A.   Issuance; Contents And Requirements: Whenever the compliance official determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this chapter, a compliance order setting forth the violations of this chapter and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall:
      1.   Be in writing.
      2.   Describe the location and nature of the violations of this chapter.
      3.   Establish a reasonable time for the correction of such violations and notify of appeal recourse.
      4.   Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is:
         a.   Served upon owner, agent or occupant personally; or
         b.   Sent by registered mail to his last known address; or
         c.   Upon failure to effect notice through subsections A4a and A4b of this section, posted at a conspicuous place in or about the building, or portion thereof, which is affected by the notice.
   B.   Right Of Appeal: When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this chapter, such person may appeal the compliance order to the city council sitting as a board of appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee set forth per council resolution, in cash or cashier's check, and must be filed with the city clerk within five (5) business days after service of the compliance order. The filing of an appeal shall stay all proceedings in the furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property.
   C.   Board Of Appeals Decision: Upon at least five (5) business days' notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said appeal is filed, the board of appeals shall hold a hearing thereon, taking into consideration any advice and recommendation from the advisory planning commission. The board of appeals may reverse, modify, or affirm, in whole or in part, the compliance order, and may order return of all or part of the filing fee if the appeal is upheld. (Ord. 1998-1, 3-2-1998)
   D.   Transfer Of Ownership Restrictions: It shall be unlawful for the owner of any building, or portion thereof, upon whom a pending compliance order has been served, to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the violation tag or compliance order have been complied with, unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledgment. Anyone securing an interest in the building, or portion thereof, who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice and shall be liable to all penalties and procedures provided by this chapter.
   E.   Failure To Comply; Penalties: Any person who fails to comply with a compliance order after right of appeal has expired, and any person who fails to comply with a modified compliance order within the time set therein, upon conviction therefor, shall be punished as provided in section 10-4-14 of this chapter. (Ord. 1998-1, 3-2-1998; amd. 2005 Code)
   F.   Remedy By City; Costs A Lien: Upon failure to comply with a compliance order within the time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the city council may cause the cited deficiency to be remedied as set forth in section 3-1-3 of this code. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota statutes chapter 429, but the assessment shall be payable in a single installment. (Ord. 1998-1, 3-2-1998; amd. Ord. 2017-01, 1-3-2017)