Skip to content
The COVID Project
  1. Library
  2. Standing duties: Minnesota
  3. DUT-MN-005

Ex. DUT-MN-005 Standing duty Primary source read

Minn. Stat. § 145A.04 (2020)

Powers and Duties of Community Health Board: investigation, reporting and control of communicable diseases; removal and abatement of public health nuisances

Minnesota Legislature (Local Public Health Act, Minn. Stat. ch. 145A) · Minnesota (community health boards: counties, cities and multi-county boards statewide) (State)

The COVID Project

The record

Jurisdiction
Minnesota (community health boards: counties, cities and multi-county boards statewide) · Minnesota
Level
State
Authority
Minn. Stat. § 145A.04
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding duty
Addressees
  • owners or occupants of property (any property, including business premises); community health boards, counties and cities
Character
sanitary code duty
Collection
Standing duties: Minnesota DUT-MN

Operative words

If a threat to the public health such as a public health nuisance, source of filth, or cause of sickness is found on any property, the community health board, county, city, or its agent shall order the owner or occupant of the property to remove or abate the threat within a time specified in the notice but not longer than ten days.

Penalty

Costs of abatement assessed against the owner and the real property (§ 145A.08 subd. 2, read); the commissioner 'shall inform the attorney general', who 'shall institute proceedings to enforce the provisions of this chapter' (§ 145A.06 subd. 2(d), read); a person with a communicable disease 'subject to control by the community health board is financially liable' for the cost of control (§ 145A.08 subd. 1, read).

What it required

Every community health board 'shall make investigations... and reports and obey instructions on the control of communicable diseases as the commissioner may direct under section 144.12' (subd. 6), and shall order the owner or occupant of any property on which a 'cause of sickness' is found to abate it within ten days (subd. 8), with the cost of enforcement chargeable against the property.

Retrieval note

Subd. 6 verbatim: 'A community health board shall make investigations, or coordinate with any county board or city council within its jurisdiction to make investigations and reports and obey instructions on the control of communicable diseases as the commissioner may direct under section 144.12, 145A.06, subdivision 2, or 145A.07. Community health boards must cooperate so far as practicable to act together to prevent and control epidemic diseases.' § 145A.05 subd. 7 (read) lets a county board 'adopt ordinances to define public health nuisances and to provide for their prevention or abatement'. Minneapolis and Saint Paul acted through these boards and their own emergency powers (Ex. MET-MSP-001, MET-MSP-021).