Tribal Government

Title 24 MLBSA
PUBLIC NUISANCE ORDINANCE
Part C

This Public Nuisance Ordinance represents the law pertaining to nuisance on the lands of the Mille Lacs Band of Ojibwe. Therefore, prior Title 24 MLBSA Part C (Nuisance) §§ 301-304 and 24 MLBSA Subchapter VI, § 1254 are repealed and replaced in its entirety by this Ordinance.

PREAMBLE: The Mille Lacs Band of Ojibwe (MLBO) believes that every person within the jurisdictional boundaries of the Band has the right to live a quiet and peaceful life. The Band government also recognizes that certain behaviors are a nuisance which threaten the health, safety and well-being of Band members.

§ 301. Purpose. This Ordinance is created to minimize the impact of undesirable behaviors in neighborhoods and to preserve the peace and tranquility of the MLBO communities.

§ 302. Nuisance Defined. A nuisance shall mean any substance, matter, emission, sound or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety or sanitary condition of the Mille Lacs Band of Ojibwe Reservation or which is offensive or has a blighting influence on the community and which is found upon, in, being discharged, or flowing from any street, highway, railroad right-of-way, vehicle, body of water, excavation, building, lot, grounds, or other property located within the jurisdictional boundaries of the reservation. Nuisances shall include, but not be limited to, the following:

(1) Abandoned vehicle. Any vehicle that is parked for a period longer than 30 days with either no tags or expired tags more than 30 days overdue.

(2) Dangerous structure. A structure which is potentially hazardous to persons or property including, but not limited to:

a. A structure which is in danger of partial or complete collapse; or
b. A structure with any exterior parts which are loose or in danger of falling; or
c. A structure with any parts such as floors, porches, railings, stairs, ramps, balconies or roofs which are accessible and which are either collapsed, in danger of collapsing, or unable to support the weight of normally imposed loads.

(3) Fire hazards. Any thing or condition on the property that creates a fire hazard or which is a violation of the fire code.

(4) Graffiti. Any initials, marks, symbols, designs, inscriptions, or other drawings scratched, painted, inscribed, or otherwise affixed upon any structure without the permission of the owner.

(5) Grass and weeds. Grass or weeds that have grown upon any property to a height of eight or more inches.

(6) Hazards. Any thing or condition on the property that may contribute to injury of any person present on the property. Hazards shall include, but not be limited to, open holes, open foundations, open wells, dangerous trees or limbs, abandoned refrigerators or trapping devices.

(7) Health hazards. Any thing or condition on the property that creates a health hazard or which is a violation of any health or sanitation law.

(8) Insects, rodents and pest harborage. Conditions that are conducive to the presence, harborage or breeding of insects, rodents, or other pests. Beekeeping shall be exempt from the provisions of this chapter.

(9) Loud music. Any music emitted from any car containing an amplified, non-factory sound system, house or music player so as to create a disturbance to the neighbors or community members between the hours of 10:00 p.m. and 8:00 a.m. Cultural music is exempt from the provisions of this chapter if such music is played during a powwow or other cultural gathering.

(10) Refuse, noxious substances, hazardous wastes. Refuse, noxious substances or hazardous wastes laying, pooled, accumulated, piled, left, deposited, buried or discharged upon, in, being discharged, or flowing from any property, structure or vehicle, except for:

a. Refuse deposited at places designated and provided for that purpose and in compliance with 11 MLBSA § 1005.
b. Refuse stored in accordance with this Ordinance and 11 MLBSA §§ 1002-1007 or vehicle parts stored in an enclosed structure.
c. Compost piles established and maintained for gardening purposes.

(11) Uncontrolled party. Any social gathering that creates a disturbance so as to disrupt the peacefulness of the neighborhood or community due to loud noises and/or fights or other obnoxious behavior.

§ 303. Other Definitions.

(1) Attractive nuisance means any condition located on property that could reasonably be viewed as a source of danger to children because the condition creates an attraction where children may enter into or onto to play.

(2) Band lands means (a) lands owned by the Mille Lacs Band of Ojibwe Indians; and (b) lands owned by the United States of America in trust for the Minnesota Chippewa Tribe, the Mille Lacs Band of Ojibwe Indians, or one or more members of the Mille Lacs Band of Ojibwe Indians that are subject to the jurisdiction of the Mille Lacs Band.

(3) Enforcement officer means any officially designated Housing Authority representative, Community Development representative, Health & Human Services representative, tribal police officer, or Department of Natural Resources warden or official.

§ 304. Abatement Procedure. The Mille Lacs Band of Ojibwe will exercise its right to stop or eliminate the nuisance by the procedure described below:

(1) Order. The enforcement officer shall serve a written order upon the owner, tenant, or other responsible party. The written order shall also be served upon any responsible party and may be served upon any other known party to the nuisance. The order shall contain the following:

a. A full and complete street address or a real estate description sufficient for identification.
b. A description and location of the nuisance and the remedial action required to abate the nuisance.
c. The abatement deadline, to be determined by the enforcement officer, allowing a reasonable time for the performance of any act required.
d. A statement that the order may be appealed and a hearing in the Court of Central Jurisdiction obtained by filing a written request with the Court Clerk prior to the abatement deadline designated in the order.
e. A statement that if the remedial action is not taken nor a request for a hearing filed with the court clerk within the time specified, the Mille Lacs Band of Ojibwe will abate the nuisance and charge all costs incurred therein against the owner, tenant, or person responsible for creation of the nuisance.

(2) Setting hearing date. In the event that an appeal is filed, the court clerk shall schedule the matter for hearing. In all instances, the court clerk shall set the hearing no longer than 60 days from the filing of the complaint.

(3) Notice of hearing date. In the event an appeal is filed with the District Court, the court clerk shall mail a notice of the date, time, place, and subject of the hearing to the owner, tenant, and/or known responsible parties. The court clerk shall also mail the notice to the district community center where the nuisance is located requesting that it be posted. The court clerk shall also notify the enforcement officer.

(4) Hearing. If the court ruling requires abatement, an order shall be issued to fix a time when the nuisance must be abated and shall provide that if the nuisance is not eliminated within the time specified, the Band may abate the nuisance and assess the costs of the abatement to the Band member found responsible for the nuisance.

(5) Abatement. If the remedial action is not taken nor an appeal filed within the time specified, the MLBO may abate the nuisance.

(6) Fines. Any Band member who creates a nuisance within the meaning of this Ordinance shall be guilty of a civil misdemeanor. If, by a preponderance of the evidence, the Band member is found guilty of such charge, a fine may be issued against any owner, tenant, or responsible party to a maximum amount of $1,000.00.

§ 305. Emergency Abatement Procedure. When the enforcement officer determines that an attractive nuisance, a nuisance condition, or a dangerous structure as defined in Section 102 exists on the property which constitutes an immediate danger or hazard which if not immediately abated will endanger the health or safety of the public and there does not exist sufficient time to follow the procedures of Section 104, the Band may abate the nuisance by the procedure described below:

(1) Order. The Band shall order emergency abatement by an administrative order to be signed by the Commissioner of Community Development, Housing Authority executive director, chief of tribal police, Commissioner of Health & Human Services, Assistant Commissioner of Administration or the Commissioner of Administration or their officially designated representative.

(2) Notice of Abatement. Following an emergency abatement, the commissioner shall file such administrative order with the Court of Central Jurisdiction and request that a hearing be scheduled before the District Court following notice to the owner, tenant, or other responsible party. The notice shall contain:

a. A description of the nuisance;
b. The action taken;
c. The reasons for immediate action;
d. The costs incurred in abating the nuisance; and
e. The date, time and place of the public hearing.

(3) Hearing. At the time of the hearing, the court shall hear from the enforcement officer, commissioner, or any other party who wishes to be heard regarding their personal knowledge of the nuisance. In the event the Band meets its burden of proof by a preponderance of the evidence, the Court of Central Jurisdiction may levy an assessment for costs incurred by the Band in abating the nuisance or institute an order for a fine against the owner, tenant, or responsible party.

(4) Fines. Any Band member who creates a nuisance within the meaning of this Ordinance shall be guilty of a civil misdemeanor. Any owner, tenant, or responsible party who is found guilty of creating a nuisance, and the MLBO is required to abate such nuisance on an emergency basis, may be fined no more than the maximum amount of $1,000.00.