(A) If, after service of notice of intent to abate nuisance, the person served fails to abate the nuisance or make the necessary repairs, alterations or changes in accordance with the direction of the enforcement officer or the City Council, the enforcement officer or person designated by the City Council shall notify the City Council of the noncompliance. The City Council may order the person receiving the notice to comply with the notice or may provide a modified order.
(1) The order shall be in writing; recite the grounds therefore; specify the necessary corrections, if any, and provide a reasonable time for compliance; and shall state that a motion for summary enforcement of the order will be made to the district court of Aitkin County unless corrective action is taken, or unless an answer is filed within 21 days.
(2) The order shall be served upon the owner of record, or the owner’s agent if an agent is in charge of the building or property, and upon the occupying tenant, if there is one, and upon all lienholders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon the owner by posting it at the main entrance to the building or, if there is no building, in a conspicuous place on the property, and by three week’s publication in the official newspaper of the city.
(3) A copy of the order with proof of service shall be filed with the court administrator of Aitkin County District Court no less than five days prior to the filing of a motion pursuant to § 94.07(B) to enforce the order. At the time of filing such order the city shall file for record with the county recorder or registrar of titles a notice of the pendency of the proceeding, describing with reasonable certainty the ands affected and the nature of the order. If the proceeding be abandoned the city shall within ten days thereafter file with the county recorder a notice to that effect.
(B) If no answer is served, the city may move the court for the enforcement of the order. If such a motion is made the court may, upon the presentation of sufficient proof of service of the order, affirm or modify the order and enter judgment accordingly, fixing a time after which the governing body may proceed with the enforcement of the order. The court administrator shall cause a copy of the judgement to be mailed forthwith to person upon whom the original order was served.
(C) If an answer is filed and served as provided above, further proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts. If the order is sustained following the trial, the court shall enter judgement and shall fix a time after which the nuisance shall be abated in compliance with the order as originally filed or modified by the court. If the order is not sustained, it shall be annulled and set aside. The court administrator of the court shall cause a copy of the judgement to be mailed forthwith to the persons upon whom the original order was served.
(D) If a judgement is not complied within the time specified, the city may cause the nuisance to be abated at the expense of the city and recover such costs as a judgment against the person or persons served. In the alternative, the City Council may direct the City Administrator to extend the sum as an assessment against the property upon which the nuisance existed and shall certify the same to the County Auditor for collection in the same manner as taxes and special assessments are certified and collected. To cover administrative costs necessarily incurred in the abatement and assessment procedure, an administrative fee in the amount of not more than 25% of the cost to abate the nuisance shall be imposed, except that in no event shall the administrative fee be less than as set out in the fee schedule in § 33.01 of the code of ordinances.
(E) In order to determine the amount of the judgment or assessment as the case may be, the city shall keep an accurate account of the expenses incurred in carrying out the order and of all other expenses theretofore incurred in connection with its enforcement, including specifically, but not exclusively, filing fees, service fees, administrative fees, publication fees, attorney’s fees, appraisers’ fees, witness fees, including expert witness fees, and traveling expenses incurred by the city from the time the order was originally made, and shall report its action under the order, with a statement of expenses incurred to the court for approval and allowance. Thereupon the court shall examine, correct, if necessary, and allow the expense account and enter judgement or certify the same to the city administrator for assessment, as the case may be.
(Ord. 400, passed 9-7-2021)