(A) Notice. Written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; notice of City Council order; and notice of motion for summary enforcement hearing shall be given as set forth in this section.
(1) Notice of violation. Written notice of violation shall be served by the officer charged with enforcement on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises.
(2) Notice of Council hearing. Written notice of any City Council hearing to determine or abate the acts prohibited by this subchapter shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of Council hearing, notice of Council hearing shall be served by posting it on the premises.
(3) Notice of City Council order. Except for those cases determined by the city to require summary enforcement, written notice of any City Council order shall be made as provided in M.S. § 463.17, as it may be amended from time to time.
(4) Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as provided for in M.S. § 463.17, as it may be amended from time to time.
(B) Procedure. Whenever the officer charged with enforcement determines that unwholesome substances or solid waste are brought into or deposited or left on premises within the city, the officer shall notify in writing the owner of record or occupant of the premises of the fact and order that the unwholesome substance or deposit of solid waste be removed from the city. The notice of violation shall specify the steps to be taken to abate the act prohibited by this subchapter and the time within which the act and violation is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the Council. Thereafter, the Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is an act prohibited within this subchapter and further order that, if the act is not abated within the time prescribed by the Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement.
(C) Emergency procedure; summary enforcement.
(1) In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in divisions (A) and (B) above will permit any act prohibited by this ordinance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the illegal act. To proceed with summary enforcement, the officer charged with enforcement shall determine that a violation of this subchapter exists or is being maintained on premises in the city and that delay in abatement of the illegal act will unreasonably endanger public health, safety or welfare.
(2) The enforcement officer shall notify in writing the occupant or owner of the premises of the nature of the prohibited illegal act and of the city’s intention to seek summary enforcement and the time and place of the Council meeting to consider the question of summary enforcement. The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is an act prohibited by the ordinance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) above, and may order that the illegal act be immediately terminated or abated. If the illegal act is not immediately terminated or abated, the City Council may order summary enforcement and abate the act and violation of this subchapter.
(D) Immediate abatement. Nothing herein shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety.
(Ord. 254, passed 2-3-1992)