stat. § 463.16. building. Obtain a court judgment and the city itself can correct or remove the Minn. Stat. § 463.161. Minn. Stat. § 463.21. hazardous condition, assessing the costs incurred against the real property. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 12 RELEVANT LINKS: See LMC information memo, When ordering the owner to correct or remove any hazardous conditions, Dangerous Properties. specific statutory procedures must be followed, including enforcement through judicial action. Any attempt to order correction must proceed through the guidance and assistance of the city attorney. Minn. Stat. § 463.251. Vacant properties can also be a detriment to a community’s health, safety, City of Wells v. Swehla, No. and general welfare. Unoccupied, unsecured properties can quickly C3-00-319, (Minn. Ct. App. 2000) (unpublished opinion). become the breeding ground for rodents, trash, and criminal activities. Cities can order vacant or unoccupied structures to be secured against trespass and provide for the emergency securing of a building when health and safety concerns require. A number of cities have adopted local regulations related to vacant structures. K. Consumption of police services Some cities have adopted ordinances declaring excessive use of police services to be a public nuisance. Under these regulations, the costs of excessive police services are pushed back onto those individuals whose Minn. Stat. § 504B.205. nuisance activities resulted in repeat police responses (and additional costs) to one location. Cities adopting such measures must be careful not to impede an individual’s right to seek police or other emergency assistance when needed. L. Miscellaneous Minn. Stat. § 609.74. This list of nuisance activities is not intended to be definitive. Cities, either specifically within a general nuisance ordinance or elsewhere within the city code, regulate or prohibit harmful, indecent or offensive conduct. As a few final examples, cities regularly enforce city ordinances concerning: Noxious smells or odors. Graffiti. Animated signage. Excessive or misdirected light. Glare. A city may certainly find other acts or uses to be nuisances, and the list and type of activities may change over time. Before making such a declaration, seek the advice of the city attorney. VI. Municipal regulations Seiler, Bryan M., Note, There are various reasons why cities regulate nuisance activities or Moving from “Broken conditions. When a city does become involved, it needs be sure that it has Windows” to Healthy Neighborhood Policy: the general authority to act and complies with any statutory or ordinance Reforming Urban Nuisance requirements. Cities need to limit their actions to public, not private, Law in Public and Private Sectors, 92 Minn. L. Rev. nuisances. 883, 903 (2008). League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 13 RELEVANT LINKS: A. Authority In addition to the criminal penalty and abatement measures provided in state statutes, cities also have the general authority to handle nuisance Minn. Stat. § 412.221, subd. 23. issues though the adoption of local measures. For statutory cities, the city Handbook, The Home Rule council has specifically been provided the power to, by ordinance, define Charter City. nuisances and provide for their prevention or abatement. Most home rule Minn. Stat. § 410.33. charter cities have similar authority through a charter provision providing either a similar grant of power, or the general authority to provide for the community’s safety, health, and welfare. In the absence of any specific charter provision, charter cities may also exercise the powers of a statutory city. State v. Lloyd A. Fry Roofing There are limits to this local authority. City actions will be invalidated if Co., 310 Minn. 535, 246 this authority is exercised in an arbitrary or unreasonable manner or if pre- N.W.2d 692 (Minn. 1976). Claesgens v. Animal Rescue empted by state or federal laws. League of Hennepin County, 173 Minn. 61, 216 N.W. 535 (1927). B. Nuisance ordinances A city may best be able to control public nuisances through the adoption of a nuisance ordinance (or collection of city ordinances) that defines and Handbook, Meetings, classifies nuisances, provides for their abatement, and establishes penalties Motions, Resolutions, and for noncompliance. Because city ordinances have the force and effect of Ordinances. law, their form and content are important, as well as the procedures for adoption. Minn. Stat. § 412.221, subd. An ordinance defining a particular activity as a public nuisance is 32. presumably a valid exercise of a city’s police powers. Not only have many St. Paul v. Gilfillan, 36 Minn. 298, 31 N.W. 49 cities adopted nuisance ordinances, but many rely on their local ordinances (Minn. 1886). Cf .City of St. more than state statutes. However, ordinances may only regulate public Paul v. Haugbro, 93 Minn. 59, 100 N.W. 470 (Minn. nuisances and may not declare something a public nuisance that would 1904). otherwise be considered a private nuisance, relatively harmless, or simply not a nuisance at all. Ordinance language is critical for city efforts to be effective. City Press v. City of Minneapolis, ordinances often mirror the provisions provided in state law, but often 553 N.W.2d 80 (Minn. Ct. App. 1996). include specific acts or omissions to provide local officials direction in State v. Becker, 351 N.W.2d enforcing nuisance violations. A common problem is not properly defining 923 (Minn. 1984). terms or using terms too vague or broad to be enforceable. Conversely, an ordinance may be drafted in a way that is too limiting to encompass all intended violations. The ordinance should clearly provide the enforcement procedure and how it will be interpreted and applied. The primary purpose of nuisance regulations is usually to encourage compliance, not necessarily to punish offenders. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 14 RELEVANT LINKS: VII. Remedies Lorshbough v. Township of Cities have choices in how they will remedy nuisance conditions and Buzzle, 258 N.W.2d 96 enforce their nuisance ordinances. Adopting an ordinance may create a (Minn. 1977). Pelican Lake Property Owners Ass’n v. duty to take some reasonable steps to enforce it on behalf of the general County of Crow Wing, Nos. public. Most cities will use a combination ofmethods, depending upon C5-98-1549, C3-98-1940 (Minn. Ct. App. Aug. 17, their resources and the seriousness of the offense. Whatever methods are 1999) (unpublished used, it is a good practice to have a policy guiding when a particular decision). Schultz v. Frank, No. C1-00-285 (Minn. Ct. method will be used. This will ensure that similar violations are treated App. Aug 1, 2000) equally. (unpublished decision). A.Self-remedy The most cost-effective way to remedy nuisance conditions is for the individual to correct the situation him- or herself with minimal city involvement. There are situations where someone is unaware that he or she is maintaining a nuisance and will correct the situation when so informed through a letter or a conversation. Cities can also consider other potentially effective voluntary approaches for nuisance elimination. For example, many cities sponsor neighborhood cleanup days or city-wide recycling events. These activities: provide individuals the opportunity to dispose of many larger items; provide an opportunity for neighborhood residents to work together to address general maintenance issues; and may provide incentive for individuals to fix up their own property. B. Criminal prosecutions Minn. Stat. § 412.231. Most nuisance ordinances provide that violations will constitute a misdemeanor offense. A misdemeanor is a crime for which a sentence of Minn. Stat. § 609.02. not more than 90 days imprisonment or a fine of not more than $1,000 (or both) may be imposed. Criminal prosecutions may take longer than other alternatives and require a higher burden of proof (beyond a reasonable doubt). However, a possible criminal conviction can provide a good incentive for the individual to bring his or her property into compliance. As part of the criminal sentencing, some or all of the actual jail time or fines may be suspended (or stayed), so long as the nuisance condition is remedied within a particular period of time. C. Civil actions When the city has reasonable grounds to believe a nuisance exists, it may bring a civil action in district court to end that activity. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 15 RELEVANT LINKS: See Part VII – F – Rather than seek criminal penalties, cities often pursue a civil remedy to Abatement. achievecompliance with a city ordinance. Civil actions are generally faster, preferred by the courts, and provide the city the advantage of a lower burden of proof (preponderance of the evidence). Civil remedies can include injunctions or restraining orders. Subsequent violations of restraining orders can be enforced though contempt proceedings. D. Administrative enforcement Hannan v. City of Some cities have adopted administrative enforcement ordinances for Minneapolis, 623 N.W.2d dealing with nuisance conditions. An administrative process is a quasi, 281 (Minn. Ct. App. 2001). City of Ramsey v. Kiefer, No. non-judicial alternative remedy. Under this system, property owners (or A08-1714 (Minn. Ct. App. other types of alleged nuisance violators) are provided the opportunity to Aug. 25, 2009) (unpublished decision). present their side before an administrative hearing officer (or panel) appointed by the city council. When violations are found, penalties typically follow a pre-established schedule: more nominal fees for a first violation with increased penalties for subsequent acts. The advantage to establishing an administrative hearing procedure is that it is less formal, less costly, and potentially less intimidating than the court system. The accused is given a chance to come into compliance, with all monies collected retained by the city, not distributed through the state court system. Cities should be aware that both the state auditor and the state attorney general have questioned whether cities have authority to enact these local processes. Accordingly, cities contemplating such an ordinance should work closely with their city attorney. E. Licensing Cities also address nuisance conditions through common regulatory Handbook, City Licensing. means, such as city licenses, permits, and other forms of required Handbook, City Regulatory Functions. registration. The use of licenses and permits offer cities an effective means to monitor compliance. The conditions included with the application process help ensure that an applicant complies with ordinance requirements before the license or permit is issued. If it is found at a later Minn. Stat. § 415.17. time that the license or permit holder is not in compliance, the city can suspend, revoke, or deny renewal of the license or permit, and potentially even close a business unless or until it is brought back into compliance. Licensing practices can provide broad benefits to local communities by addressing direct and secondary impacts of particular activities. For instance, cities often regulate: The consumption and sale of alcohol. The conduct of adult businesses. The conduct of lawful gambling. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 16 RELEVANT LINKS: The operations of peddlers, solicitors, and transient merchants. The use of city streets and sidewalks. Land use and development. See LMC information memo, A land use tool known as a conditional use permit (CUP) is a good Zoning Guide for Cities. example of such a regulation. Conditional uses seek to strike a middle Zylka v. City of Crystal, 283 ground between the unchecked approval of a particular use and complete Minn. 192, 167 N.W.2d 45 prohibition. Conditional uses are uses that will be allowed if certain (Minn. 1969). conditions (that minimize the problematic or nuisance features of the use) are met. If such conditions are not followed, the permit may be revoked. City of Duluth v. Krupp,46 An additional benefit with licensing or permitting systems is the collection Minn. 435, 49 N.W. 235 of a fee. A proper license fee can include the law enforcement/city staff (Minn. 1891). Orr v. City of Rochester, 193 Minn. 371, costs required to properly enforce the city regulations or address the other 258 N.W. 569 (Minn. 1935). negative consequences that are likely to occur with that type of activity. Cities cannot set license fees so high as to prohibit such businesses (or activities) within the city altogether. F. Abatement Regardless of what level of priority is placed on regulating nuisance activities, situations will arise that demand city action. Who will act and how the situation is actually remedied depends upon the particulars involved. 1. Voluntary abatement—notice See Part VII – A – Self- In almost all cases, the city’s first step in an abatement process is the remedy. request for a voluntary remedy of the nuisance condition. Again, convincing an individual to take care of his or her own problems is the most cost-effective way to address most public nuisances. If this does not occur, a clearly written notice is an important first step in providing due process, ensuring that the individual’s property rights are protected if the city must abate the condition itself. 2. Injunctions State v. Sportsmen’s County Since the criminal process can often times be slow and the results are Club 214 Minn. 151, 7 uncertain, it may be necessary to seek injunctive relief to terminate or N.W.2d 495 (Minn. 1943). prevent a nuisance. Under its duty and authority to protect the rights of all of its citizens, a city can obtain injunctions to restrain public nuisances. Minn. Stat. §§ 617.82-.83. The city attorney files a petition with the district court seeking a temporary See “Minnesota’s Public and injunction. The court will hold a “show cause” hearing to provide the Private Nuisance Laws,” Minnesota House Research alleged violator an opportunity to be heard on the allegations within the (July 2015). petition. If the judge believes that the condition has occurred, he or she See Part VII – F – 3 – Orders will issue a temporary injunction, detailing the prohibited conduct or of abatement. conditions. After a temporary injunction is issued, the court, after a further League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 17 RELEVANT LINKS: Minn. Stat. § 617.86. hearing, may issue a permanent injunction and order of abatement if it finds (by clear and convincing evidence) that a nuisance exists. Violation of temporary or permanent injunction is treated as contempt of court. See Public Nuisances, LMC When adopting a nuisance ordinance, it is important to include a provision Model Ordinance. providing that the city will seek a court injunction when no other adequate remedy exists. 3. Orders of abatement For some nuisance conditions, an order preventing the condition from continuing will sufficiently end the problem conduct. Noise nuisances are a good example; when the noise is no longer allowed, the nuisance no longer exists. In others circumstances (such as the long grass and weeds), the nuisance will continue until steps are taken to eliminate the condition (the grass and weeds are cut). In those cases, an abatement order will provide the process for nuisance elimination. a. Judicial Orders Ames v. Cannon River Mfg. When a city seeks relief through the courts, the judge’s order will provide Co., 27 Minn. 245, 6 N.W. the process for abatement. It may provide the owner the opportunity to 787 (Minn. 1880). remedy the situation himself, as well as provide deadlines for when the city may remove the situation itself. The court is available to resolve any additional disputes that may arise during the process or impose additional penalties for not complying with the order. Minn. Stat. § 617.82. The property owner may enter into an agreement with the city to avoid the City of West St. Paul v. issuance or enforcement of an abatement order. If the property owner fails Krengel, 768 N.W.2d 352 (Minn. 2009). to abate the public nuisance conditions, the city may again seek an injunction. b. City orders Many cities attempt to avoid the judicial process by including within their local ordinances the authority to abate nuisance conditions themselves. Mindful of property rights and the need to provide adequate due process, the city ordinance typically provides for: Property inspections (which may require obtaining the necessary warrants) and documentation of any nuisance condition or activity. Written notice of the finding of a violation of city ordinance provided to the owners or operators. An opportunity to contest the nuisance finding with the city council or selected neutral party. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 18 RELEVANT LINKS: Written notice of the date when the violation of city ordinance must be remedied; possible second written notice when the condition has not been corrected; notice of the court date if the city seeks a court order declaring the nuisance condition. City cleanup of the nuisance condition. When personal property is removed in the cleanup process, an inventory of all property collected; notice of where the property can be reclaimed; and the date by which it must be reclaimed, or it will be disposed of (sold or destroyed) by the city. Depending upon the property involved, there may be specific statutory procedures to follow. See Part XI – Special An inventory of all costs involved (i.e., cleanup and storage). assessments. A claim sent to the property owner for the total costs of abatement, as well as how costs will be collected, including possible certification and collection with property taxes. c. Tenants Remedies Act Minn. Stat. §§ 504B.395- There is also limited authority for a city to intervene in landlord-tenant .471. situations. A state, county, or local department or authority, charged with Minn. Stat. § 504B.381. enforcing health, housing, or building maintenance codes has specific statutory authority to bring an action in district court and request a remedy (landlord ordered to remove condition) for violation of health, safety, housing, building, fire prevention, or housing maintenance codes on the tenant’s behalf. 4. Summary/emergency abatement Reed v. Board of Park While cities typically must provide notice and a chance to respond to Com'rs of City of Winona, nuisance conditions, there are limited circumstances that may justify 100 Minn. 167, 110 N.W. 1119 (Minn. 1907). dispensing with standard procedures. There are situations so dangerous that require immediate repair or elimination, such as: Open wells. Abandoned machinery and appliances (i.e., “locking” refrigerators). Downed power lines. Fallen trees. Obstructed streets and sidewalks. Kelty v. City of Minneapolis, 157 Minn. 430, 196 N.W. Raw sewage. 487 (Minn. 1923). The power to summarily abate nuisances is limited, based upon actual necessity as defined and provided by ordinance. When summary action is See Part IX – C – Documentation. necessary, city officials need to document the circumstances, preparing reports and taking photographs to support and defend their actions if necessary. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 19 RELEVANT LINKS: 5. Demolitions City of Minneapolis v. State statutes, as well as some city ordinances, provide for the destruction Meldahl, 607 N.W.2d 168 of buildings, structures, or other nuisance situations. As a drastic, (Minn. Ct. App. 2000). Minn. Stat. § 463.16. irreversible solution to nuisance conditions, demolitions should only be See LMC information memo, used as a last resort and after all statutory and procedural requirements are Dangerous Properties. strictly followed. When repairs or alterations can be made to remedy a hazardous situation, repairs should generally be ordered, rather than destruction of the property. VIII. Enforcement decisions There is no blueprint for effective nuisance enforcement. Each city responds to nuisance activities in its own manner, based upon city finances See Part VIII – C – Inspection-based and staffing needs, as well as the community’s interest or concerns. Some enforcement cities take a proactive approach to nuisance enforcement, sending officials See Part VIII – B – out into neighborhoods, industrial parks, and business districts, actively Complaint-based looking for code violations. In others, the response is more reactive, enforcement. relying more on complaints than active investigating. The approach that is ultimately used should be formally adopted by city policy. It should be specific enough to defend against claims of unequal treatment, yet with enough flexibility to allow for different circumstances that may arise. A. Enforcement officers Cities need to decide who is responsible for enforcing their nuisance Minn. Stat. § 412.231. regulations. As ordinance violations are misdemeanor offenses, city law enforcement will certainly play a significant role. However, when regulating nuisances, cities can also rely on: City administration. Civilian code enforcement officers. Hearing officers. Building inspectors. Animal control officials. Public works, street, or sanitation department officials. State officials (MPCA, Building Codes & Standards, DNR). Private contractors. A city’s investment into nuisance code enforcement will vary, based upon city priorities, needs, and resources. It is important to consider these factors when drafting city ordinances or policies. Ordinances and policies that a city will not have the ability to enforce should not be adopted. It may seem appealing to make nuisance enforcement the responsibility of a single person or department, so the city knows who is handling all nuisance issues. However, because of the variety of responsibilities and League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 20 RELEVANT LINKS: the particular expertise that is often needed for addressing different situations, it may not be practical. Cities should consider training employees that are involved in nuisance enforcement. This type of training can include: How city ordinances are interpreted. Proper inspection methods. Private property rights. Administrative search warrants. Appropriate citizen interactions. Any other relevant information. When changes are made to city ordinances or enforcement policies, city officials should always be advised and instructed on how those changes impact present practices. Cities also need to provide their city employees with the tools and resources necessary to enforce their ordinances. For example, if the city cuts long grass and weeds in the summer, or shovels sidewalks in the winter, it’s going to need (at the least) a lawn mower and a shovel. B. Complaint-based enforcement Many cities enforce their nuisance ordinances only when they receive complaints from the public. A complaint-driven city policy may provide: Logging all complaints received, with date of received complaint and location of nuisance. Processing complaints to the appropriate city official or department. Inspection of the alleged violation. If a nuisance condition exists, notice to property owner or offender. Administrative, civil, or criminal actions to obtain compliance. A follow-up letter to complainant, indicating abatement, impending prosecution, or confirmation that no violation was found. A complaint-driven approach to nuisance enforcement can be less taxing on city resources. However, it may allow nuisance conditions to exist for longer periods of time, creating a more complex situation and costly remedy. Additionally, delayed enforcement may cause a negative impact on the community, lowering property values and impacting community vitality. Minn. Stat. § 13.44, subd. 1. Cities should also remember that the identity of individuals who register LMC information memo, complaints with their city concerning violations of state laws or local Data Practices: Analyze, Classify & Respond. ordinances concerning the use of real property are classified as confidential data under the Minnesota Government Data Practices Act. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 21 RELEVANT LINKS: C. Inspection-based enforcement If a city wants to take a more proactive approach and minimize the impact of nuisances, it can establish an active inspection program to seek out potential violations and require compliance with city regulations. Inspection programs are quite common and most likely are already being used for: City street and sidewalk conditions. See LMC Information Memo, Sanitary Sewer City water and sewer systems. Toolki t. Liquor and other licensed commercial establishments. See LMC information memo, Rental housing. Liquor Licensing and Regulation. A nuisance inspection program sends city officials into the community to locate nuisance violations. When conducting inspections, city staff: Collect and record all relevant facts and data, including the name of the alleged violator, location, and nature of the violation, photograph conditions and record their observations on the conditions. Analyze all the information to determine if a nuisance condition exists. Document conclusions and recommend a course of action. Provide owner or offender notice of condition and expected course of correction and/or consequences. City budgets and human resources will determine how proactive a city can be in actively investigating nuisance concerns in addition to responding to complaints. Active inspection programs should operate in accordance with an adopted policy, something that prioritizes active inspections based on community needs and city resources. IX. Particular concerns There are certain issues that commonly arise when cities adopt and enforce nuisance regulations. A. Private property U.S. Const. amend. IV. U.S. Enforcement measures often lead city inspectors to nuisance conditions on Const. amend XIV. private property, whether it is residential, industrial, commercial, or Katz v. U.S., 389 U.S. 347, otherwise. Entry onto private property for licensing, nuisance, or 88 S. Ct. 507 (1967). hazardous building purposes is subject to the same requirements as any Mapp v. Ohio, 367 U.S. 643, 81 S. Ct. 1684 (1961). other government intrusion onto private property. The Fourth and Fourteenth Amendments to the U.S. Constitution prohibit unreasonable searches and seizures. Individuals have a reasonable expectation of privacy on their property. Care must be taken to ensure that the city does not violate the property owner’s right to be free from unreasonable searches. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 22 RELEVANT LINKS: To enter onto private property, government officials normally must either have the owner’s permission, or have first obtaineda search warrant. 1. Plain view When a city official is able to observe a violation from a public street, Dow Chemical Co. v. U.S., sidewalk, or neighboring property (provided that neighboring property 476 U.S. 227, 106 S. Ct. 1819 (1986). owner granted permission to be there), a person can be charged with an Air Pollution Variance Bd. v. ordinance violation. The observation must provide the official all the Western Alfalfa Corp., 416 U.S. 861, 94 S. Ct. 2114 information necessary to conclude that the nuisance condition exists. (1974). Common examples of nuisances that can exist and be classified as such from a plain view can include diseased trees, noxious weeds, long grass, the accumulation of junk, and noise. Horton v. California, 496 The U.S. Supreme Court has held that when a criminal act or violation is U.S. 128, 110 S. Ct. 2301 within plain view, there is no violation of the Fourth Amendment, and (1990). seizure may be permissible without first obtaining a warrant. However, if the nuisance condition is not serious enough to warrant immediate abatement, officials should provide notice to the offender of the condition and an opportunity for self-remedy. 2. Consent to enter Schneckloth v. Bustamonte, Consent searches are important tools for local officials as an individual’s 412 U.S. 218, 93 S. Ct. 2041 consent will legitimize investigations that would otherwise be invalid (1973). under Fourth Amendment provisions. Consent searches can be reasonable and avoid the need to obtain an administrative search warrant, especially in conditions when an alleged nuisance violation cannot be identified by plain view, or when circumstances need to be abated by local officials. Camara v. Municipal Court, Consent may be given by the owner or tenant of the property, or by an 387 U.S. 523, 87 S. Ct. 1727 individual in control of the premises. Consent must be given voluntarily. (1967). U.S. v. J. B. Kramer Grocery Co., 418 F.2d 987 Courts have upheld consent searches when individuals provide a (8th Cir. 1969). Carlin v. “welcoming action” such as waving instead of providing a verbal Comm’r of Pub. Safety, 413 N.W.2d 249 (Minn. Ct. App. response. An individual does not have to be told they have a right to refuse 1987). entry, but an inspector cannot insist entering or other acts of coercion if entry is denied. When possible, obtain a written consent prior to entering private property. 3. Search warrants If the city does not have consent from the property owner or tenant, it must U.S. v. Dunn, 480 U.S. 294, obtain an administrative search warrant before entering the property. The 107 S. Ct. 1134 (1987). Search Warrant of Columbia warrant process protects an individual’s privacy against arbitrary invasions Heights v. Rozman, 586 by the government. Steps taken to preserve privacy are relevant when N.W.2d 273 (Minn. Ct. App. 1998). considering entry issues. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 23 RELEVANT LINKS: Evidence collected in violation of the Fourth Amendment may be excluded, making it difficult to obtain a conviction or other desired result. Violations of constitutional rights could subject the city to penalties as well. Camara v. Municipal Court, To obtain an administrative search warrant, the city must show probable 387 U.S. 523, 87 S. Ct. 1727 cause why its request to enter private property is justified. The application (1967). for a warrant must describe the city’s inspection program and establish how the particular inspection requested falls within the scope of the ordinance. City officials should assume an administrative warrant will be required to enter a premises for purposes of inspection or investigation unless: An emergency exists—an imminent threat to the public’s safety, health, or general welfare. An appropriate person has granted consent to enter. The place to be inspected is heavily regulated, such a liquor stores, firearms dealers, junkyards, etc. Inspection is required as part of city licensing. B. Notice—due process In non-emergency situations, a property owner and tenants must be provided notice of alleged ordinance violations and the opportunity to remedy the condition before the city can exercise police powers and abate the nuisance condition itself. This notice should provide: The nature of the violation and the city ordinance in violation. The necessary remedy for the condition. The date by which it must be corrected,or the city will abate itself. The right to request a hearing and the date the request must be made by. A description of the penalties if the conditionis not corrected. Notice that costs incurred may be assessed against the property. Minn. Stat. § 617.81, subd. This effectively mirrors the procedural requirements for the abatement 4. procedures provided in the state statutes. The city should provide a reasonable period of time for the individual to Minn. Stat. § 617.81, subd. correct the nuisance condition. For example, the state statutory option 4. provides 30 days before an abatement action is filed. Reasonable time is subjective, depending upon the type and severity of the violation. Too much time may frustrate efforts to prosecute conditions of noncompliance. For example, if the condition really was a detriment to the general public’s health, safety, and welfare, why was it allowed it to remain for such a long time? League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 24 RELEVANT LINKS: When the identity of the person maintaining a nuisance condition is known, notice should be provided by personal service or service by mail Village of Zumbrota v. Johnson, 280 Minn. 390, 161 (posting notice on the property may also be sufficient). If the person is N.W.2d 626 (1968). unknown, publication can be sufficient, but the city’s diligence in determining identity or residency may come into question. City of Golden Valley v. City administrative search warrant procedures must include notice to Wiebesick, 899 N.W.2d 152 tenants, not just to landlords. This notice must include an opportunity to be (Minn. 2017). heard in court. If the city, applying for the warrant does not disclose it, “the district court may also inquire into the extent of police presence, if any, planned for the inspection and the appropriateness of that presence. Typically, absent a threat of danger, the police will not be participating in the inspection within the premises.” A warrant is likely not needed if the situation on the property is an emergency or a “compelling need.” C. Documentation State v. Haase, No. C4-00- City officials need to document and maintain records of their nuisance 1463, (Minn. Ct. App. Apr. abatement activities. Staff notes, photographs, video recordings, and 10, 2001 (unpublished decision). copies of notices will all help the city demonstrate that a nuisance condition existed. Adequate records will assist city staff in refreshing their recollections when testifying—perhaps more important in larger cities with many nuisance conditions occurring at any one time. Consider what equipment would be helpful (such as a digital camera) for documenting enforcement activities. X.Consequences The decision to adopt and enforce ordinances will lead to various consequences, some positive, some negative. Cities should consider the potential, perhaps likely, impacts when they consider their options. A. Positives A well-written and enforced city nuisance program may be the best option a community has in maintaining a high quality of life. Nuisance conditions can greatly impact a community’s general livability. Cities can also avoid greater long-term costs when conditions are addressed in theirinfancy. In addition to the obvious criminal or social concerns nuisances can cause, many theorists contend that nuisance conditions themselves breed more “Broken Windows” The Atlantic Online, (March and more nuisance activities. With their “broken windows” theory, James 1982). Q. Wilson and George Keiling proposed that if nuisances are allowed to go uncorrected, individuals are empowered to cause more nuisances, nurturing an environment in which criminals can thrive on apathy and neglect. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 25 RELEVANT LINKS: In short, the enforcement of ordinances and the abatement of nuisances have been credited with: Increased property values and community pride. Lower crime rates and less gang-related activities. Creating a more attractive destination to visitors, potential residents, and potential businesses. B. Negatives There are ongoing responsibilities with enforcing nuisance ordinances. Handbook, Liability. While cities are afforded some degree of deference in regard to city policies, the lack of clarity surrounding nuisance activities can create its own problems particularly where: Officials are not properly trained in nuisance enforcement. Differences in philosophies exist. A nuisance isdeclared, but no nuisance actually exists. City officials have consistently failed to enforce an ordinance. Selective or discriminatory enforcement occurs. City officials undertake unreasonable or illegal searches. Inappropriate or unwarranted abatement actions occur. There is a large area of conduct where there may be a reasonable difference in opinion as to whether something really is a public nuisance. In addition, there are conflicting opinions on how valid “broken windows” or similar theories are in demonstrating how minor nuisances grow into larger concerns. Regardless of the long-term savings, nuisance enforcement costs money. A city will need to budget for the costs of city employees, inspections, See Part XI – Special assessments. hearings, and the actual abatement of nuisance and hazardous conditions. While there are mechanisms to recover abatement/enforcement costs, many governments simply do not have the funds to make code enforcement a priority. XI. Special assessments In addition to the other means available for a city to recoup the nuisance- related costs, a city may use special assessments to recover its costs. See LMC information memo, Special assessments are a charge imposed on properties for a particular Special Assessment Toolkit. improvement that benefits the owners of those selected properties. The Minn. Const. art. X § 1. authority to use special assessments originates in the Minnesota Constitution. Cities and other governmental entities have the authority “to levy and collect assessments for local improvements upon property Minn. Stat. § 429.061. benefited thereby.” Generally, cities use assessments to finance a variety League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 26 RELEVANT LINKS: of public improvements but may also use them to collect unpaid service charges. Statutory or charter procedures and notice requirements must be followed. Minn. Stat. § 429.101, subd. Cities may, through city ordinance, require that property owners perform 1. certain property-related services. If the city performs the services, it may assess the property benefited for all or any part of the cost of: Snow, ice, or rubbish removal from sidewalks. Weed elimination from streets or private property. The removal or elimination of public health or safety hazards from private property. The installation or repair of water service lines, street sprinkling, or other dust treatment of streets. The trimming and care of trees and the removal of unsound trees from any street. The treatment and removal of insect-infested or diseased trees on private property. The repair of sidewalks and alleys. Inspections relating to municipal housing maintenance code violations. Recovering delinquent vacant building program registration fees. Minn. Stat. § 429.101, subd. Generally, special assessments levied may be payable in a single 2. installment or by up to 10 equal annual payments. The exception is for Singer v. City of special assessments made under an energy improvements financing Minneapolis, 586 N.W.2d program which may be repayable in up to 20 equal installments. The city 804 (Minn. Ct. App. 1988). must pass an ordinance to make this authority effective. The special assessment statute can also apply to home rule charter cities in absence of a specific charter or ordinance provision governing assessment procedures within that jurisdiction. Minn. Stat. § 429.101, subd. Assuming the city has adopted a special assessment ordinance and the 1. condition fits under the state statute, costs may be recoverable through the assessment process. XII. Conclusion Cities have broad authority to define, penalize, and abate public nuisance activities and conditions. City authority is not limitless, however. Cities do not have the power to intervene over private nuisances, nor may they declare conditions to be nuisances that in fact are not. Local authority must not be used arbitrarily, but city officials must be prepared to enforce whatever provisions are adopted. While there are ways to recoup enforcement and abatement expenses, effective nuisance regulations require funding and the use of city personnel. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 27