§ 137-1. Definitions.

For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

CURRENT SERVICE

One or more of the following:

A. Snow, ice or rubbish removal from sidewalks;

B. Weed elimination from street grass plots adjacent to sidewalks or from private property;

C. Removal or elimination of public health or safety hazards from private property, excluding any hazardous building included in Minn. Stat. §§ 463.15 through 463.26, as they may amended from time to time;

D. Installation or repair of water service lines;

E. Street sprinkling, street flushing, light street oiling or other dust treatment of streets;

F. Repair of sidewalks and alleys;

G. Trimming and care of trees and removal of unsound and insect-infected trees from the public streets or private property; and

H. The operation of a streetlighting system.

§ 137-2. Snow, ice, dirt and rubbish.

A. Duty of owners and occupants. The owner and the occupant of any property adjacent to a public sidewalk shall use diligence to keep the walk safe for pedestrians. No owner or occupant shall allow snow, ice, dirt or rubbish to remain on the walk longer than 24 hours after its deposit thereon. Failure to comply with this section shall constitute a violation.

B. Removal by City. The City Clerk/Treasurer or designee may cause removal from all public sidewalks all snow, ice, dirt and rubbish as soon as possible beginning 36 hours after any matter has been deposited thereon or after the snow has ceased to fall. The City Clerk/Treasurer or other designated person shall keep a record showing the cost of removal adjacent to each separate lot and parcel. The City Council may establish the charge for this service.

§ 137-3. Public health and safety hazards.

When the City removes or eliminates public health or safety hazards from private property under the following provisions of this chapter, the administrative officer responsible for doing the work shall keep a record of the cost of the removal or elimination against each parcel of property affected and deliver that information to the City Clerk/Treasurer.

§ 137-4. Installation and repair of water service lines.

Whenever the City installs or repairs water service lines serving private property, the Water/Sewer Supervisor shall keep a record of the total cost of the installation or repair against the property and inform the Clerk/Treasurer for all billing purposes.

§ 137-5. Repair of sidewalks and alleys.

A. Duty of owner. The owner of any property within the City abutting a public sidewalk or alley shall keep the sidewalk or alley in repair and safe for pedestrians. Repairs shall be made in accordance with the standard specifications approved by the City Engineer; available recommendations will be kept at the Kellogg City office. No public sidewalk shall be permanently removed without the written consent of the City.

B. Inspections; notice. The City Council or its designee shall make inspections as are necessary to determine that public sidewalks and alleys within the City are kept in repair and safe for pedestrians or vehicles. If it is found that any sidewalk or alley abutting on private property is unsafe and in need of repairs, the City Council shall cause a notice to be served, by registered or certified mail or by personal service, upon the record owner of the property, ordering the owner to have the sidewalk or alley repaired and made safe within 30 days and stating that if the owner fails to do so the City will do so and that the expense thereof must be paid by the owner and, if unpaid, it will be made a special assessment against the property concerned.

C. Repair by City. If the sidewalk or alley is not repaired within 30 days after receipt of the notice, the City Clerk/Treasurer shall report the facts to the City Council, and the City Council shall by resolution order the work done by contract in accordance with law. The City Clerk/Treasurer shall keep a record of the total cost of the repair attributable to each lot or parcel of property.

§ 137-6. Personal liability.

The owner of property on which or adjacent to which a current service has been performed shall be personally liable for the cost of the service. As soon as the service has been completed and the cost determined, the City Clerk/Treasurer, or other designated official, shall prepare a bill and mail it to the owner, and thereupon the amount shall be immediately due and payable at the office of the City of Kellogg.

§ 137-7. Damage to public property.

Any person driving any vehicle, equipment, object or contrivance upon any street, road, highway or structure shall be liable for all damages which the surface or structure thereof may sustain as a result of any illegal operation or driving or moving of the vehicle, equipment or object or contrivance or as a result of operating, driving or moving any vehicle, equipment, object or contrivance weighing in excess of the maximum weight permitted by statute or this Code. When the driver is not the owner of the vehicle, equipment, object or contrivance, but is operating, driving or moving it with the express or implied permission of the owner, then the owner and the driver shall be jointly and severally liable for any such damage. Any person who willfully acts or fails to exercise due care and by that act damages any public property shall be liable for the amount thereof, which amount shall be collectable by action or as a lien under Minn. Stat. § 514.67, as it may be amended from time to time.

§ 137-8. Special assessment on benefitted property.

On or before November 10 of each year, the City Clerk/Treasurer shall list the total unpaid charges for each type of current service and charges under this chapter against each separate lot or parcel to which they are attributable under this article. The City Council may then spread the charges against property benefitted as a special assessment under the authority of Minn. Stat. § 429.101, as it may be amended from time to time, and other pertinent statutes for certification to the Wabasha County Auditor and collection along with current taxes the following year or in annual installments, not exceeding 10, as the City Council may determine in each case.

§ 137-9. Trees constituting nuisance.

The following are public nuisances whenever they may be found within the City:

A. Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylungopinus rufipes (Marsh).

B. Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide.

C. Any living or standing oak tree or part thereof infected to any degree with the oak wilt fungus Ceratocystis fagacearum.

D. Any dead oak tree or part thereof which in the opinion of the designated officer constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood or other oak material which has not been stripped of its bark and burned or sprayed with an effective fungicide.

E. Any other shade tree with an epidemic disease.

§ 137-10. Abatement of nuisance.

It is unlawful for any person to permit any public nuisance as defined in § 137-9 to remain on any premises the person owns or controls within the City. The City Council may by resolution order the nuisance abated. Before action is taken on that resolution, the City Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to the affected property owner and published once no less than one-week prior to the meeting. The notice shall state the time and place of the meeting, the street affected, action proposed, the estimated cost of the abatement and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the City Council shall hear any property owner with reference to the scope and desirability of the proposed project. The City Council shall thereafter adopt a resolution confirming the original resolution with modifications as it considers desirable and provide for the doing of the work by day labor or by contract.

§ 137-11. Record of costs.

The City Clerk/Treasurer shall keep a record of the costs of abatement done under this article for all work done for which assessments are to be made, stating and certifying the description of the land, lots, or parcels involved and the amount chargeable to each.

§ 137-12. Unpaid charges.

On or before November 10 of each year, the City Clerk/Treasurer shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this article. The City Council may then spread the charges or any portion thereof against the property involved as a special assessment as authorized by Minn. Stat. § 429.101, as it may be amended from time to time, and other pertinent statutes for certification to the Wabasha County Auditor and collection the following year along with the current taxes.

§ 137-13. Public nuisances enumerated.

Whoever by his or her act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:

A. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any member or members of the public;

B. Interferes with, obstructs or renders dangerous for passage any public highway or right-of-way or waters used by the public; or

C. Is guilty of any other act or omission declared by law or this article to be a public nuisance and for which no sentence is specifically provided.

§ 137-14. Public nuisances affecting health.

The following are hereby declared to be nuisances affecting health:

A. Exposed accumulation of decayed or unwholesome food or vegetable matter, except bona fide, properly maintained compost.

B. All diseased animals running at large.

C. Carcasses of animals not buried or destroyed within 24 hours after death.

D. Accumulations of manure, refuse or other debris.

E. Privy vaults and garbage cans which are not rodent-free or flytight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors.

F. The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substance.

G. All noxious weeds and other rank growths of vegetation upon public or private property.

H. Dense smoke, noxious fumes, gas and soot or cinders in unreasonable quantities.

I. Any offensive trade or business as defined by statute not operating under local license.

§ 137-15. Public nuisances affecting morals and decency.

The following are hereby declared to be nuisances affecting public morals and decency:

A. All unlicensed gambling devices;

B. Betting, bookmaking and all apparatus used in such occupations;

C. All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses;

D. All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining such a place; and

E. Any vehicle used for the transportation of intoxicating liquor or for promiscuous sexual intercourse or any other immoral or illegal purpose.

§ 137-16. Public nuisances affecting peace and safety.

The following are declared to be nuisances affecting public peace and safety:

A. All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall;

B. All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection;

C. All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles;

D. All unnecessary noises and annoying vibrations;

E. Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds, except under such conditions as are permitted by this Code or other applicable law;

F. Radio aerials or television antennas erected or maintained in a dangerous manner;

G. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk;

H. All hanging signs, awnings and other similar structures over streets and sidewalks, or so situated so as to endanger public safety, or not constructed and maintained as provide by ordinance;

I. The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk;

J. Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way;

K. All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public;

L. Raw sewage cast upon or permitted to flow upon streets or other public properties;

M. Accumulations in the open of one or more discarded or disused piece of machinery, household appliance, automobiles body, junk vehicles or other material, in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from such accumulation;

N. Any well, hole or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located;

O. Obstruction to the free flow of water in a natural waterway or public street drain, gutter or ditch with trash of other materials;

P. The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance;

Q. The depositing of garbage or refuse on a public right-of-way or on adjacent private property; and

R. All other conditions or things which are likely to cause injury to the person or property of anyone.

§ 137-17. Duties of City officers.

The Public Works Superintendent, Police Department, or other designated official shall enforce the provisions of § 137-16 relating to nuisances affecting public safety. The Wabasha Police Department shall enforce provisions relating to other nuisances and shall assist the other designated officer(s) in the enforcement of provisions relating to nuisances affecting public safety. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances.

§ 137-18. Notice.

Written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; notice of City Council order; and notice of motion for summary enforcement hearing shall be given as set forth in this section.

A. Notice of violation. Written notice of violation shall be served by the officer charged with enforcement on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violations shall be served by posting it on the premises.

B. Notice of Council hearing. Written notice of any City Council hearing to determine or abate the nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of Council hearing, notice of Council hearing shall be served by posting it on the premises.

C. Notice of City Council order. Except for those cases determined by the City to require summary enforcement, written notice of any City Council order shall be made as provided in Minn. Stat. § 463.17 (Hazardous and Substandard Building Act).

D. Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as provided for in Minn. Stat. § 463.17 (Hazardous and Substandard Building Act).

§ 137-19. Procedure.

Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the City, the officer shall notify in writing the owner of record or occupant of the premises of such fact and order that the nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the Council. Thereafter, the Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the county the City may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement.

§ 137-20. Emergency procedure; summary enforcement.

In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in §§ 137-18 and 137-19 above will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer charged with enforcement shall determine that a public nuisance exists or is being maintained on the premises in the City and that delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The enforcement officer shall notify in writing the occupant or owner of the premises of the nature of the nuisance and of the City's intention to seek summary enforcement and the time and place of the Council meeting to consider the question of summary enforcement. The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in § 137-18 above, and may order that such nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance.

§ 137-21. Immediate abatement.

Nothing in this article shall prevent the City, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety.

§ 137-22. Recovery of cost.

A. Personal liability. The owner of premises on which a nuisance has been abated by the City shall be personally liable for the cost to the City of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk/Treasurer or other official designated by the Council shall prepare a bill for the cost and mail it to the owner. Thereupon, the amount shall be immediately due and payable at the office of the City Clerk/Treasurer.

B. Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the Clerk/Treasurer shall, on or before November 10 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under Minn. Stat. § 429.101 against each such property under that statute and other pertinent statutes for certification to the Wabasha County Auditor and collection along with current taxes the following year or in annual installments, not exceeding 10, as the Council may determine in each case.

§ 137-23. Violations and penalties.

Any person violating the provisions of this chapter shall upon conviction thereof be guilty of a misdemeanor and punished as provided by Chapter 1, Article III, General Penalty.