Resolution ordering the abatement of hazardous conditions, code violations, and public nuisances at 1908 4th Avenue.

Adoption of the attached resolution/abatement.

Staff have received numerous complaints over the years and have observed, from public rights-of-way and neighboring yards, significant code violations at the property located at 1908 4^th Avenue. The property has had structures built on it which violate applicable setbacks, are located within the city right-of-way, and encroach onto neighboring properties. The construction activity occurred without obtaining appropriate building permits or encroachment licenses.
 
In addition to the structure, fencing exists in the rear yard of the property for which a permit was pulled but for which no final inspection was not approved because the fence is not complying with applicable setbacks and by being built on the property line. Also, the rear yard of the property has had additional fill added which appears to exceed 25 cubic yards for which no conditional use permit was pulled as required by City Code for substantial land alteration which significantly changes the documented contour.

Additionally, the property has an accessory structure located in the rear yard of the property which does not meet required setbacks and is located on a utility easement.

Staff met with the property owner and entered into a Plan of Correction action dated February 10, 2023, regarding the violations at the property which the property owner still has not addressed. The property owner signed the Plan of Corrective Action on February 23, 2023.

Staff have continued to address the noncompliance issues with the property owner over the past 18 months.

Staff obtained an administrative warrant on June 18, 2024, with docket number 07-CVF-24-2281, allowing the city to enter the property for purposes of inspection in order to enforce building code and state nuisance laws, including conducting a survey; taking measurements and photographs of the exterior of buildings, yard and curtilage; taking measurements and photographs of any and all fencing; conducting soil tests; and performing other such duties as are necessary document violations and may hold said evidence in custody according to law. 

During that site visit, staff confirmed and documented the code violations on the property and also observed and documented additional nuisance violations in existence in plain sight, including junk, appliances, piles of construction material, fuel tanks covered by tarps and junk vehicles sitting in the yard.

MANKATO CODE SECTIONS AND STATE LAW

A. Structures.
 
Mankato City Code, Section 6.06, subd. 5, states that “no person shall obstruct, excavate, dig, tunnel, trench, or install any facilities, equipment or improvements above, on, or beneath the surface of any right-of-way in the City or any property owned by the City without first obtaining a permit pursuant to this subsection”.
 
Mankato City Code, Section 6.08, states that “it is unlawful for any person to erect or place any barricade, fence or obstruction upon any public right-of-way without having first obtained a permit for such erection or placement from the City Manager or designee”.
 
Mankato City Code, Section 6.16, subd. 1, states “[i]t is unlawful for any person, as owner, lessee, occupant or other person in control of any real property within the City, to install, place, build, erect, maintain, occupy or use upon any such property any building, structure or physical encroachment which, in whole or in part, is installed, placed, built, erected, maintained, occupied or used on any portion of the right-of-way … without first having obtained a written license therefore pursuant to the provisions of this section”.
 
Mankato City Code, Section 10.15, subd. 6A and 6B addresses yards and setbacks from the R-3 District and requires a minimum of twenty-five (25) feet for front yard setback and a minimum of six (6) feet for side yard setback.
 
Mankato City Code, Section 10.96, authorizes enforcement of violations of Chapter 10, including ensuring “compliance with, or to prevent or abate any violation of the provisions of this chapter, and in particular shall, when necessary or appropriate, shall cause the City Attorney to initiate any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this chapter”.
 
Mankato City Code, Section 12.01, incorporates the state building code, and the Minnesota Residential Building Code located at Minn. R. 1300.0120, subpart 1 and states “An owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any gas, mechanical, electrical, plumbing system, or other equipment, the installation of which is regulated by the code; or cause any such work to be done, shall first make application to the building official and obtain the required permit”.
 
B. Fences.
 
Mankato City Code, Section 10.88, subd. 11, requires that no fence or wall shall be erected, enlarged, expanded, altered, relocated, maintained, or repaired in any yard unless it shall first meet the requirements of this section (Section 10.88, subd. 11).
 
Mankato City Code, Section 10.88, 11.A.2, states “that all fences in residential districts shall be constructed of stone, brick, finished wood, or chain link and the finished side of the fence, or that side of the fence without exposed supports or posts, shall face the neighboring properties or streets” and Mankato City Code §10.88, subd. 11.A.3 requires that “every fence or wall shall be maintained in a good and safe condition at all times and [e]very damaged or missing element of any fence or wall shall be repaired or replaced immediately”.
 
Mankato City Code, Section 10.88, subd. 11.B.1, states “[n]o fence or wall located in a side or rear yard shall be of a height exceeding eight (8) feet, measured from its top edge to the ground at any point” and 11.B.2, states “No fence or wall located in a front yard shall be of a height exceeding four (4) feet, measured from its top edge to the ground at any point”.
 
Mankato City Code, Section 10.88 subd. 11.C.1 and 11.C.2 state, “[a] fence may be located adjacent to, but not on, a property line and [n]o fence, wall, hedge, or other screening device shall be permitted to encroach on any public right-of-way or be in violation of Section 12.71 of the Mankato City Code”.
 
Mankato City Code, Section 12.71, subd. 1, states “[n]o fence, more than thirty (30) inches in height shall be erected unless a fence permit has first been obtained from the Building Official, or designee”.
 
Mankato City Code, Section 12.71, subd. 3 states, “[f]ences must be maintained so as not to endanger life or property and any fence which through lack of repair, type of construction or otherwise that imperils health, life or property, or the well-being of a neighborhood shall be deemed a nuisance”.
 
Mankato City Code, Section 12.71, subd. 5, states that “a violation of this (Fence) Section represents a public nuisance pursuant to Chapter 9 of the Mankato City Code, which City may abate under Section 9.77 of the Mankato City Code”.
 
C. Unpermitted Fill.
 
Mankato City Code, Section 10.82, subd. 9, addresses substantial land alterations and states that a Conditional Use Permit shall be required where the excavation, grading, and filling of any land would result in the movement of earth and materials in excess of twenty-five (25) cubic yards and would significantly change the existing ground contour and existing drainage, or cause flooding and/or erosion
 
D. Junk & Garbage.
 
Mankato City Code, Section 9.13, requires “[t]he owner of any premises within the City upon which premises refuse, garbage, swill or waste matter is or may be present, shall provide and maintain on such premises sufficient containers for the storage of all refuse, garbage, swill, or waste matter placed, accumulated or stored on such premises….”.
 
Mankato City Code, Section 9.13, subd. 4, provides that “[a]ny accumulation upon any premises within the City of any refuse, garbage, swill or waste matter not stored in a container or containers as required by subdivision 2 of this section or stored in such a container or containers upon such premises for a period in excess of seven (7) days, is hereby declared to be a hazard to the public health and safety, and a public nuisance, and shall be abated according to the provisions of Section 9.77”.
 
Mankato City Code, Section 9.14, subd. 2, states that it is “unlawful for any person to park, store or leave any junked motor vehicle, whether attended or not, upon any public or private property within the City” and subd. 3 of that same section states “[t]he presence of a junked motor vehicle upon private or public property within the City is hereby declared to be a hazard to the public health and safety and a public nuisance and shall be abated according to the provisions of Section 9.77”.
 
Mankato City Code, Section 9.15, makes it “unlawful for any person to deposit garbage, rubbish, offal, the body of a dead animal, or other litter in or upon any public street, public or private lands, water or the ice thereon”.
 
E. Enforcement.
 
Mankato City Code, Sectio 9.66, makes it “unlawful for any person to maintain a public nuisance by his act of failure to perform a legal duty, and for purposes of this section, a public nuisance shall be defined as any of the following: (1) maintaining or permitting a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; (2) interfering with, obstructing or rendering dangerous for passage, any street, public right-of-way, or waters used by the public; or (3) any other act or omission declared by law to be a public nuisance”.
 
Mankato City Code, Section 9.67, makes it “unlawful for any person to permit real or personal property under his control to be used to maintain a public nuisance or let the same to another knowing it is to be so used”.
 
Mankato City Code, Section 9.77, subd. 3, states that “[n]o person shall directly or indirectly or by omission create a nuisance, and [n]o owner or responsible party shall allow a nuisance to remain upon or in any property or structure under his or her control”.
 
Mankato City Code, Section 9.77, subd. 11 and subd. 12, provide for abatement of various nuisances if the Property Owner fails to comply with the notice and order provisions to remedy the issues.
 
Mankato City Code, Section 10.96, authorizes enforcement of violations of Chapter 10 (Land Use Regulations), including ensuring “compliance with, or to prevent or abate any violation of the provisions of this chapter, and in particular shall, when necessary or appropriate, shall cause the City Attorney to initiate any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this chapter”.
 
Mankato City Code, Section 12.71, subd. 5, states that “a violation of this (Fence) Section represents a public nuisance pursuant to Chapter 9 of the Mankato City Code, which the City may abate under Section 9.77 of the Mankato City Code”.
 
Minnesota Statutes Section 462.357 provides City authority to pursue remedying land use violations, including recognizing them as nuisances and abating them for non-compliance.
 
Minnesota Statutes § 609.74, 561.01 Minnesota Statutes defines nuisance as "[a]nything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property" and provides both civil and criminal statutory remedies to protect the public against such nuisances.
 
Staff recommends approval of the Abatement Order based on the findings addressed in the resolution.