§ 130.33 SERVICE OF NOTICE.

   (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)

§ 130.34 HEARING, FINDINGS AND DECISION.

   (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)

§ 130.35 CITY TO ABATE.

   If abatement of the items described in § 130.31(A) is not completed by the date stated in the order to abate nuisance, the city may enter upon the premises, in accordance with § 10.20, remove the offending item or items and clean up the nuisance.

(1989 Code, § 10.32, Subd. 6)

§ 130.36 CITY DISPOSAL.

   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)

§ 130.37 ALLOCATION OF PROCEEDS AND ASSESSMENT.

   If the city abates the nuisance, all costs thereof, including but not limited to cost of sale, if any, shall be aggregated, sale proceeds deducted and the remainder certified as a special assessment.

(1989 Code, § 10.32, Subd. 8)

§ 130.38 FAILURE TO ABATE NUISANCE ON BUSINESS PREMISES.

   If the hazardous condition and nuisance described in § 130.31(B) are not abated within the time limited, all present licenses issued by the city to carry on the business on those premises shall be revoked, and no future license shall be issued therefor until full abatement has been completed.

(1989 Code, § 10.32, Subd. 9) Penalty, see § 130.99