It shall be the duty of the City Manager or the Manager’s designee to determine and declare the existence of a public nuisance pursuant to city code § 12.03, M.S. §§ 609.74-.745 or M.S. §§ 617.80 et seq., or a public health nuisance pursuant to M.S. § 145A.01 et seq. or a
pursuant to M.S. § 152.0275, all as amended from time to time.
However, for purposes of inspecting and securing the site, removing and collecting evidence or removing immediate hazards, any
may determine that a structure,
or portion of a
constitutes a public nuisance or a public health nuisance, including, but not limited to, the determination that the site constitutes a
. The City Manager or the Manager’s designee may at any time modify conditions of the declaration or dismiss the declaration of a public nuisance or a public health nuisance. Where deemed necessary by the city in furtherance of the public health and safety, a warning sign shall be posted on the entrance to the structure or
containing information sufficient to alert visitors or returning occupants to the site that it may be dangerous to enter and that entry is prohibited unless authorized by the city. No person, except as authorized by the city, shall remove a warning sign posted in accordance with this section of city code. Where a public nuisance or a public health nuisance is found to exist upon
, the City Manager or the Manager’s designee, may cause a declaration of public nuisance or a public health nuisance and
to be served upon the owner of said premises. The city may also provide a copy thereof to any other
. Each declaration and
shall contain the following elements listed in clauses (a) through (g) and be served as set forth in clause (h):
(a)
location by street address, and
identification number or legal
description;
(b) Information identifying the nature of the public nuisance or public health nuisance on the
;
(c) A summary of the owner or other
responsibilities under this Division A of city code;
(d) Specific orders for abatement or remediation of the public nuisance or public health nuisance;
(e) A date for completion of the abatement not less than ten calendar days following the receipt of the
unless a shorter period of time is determined necessary by the city to protect the public health and safety;
(f) Notice that unless the public nuisance or public health nuisance condition is abated or removed in accordance with the terms of the
, the city may, in its discretion have the public nuisance or public health nuisance abated or removed at the expense of the owner pursuant to city code § 12.06 or M.S. § 145A.08, as it may be amended from time to time, or any other applicable provisions of this city code or other law and that the cost thereof will constitute a charge against the
which shall be collected in the manner of a tax; and
(g) Notice of the right of appeal as provided in § 12.05.01 of this city code.
(h) Such notice shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally;
(2) Sent by first-class mail addressed to the person who is listed by the County Auditor as the owner of tax payer record. If the tax payer's address is different than the address where the violation exists, then the notice shall also be mailed to the property address where the violation exists; or
(3) If the notice is returned showing that the letter was not delivered or the property is known to be vacant, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
(4) When declared a public health nuisance or a clandestine lab site, notice shall be served pursuant to M.S. § 145A.04, as it may be amended from time to time.
(1958 Code, § 174.01) (Ord. 168, passed 1-8-1952; Ord. 22, passed 9-1-1953; Ord. 205, passed 9-21-1959; Ord. 261, passed 12-8-1960; Ord. 70-29, passed 7-6-1970; Ord. 94-3, passed 1-24-1994; recodified by Ord. 98-53, passed 11-16-1998; Ord. 2006-13, passed 4-17-2006; Ord. 2013-6, passed 3-18-2013; Ord. 2014-14, passed 10-13-2014; Ord. 2016-24, passed 10-24-2016; Ord. 2019-50, passed 12-16-2019)