|
<br />.
<br />
<br />.
<br />
<br />.
<br />
<br />Reference from 462.357, Minnesota Statutes 2006
<br />http://www.revisor.leg.state.mn.us/binlgetpub. php?pubtvPe=ST A T CHAP SEC&vem=2006§ion=462.357
<br />
<br />First City Ordinate 462.17 BUILDINGS DECLARED A NUISANCE.
<br />Any building or structure erected, altered, repaired, or used in violation of sections 462.12 to 462.17 or any
<br />ordinance passed thereunder, shall be deemed a nuisance and may be abated at the suit of the city in a civil
<br />action. The city may maintain actions for injunction to prevent violation of sections 462.12 to 462.17 and
<br />of the ordinances passed in pursuance thereof. Owners of land and others interested in land within the
<br />district may also maintain similar actions of abatement and for injunction.
<br />
<br />Now look at 462.12 below
<br />Any city of the first class may, through its council, upon petition of 50 percent of the owners (yah! THAT
<br />IS YOU) of the real estate in the district sought to be affected, by resolution, designate and establish by
<br />proceedings hereunder restricted residence districts and in and by such resolution and proceedings prohibit
<br />the erection, alteration, or repair of any building or structure for anyone or more of the purposes
<br />hereinafter named, and thereafter no building or other structure shall be erected, altered or repaired for any
<br />of the purposes prohibited by such resolution and proceedings, which may prohibit the following: hotels,
<br />restaurants, eating houses, mercantile business, stores, factories, warehouses, printing establishments,
<br />tailor shops, coal yards, ice houses, blacksmith shops, repair shops, paint shops, bakeries, dyeing, cleaning
<br />and laundering establishments, billboards and other advertising devices, public garages, public stables,
<br />apartment houses, tenement houses, flat buildings, any other building or structure for purposes similar to
<br />the foregoing. Public garages and public stables shall include those, and only those, operated for gain.
<br />
<br />462.17 BIDLDINGS DECLARED A NUISANCE.
<br />Any building or structure erected, altered, repaired, or used in violation of sections 462.12 to 462.17 or any
<br />ordinance passed thereunder, shall be deemed a nuisance and may be abated at the suit of the city in a civil
<br />action. The city may maintain actions for injunction to prevent violation of sections 462.12 to 462.17 and
<br />of the ordinances passed in pursuance thereof. Owners ofland and others interested in land within the
<br />district may also maintain similar actions of abatement and for injunction.
<br />
<br />Ok what is a nuisance?
<br />Dictionary: Nuisance is a common law tort. It is one of the oldest causes of action known to the common
<br />law, with cases framed in nuisance going back almost to the beginning of recorded case decisions. Under
<br />the common law, persons in possession of real property (either land owners or tenants) are entitled to the
<br />quiet enjoyment of their lands. If a neighbor interferes with that quiet enjoyment, either by creating smells,
<br />sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party
<br />may make a claim in nuisance.
<br />
<br />Minnesota Statue Definition: 561.01 NUISANCE; ACTION.
<br />Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction
<br />to the free use of property, so as to interfere with the comfortable enjoyment oflife or property, is
<br />a nuisance. An action may be brought by any person whose property is injuriously affected or
<br />whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be
<br />enjoined or abated, as well as damages recovered.
<br />
<br />Conditional Use Permits
<br />Conditional use permits are required for controversial land uses such as landfills and quarries.
<br />Frequently called "locally undesirable land uses" (LULUs), these land uses must meet both a
<br />zoning district requirement as to a permitted use and more specific conditional use requirements.
<br />Examples include land fills, quarries, group homes, halfway houses, shooting ranges, carnivals,
<br />stables, amusement parks, day care centers, nursing homes, air fields, cemeteries and athletic
<br />fields.
<br />
|