A. Nuisance Declared: Failure to comply with the regulations set forth herein shall constitute a nuisance and the officer charged with the enforcement shall notify, in writing, both the owner and occupant, if different, of such fact and order the nuisance to be terminated and abated.
B. Required Notification: The officer charged with enforcement shall notify both the owner and occupant, if different, by one of the following: personal service; certified or registered mail; or by posting the property if the premises are not occupied and the owner is unknown.
C. Contents Of Notice: The notice shall specify the measures that are necessary to abate the nuisance and the time to abate said nuisance but not to exceed thirty (30) days.
D. Failure To Comply: If nuisance is not abated in the time specified, the enforcing officer shall report that fact to the City Council.
E. Abatement By City; Hearing: Upon receiving a report of a failure to comply in subsection D of this section, the City Council may, after notice to the owner and/or occupant, schedule a hearing on the matter. Notice of the hearing shall be served on both the owner and occupant, if different, by one of the methods set forth in subsection B of this section. Said notice shall be given at least ten (10) days before the hearing and indicate that the owner and/or occupant shall have an opportunity to be heard. If the notice is by posting the property, at least thirty (30) days shall elapse between the day of the posting and the hearing.
F. Recovery Of Costs: All abatement costs, including administrative, shall be billed to the property owner by regular mail. The amount shall be immediately due and payable to the City.
G. Delinquencies: Billings in default shall be charged a ten percent (10%) surcharge thereon, plus additional late fees shall be assessed every monthly billing period thereafter using the same calculation and an additional fee shall be assessed if the City has to certify the delinquent fee to the County for collection with Real Estate Taxes. In addition, the City reserves the right to delegate the collection of delinquent accounts to collection agencies under contract with the City, bring civil action, or collect by any other remedy available at law.
H. Lien Assessment: Charges levied by and pursuant to this chapter are hereby made a lien upon the lot, land, or premises served, and all such charges which are past due and delinquent, shall be certified to the City Clerk, who shall prepare an assessment roll providing for assessment of the delinquent amount against the respective property served. The assessment roll shall be delivered to the City Council for adoption after due notice is given by mail to the affected property owner. Upon such adoption, the Clerk shall certify the assessment roll to the County auditor for collection along with taxes as authorized under Minnesota Statutes section 18.83 after the City Council holds a public hearing regarding the proposed assessment. To appeal this assessment, the property owner must present a written objection to the assessment at said public hearing and then file a District Court action in Crow Wing County within thirty (30) days of said public hearing. (Ord. 2009-9, 5-19-2009)