Oakdale Municipal Code § 19-48 Findings and purpose

[Ord. No. 1177, § 1; Ord. No. 1191, § 3.]

(a) A host of physical conditions of structures and properties within the City can constitute a public nuisance which is injurious to the residents and property owners in the community. Such public nuisances can create conditions that negatively affect one's health, or be indecent or offensive to the senses, or an obstruction to visual blight, so as to interfere with the comfortable enjoyment of life or property of an entire community or neighborhood, or by any considerable number of persons.

(b) Just as physical conditions of structures and properties within the City can constitute public nuisances, so can too the behavior of persons on properties within the City constitute public nuisances. The abatement of such behavioral nuisances is as important to the City in its fight against blight, decay, deterioration and crime as is the abatement of other nuisances created by physical conditions.

(c) The owners of real properties within the City are responsible for monitoring their properties and for taking appropriate action if a nuisance exists thereon, whether that nuisance be created by existing physical conditions or by nuisance creating behaviors, or the combination of conditions. Many nuisances can be avoided with active property management. Lack of proper management of real property can create an environment, which is conducive to behaviors, which become a nuisance with repetition and lack of abatement and corrective measures. If a property owner does not fulfill his or her responsibilities, it is necessary for the safety, health and welfare of the neighborhoods, and the City as a whole, that the City be able to undertake abatement action.

(d) Because of the profound impact and affect behavioral nuisances have on the community, individuals and crime, the council, in adopting this article finds the civil penalties imposed for a violation of this article are justified and necessary to protect the health, property, and integrity of this community.

(e) Nothing in this article exempts property owners from compliance with state or federal laws, including, but not limited to, laws on housing, eviction, retaliatory conduct, discriminatory conduct, or invasion of privacy, nor with City laws relating to housing or relocation.

(f) The purpose of this article is:

(1) To set forth and enforce minimum standards relating to the management of activities conducted or conditions on real property to protect the public health, safety and welfare, and;

(2) To put in place remedies which will permit the City to take timely, effective, efficient administrative or other legal action against property owners who permit or suffer nuisance creating behaviors or conditions to occur on their properties on a continuing basis, in order to compel such owners to abate the nuisance creating behaviors or conditions and control the environment, both physical and behavioral, on such real properties.

(g) The provisions of this article are complimentary, cumulative, supplementary, and additional to any other legal remedies available, whether found in this code, state or federal laws, regulations, or case law.

(h) It is not the intent nor purpose of this article to subject owners or managers to any legal liability resulting from a tenant's actions away from the owner's or manager's own property unless it can be shown that the problem tenant is also creating a nuisance or committing a crime on the owner's or manager's property.

[Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1; Ord. No. 1191, § 3.]

(a) PUBLIC NUISANCE — Means the creation or maintenance of any condition upon public or private property which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, or a detriment to property values, or contributes to visual blight, so as to interfere with the comfortable enjoyment of life or property of an entire community or neighborhood, or by any considerable number of persons.

(b) BUILDING — Means any structure used or intended for supporting or sheltering any use or occupancy and includes any house, garage, duplex, apartment, condominium, stock cooperative or other residential structure, and includes all retail, commercial and industrial structures.

(c) CITY MANAGER — Means the City Administrator Manager or the City Manager's designees (hearing officer).

(d) HABITUAL — Means patterns or occurrences evidenced by frequent repetition or regularity, or that evidence a mode of practice or usage.

(e) OWNER — Means any person owning property, as shown on the last equalized assessment roll for City taxes, or other person having control or possession of the property.

(f) PERSON — Means any individual, partnership, corporation, association or other organization, however formed.

(g) PROPERTY — Means all property within the City and includes any building located on such property.

(h) TENANT OR OCCUPANT — Means any person or group of persons entitled to occupy the whole or part of a building or land, pursuant to a written or oral lease, tenancy at will, tenancy at sufferance or otherwise.

(i) UNREASONABLE STATE OF PARTIAL CONSTRUCTION —Means any unfinished building or structure which has been in the course of construction two years or more, and where the appearance or other conditions of said unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces property value in the immediate neighborhood.