Public Health

Section 600 - Litter

600.01 - Definitions

Subdivision 1

For purposes of this section, the terms defined in this subsection have the meanings given them.

Subd. 2

The term “litter” means:

1. Garbage, junk, refuse and rubbish;
2. Abandoned property in the form of deteriorated, wrecked, or derelict property in unusable condition and left unprotected from the elements. The term “abandoned property” includes, but is not limited to, deteriorated, wrecked, inoperable, unlicensed, or partially dismantled motor vehicles, abandoned motor vehicles, trailers, boats, machinery, refrigerators, washing machines, household appliances, plumbing fixtures, and furniture; and
3. Abandoned motor vehicles as that term is defined in Minnesota Statutes, section 168B.02

600.03 - Prohibition; storage

It is unlawful to throw or deposit litter on private or public property in the city. Abandoned property may be stored on public or private property only in a garage or storage building.

600.05 - Duties of owners and occupants

The owner, lessee or occupant of private property, whether occupied or vacant, must maintain the property free of litter and must not create an unsightly condition.

600.07 - Authorized storage

Nothing in this section prohibits the storage of litter on private property in receptacles or containers which meet the requirements of section 610 of this code.

600.09 - Removal of litter; procedure; collection of costs

Subdivision 1 - Notice; service

When there exists litter on private property, a notice to remove the litter may be served upon the owner, lessee, or occupant thereof by the city. The notice must be served by registered mail, or by personal delivery. When the property is occupied, service upon the occupant is deemed service upon the owner; where the property is unoccupied or abandoned, service may be by mail to the last known owner of record of the property.

Subd. 2 - Notice; contents

The notice required by subdivision 1 must state:

1. the nature and location of the litter;
2. that the litter must be removed or properly stored within ten days of service of the notice; and
3. that if the litter is not so removed or stored, it will be removed by the city and the cost of such removal assessed against the property.

Subd.3 - Costs

The clerk-treasurer must keep a record of all costs incurred by the city in the removal and disposition of litter pursuant to this section, including all administrative costs involved in the service of the notice required by this subsection, and must report such costs to the city clerk-treasurer annually not later than August 1.

Subd. 4 - Assessment

On or before September 1, of each year the clerk-treasurer must list the total costs incurred by the city under the section against each separate lot or parcel to which they are attributable. The city council will then spread the costs against each property as a special assessment for collection as other special assessments in the following year, all as authorized by Minnesota Statutes, section 429.101.

Section 605 - Noxious Weeds

605.01 - Definition of weeds

For purposes of this section the term “weeds” means noxious weeds as defined by state law and all such useless and troublesome plants as are commonly known as weeds to the general public.

605.03 - Nuisance

Weeds or growing grass upon any lot or parcel of land in the city in excess of eight inches in height, or which have gone or are about to go to go to seed, are hereby declared to be a nuisance an dangerous to the health, safety, and good order of the city.

605.05 - Notice

When the owner or occupant of a premises permits a nuisance to exist in violation of subsection 640.03, the weed inspector must serve a notice on the owner, occupant, or agent of the owner of the lot or parcel of land ordering the owner or occupant, or agent of the owner of the lot or parcel of land ordering the owner or occupant to have the weeds or grass cut and removed or otherwise eradicated or removed within ten days after the service of the notice. The notice must also state that in event of non-compliance, removal will be done by the city at the owner’s expense. When the owner, occupant, or agent of the owner cannot be found, notice must be sent by registered mail to the person who is listed on the records of the county auditor or county treasurer as the owner. Service is complete with mailing.

605.07 - Assessment

If a person fails to comply with the notice within ten days after service, or if the owner, occupant, or agent can not be found, the weed inspector may have such weeds cut and removed or otherwise eradicated. A record showing the cost of such work attributable to each separate lot or parcel will be delivered by the weed inspector to the city clerk-treasurer. On or before the first day of August of each year, the amount so charged against the lot or parcel of land, together with a description of the premises and the name of last known owner will be reported by the clerk-treasurer to the city council. The council must then spread the costs against each property as a special assessment for collection as other special assessments in the following year, all as authorized by Minnesota Statutes, section 429.101.

605.09 - Weed inspector

The mayor is the weed inspector as provided by law. The mayor may assign the duty to the city maintenance department.

610.11 - Penalty

A person who fails or neglects to cut and remove or otherwise eradicate weeds or grass as directed in this section, or who fails, neglects or refuses to comply with the provisions of any notice provided herein, or who violates the provisions of this section, or who resists or obstructs the weed inspector in the cutting, removal or eradication of weeds or grass, is guilty of a misdemeanor each day on which the violation continues is a separate offense. (See Section 115 – Penalties)

(See also Chapter 2010 regarding nuisances.)