July 15, 2008
CITY HALL'S RESPONSE: WE CONSIDER YOUR COMPLAINT TO BE ONLY A FRACTION OF A COMPLAINT.
OAK GROVE CITY HALL
19900 Nightingale Street NW
Oak Grove, Minnesota 55011
Telephone (763) 753-1920
Fax (763) 753-6271

July 15, 2008

Thank you for your letter dated July 2, 2008 concerning the outdoor wood boiler in operation at the property located at Uplander Street NW. Staff has reviewed the City Code and it does not specifically address the issue of outdoor wood boilers. However, MN State Statute 609.74 defines a Public Nuisance as:

609.74 PUBLIC NUISANCE.
Whoever by an 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:
(1) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public (emphasis added),; or
(2) interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public; or
(3) is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided.

Because your report is the first we have received concerning the outdoor wood boiler at this property, we are unable to take any action on this matter as a public nuisance. Should you find other members of the public that are negatively impacted by the outdoor wood boiler at xxxxx Street NW, please have them contact City Hall at (763) 404-7000. A "considerable number of the members of the public" interpreted to be persons at a total of three or more properties.

Please contact me with any questions.
Sincerely,
Chantell Knauss
City Administrator

Cc: Mayor and City Council