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§ 94.39 FILING COMPLAINT.
   Any person, including the city, who believes there is property located within the corporate limits of the city which has growing plant matter in violation of this subchapter shall make a written complaint signed, dated, and filed with the City Clerk/Treasurer. If the city makes the complaint, an employee, officer, or Council Member of the city shall file the complaint in all respects as set out above.
§ 94.40 NOTICE OF VIOLATIONS.
   (A)   Upon receiving notice of the probable existence of weeds in violation of this subchapter, a person designated by the City Council shall make an inspection and prepare a written report to the City Council regarding the condition. The city, upon concluding that there is a probable belief that this subchapter has been violated, shall forward written notification in the form of a “Destruction Order” to the property owner or the person occupying the property as that information is contained within the records of the City Clerk/Treasurer or any other city agency. The notice shall be served in writing by mail. The notice shall provide that within seven regular business days after the receipt of the notice that the designated violation shall be removed by the property owner or person occupying the property.
   (B)   (1)   All notices are to be in writing and all filings are to be with the City Clerk/Treasurer.
      (2)   Mailing to the City Clerk/Treasurer or others is deemed filed on the date of posting to the United States Postal Service.
§ 94.41 APPEALS.
   (A)   The property owner may appeal by filing written notice of objections with the City Council within 48 hours of the notice, excluding weekends and holidays, if the property owner contests the finding of the City Council. It is the property owner’s responsibility to demonstrate that the matter in question is shrubs, trees, cultivated plants or crops or is not otherwise in violation of this subchapter, and should not be subject to destruction under the subchapter.
   (B)   An appeal by the property owner shall be brought before the City Council and shall be decided by a majority vote of the Council members in attendance and being at a regularly scheduled or special meeting of the City Council.
§ 94.42 ABATEMENT BY CITY.
   In the event that the property owner shall fail to comply with the “Destruction Order” within 7 regular business days and has not filed a notice within 48 hours to the City Clerk/Treasurer of an intent to appeal, the City Council may employ the services of city employees or outside contractors and remove the weeds to conform to this subchapter by all lawful means.
§ 94.43 LIABILITY.
   (A)   The property owner is liable for all costs of removal, cutting, or destruction of weeds as defined by this subchapter.
   (B)   The property owner is responsible for all collection costs associated with weed destruction, including but not limited to court costs, attorney’s fees, and interest on any unpaid amounts incurred by the city. If the city uses municipal employees, it shall set and assign an appropriate per hour rate for employees, equipment, supplies, and chemicals which may be used.
   (C)   All sums payable by the property owner are to be paid to the City Clerk/Treasurer and to be deposited in a general fund as compensation for expenses and costs incurred by the city.
   (D)   All sums payable by the property owner may be collected as a special assessment as provided by M.S. § 429.101, as it may be amended from time to time.