(A) It shall be the duty of the City Council to enforce the provisions of this chapter and the City Council may, by resolution, delegate to other officers or agencies power to enforce particular provisions of this section, including the power to inspect private premises, and the officers charged with the enforcement of this chapter shall take all reasonable precautions to prevent the commission and maintenance of public nuisance.
(B) The City Administrator or designee is authorized to enter upon any property if necessary to determine whether the provisions of this code or any applicable state statute has been violated to make any examinations or surveys or to conduct any tests that may be reasonably necessary in the performance of their duties. All inspection and testing must be done in a reasonable manner.
(1) Abatement. Whenever, in the judgment of the officer charged with enforcement, it is determined upon investigation that a public nuisance is being maintained or exists within the city, such officer shall notify in writing the person committing and maintaining such a public nuisance and require him or her to terminate and abate said nuisance and remove such conditions or remedy such defects. Notice to the owner shall be satisfied by notice to the person listed as the taxpayer on the county’s tax records if the premises are not occupied, the address of the owner is unknown and no other responsible person can be reasonably identified, notice may be served on the property by posting a copy of the notice on the premises. The notice shall require the owner or occupant of such premises, or both, to take reasonable steps within a reasonable amount of time as designated in said notice, but the maximum time of the removal of said violation after service of said notice shall not in any event exceed 30 days. If the owner, occupant or other responsible party does not comply with the notice within the time specified, the City Council may, after notice to the owner and occupant or other responsible party and the opportunity to be heard has been provided to the owner, occupant or other responsible party and the nuisance has not been abated, the nuisance may be abated by the city. The notice shall be served in the same manner as the notice by the enforcing officer and shall be given at least 10 days before the date stated within the notice when the City Council will consider the matter. If notice is given by posting, at least 30 days shall elapse between the day of posting and the hearing date.
(2) Summary abatement. The enforcing officer may provide for abating a public nuisance without following the procedure required above when:
(a) There is an immediate threat to the public health or safety;
(b) There is an immediate threat of serious property damage;
(c) A public nuisance has been caused by private parties on public property or if the enforcing officer abated the nuisance pursuant to this section, the officer must reasonably attempt to notify the owner, occupant or other responsible party of the intended action and the right to appeal the abatement and any cost at the next regularly scheduled City Council meeting.
(3) Cost recovery. The owner of property in which a nuisance has been abated by the city or a person who has caused a public nuisance on property not owned by that person shall be personally liable to the city for the cost of abatement, including administrative costs. As soon as the work has been completed and the cost determined, the Clerk-Treasurer or the designee shall prepare a bill for the cost and mail it to the owner or other responsible party. Thereupon, the amount shall be immediately due and payable at the office of the Clerk-Treasurer.
(4) Assessment. If the cost or any portion of it has not been paid under subsection (3), within 30 days after the date of the bill, the unpaid cost may be certified against the property to which the cost is attributable. Before certification against the property, reasonable notice of the impending certification and an opportunity to be heard by the City Council must be given to the taxpayer of record. Failure of the taxpayer to receive the notice shall not invalidate the certification, however. Thereafter, the unpaid cost may be certified to the County Auditor for collection along with current taxes on the following year or in such annual installments, not exceeding ten, as the City Council may determine in each case.
(5) Other remedies. The city is also authorized to use any remedy provided by Minnesota Statute, including but not limited to M.S. §§ 463.16 through 463.152, as amended from time to time, regarding the right to correct or remove hazardous buildings.
(6) Penalty. Any person in violation of any of the provisions in this chapter shall be guilty of a misdemeanor. Each day on which such violation continues shall constitute a separate offense.
(Ord. 561, passed 10-14-99)