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(A) Private property. The Council finds that accumulation on private property of unlicensed, unregistered or inoperable motor vehicles, household furniture, furnishings or appliances or parts or components thereof, or metal, wood, glass, paper, rubber, concrete or other material, whether organic or inorganic, can facilitate the growth or spread of noxious weeds, the nesting and breeding of rodents, insects and harmful bacteria, and be a threat of fire. The Council also finds that unless the accumulation is stored in a lawfully operated junk yard, housed within a lawfully erected building, or in a container permitted and the contents disposed of under provisions of the city code, it is a source of filth, cause of sickness and an immediate danger to the health, safety and welfare of persons and property in the city. The Council finds that if the unauthorized, unwholesome and dangerous accumulation is permitted to continue to pose a threat, it is a hazardous condition and a nuisance and must be abated, and this section is adopted to protect the residents of the city and their property and, in addition, to protect the rights of persons who may be found in violation of its provisions. ACCUMULATION, as that term is used in this division (A), means prohibited items in any number or amount.
(B) Business premises. The Council finds that accumulation, upon premises to which the public has access or may be exposed, of food particles or other material causing discomfort to patrons, or disrepair of seating, floor covering, plumbing, heating or electrical facilities, or failure to maintain a reasonable standard of cleanliness and absence of noxious odors, can facilitate the nesting and breeding of rodents, insects and harmful bacteria and is a source of filth, cause of sickness and an immediate danger to the health, safety and welfare of persons and property in the city. The Council finds that if the unauthorized, unwholesome and dangerous accumulation is permitted to continue to pose a threat, it is a hazardous condition and a nuisance and must be abated, and this section is adopted to protect the residents of the city and their property and, in addition, to protect the rights of persons who may be harmed in violation of its provisions. ACCUMULATION, as that term is used in this division (B), means prohibited items or conditions in any number or amount.
(1989 Code, § 10.32, Subd. 1)
(A) It is unlawful to park or store any unlicensed, unregistered or inoperable motor vehicle, household furniture, furnishings or appliances, or parts or components thereof, or scrap metal, wood, glass, paper, rubber, concrete or other material, whether organic or inorganic, on private property, unless the accumulation is stored within a lawfully operated junk yard, housed within a lawfully erected building, or in a container permitted and the contents disposed of under other provisions of the city code.
(B) It is unlawful to permit, on premises to which the public has access or may be exposed, any accumulation of food particles or other material causing discomfort to patrons; disrepair of seating, floor covering, plumbing, heating or electrical facilities; or failure to maintain a reasonable standard of cleanliness and absence of noxious odors.
(C) As to any provision of this section which constitutes an unlawful act, and in addition to all of the civil proceedings described in this section, each day that a violation continues or is permitted to continue shall constitute a separate offense in prosecution of the unlawful act.
(1989 Code, § 10.32, Subd. 2) Penalty, see § 130.99
Upon receipt of any complaint of violation of § 130.31 or on its own initiative, but at least annually during the month of May, the Council shall investigate the premises and if it is found that there is a hazardous condition and a nuisance on any premises in violation of this section, the same shall be reported to the City Administrator/Clerk-Treasurer who shall prepare a notice of hearing on order to abate nuisance addressed to owners, tenants, mortgagees and other lienholders, all of whose interests are known to the City Administrator/Clerk-Treasurer or appear of record, and bearing the legal description of the premises on which the alleged violation appears. The notice shall state the date, time and place of hearing and describe the violation in general terms.
(1989 Code, § 10.32, Subd. 3)
(A) The notice shall be served at least 20 days before the date of hearing in the following manner:
(1) If the person to whom it is addressed resides in the city, or can readily be found therein, it shall be served personally on the addressee or left at his or her residence with a person of suitable age and discretion;
(2) Addressees not served personally shall be served by certified mail at their addresses appearing in records of the county; and
(3) By publication of the notice once in the official newspaper at least ten days prior to the date of hearing.
(B) Inadvertent failure to serve any addressee personally or by certified mail shall not invalidate the proceedings, but publication shall then suffice.
(1989 Code, § 10.32, Subd. 4)
(A) The hearing shall be held before the Council at a regular or special meeting and conducted in the same manner as an administrative appeal. All persons desiring to be heard shall be afforded an opportunity to present evidence.
(B) At any time after the hearing is closed, but at least at its next regular meeting, the Council shall decide whether or not the item or items constitute a nuisance in violation of this section and direct the drawing and serving of findings of fact and decision by certified mail on all addressees. If the Council finds that there is a violation, the decision shall include an order to abate the nuisance and specify the date by which the abatement shall be completed.
(C) Estimated value, if any, of all offensive items described in § 130.31(A) shall be included in the evidence and in the findings.
VALUE, for the purpose of this section, means the amount of money, in cash, which can be obtained in a negotiated sale on a known and ready market in the city.
(1989 Code, § 10.32, Subd. 5)
If the city abates the nuisance it shall dispose of the items as follows:
(A) Any item or items of value shall be sold locally in a negotiated sale; and
(B) Items of no value shall be disposed of in a landfill or other site acceptable to governmental regulatory authority.
(1989 Code, § 10.32, Subd. 7)
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