(A) If the Board of Health determines that a public health nuisance exists, it shall promptly issue a notice and order requiring the owner, occupant or property agent to abate the public health nuisance as provided in M.S. § 145A.04, subd. 8 and this chapter.
(B) The owner and occupant may be ordered to abate such public health nuisance within ten calendar days of receipt of the notice, unless another time is required due to the Board of Health's further determination that the immediate abatement is necessary to preserve the public health and safety. In such case, the time for abatement shall be specified in the order, and the reasons for a shortened abatement period shall be specified.
(C) The Board of Health may leave a posted warning sign at the public health nuisance site. It shall be unlawful for any person to remove this sign.
(D) (1) The notice and order for abatement must be served on the owner, occupant or property agent, if applicable, in one of the following ways:
(a) By registered or certified mail; or
(b) By an officer authorized to serve a warrant; or
(c) By a person aged 18 years or older who is not reasonably believed to be a party to any action arising from the notice.
(2) If the owner of the property is unknown or absent and has no known representative upon whom notice can be served, the Board of Health shall post a written or printed notice on the property or structure, stating that, unless the threat to the public health is abated or removed within a period of ten days, the Board of Health will have the threat abated or removed at the expense of the owner under M.S. § 145A.08, this chapter, or other applicable state or local law.
(E) The Board of Health shall notify and order the owner and occupant to have the public health nuisance removed or abated as provided in M.S. § 145A.04 and this chapter. The Board of Health shall include the following as part of the notice and order:
(1) Property location by street address, property identification number, or other property description.
(2) Information identifying the nature of the public health nuisance at the property.
(3) A summary of the owner's and occupant's responsibilities under this chapter.
(4) Specific orders for abatement or remediation of the public health nuisance.
(5) A date for completion of the abatement, not to exceed ten days following the receipt of the notice, unless a shorter time is required due to the Board of Health's further determination that the immediate abatement is necessary to protect public health and safety. In such cases, the reason for a shortened abatement period shall be specified.
(6) Information regarding a right of appeal, as provided in § 55.13, and that, unless the threat to public health is abated or removed in accordance with the terms of the notice, the Board of Health will have the public health nuisance abated or removed at the expense of the owner under the provisions of M.S. § 145A.08, this chapter, or other applicable state or local law.
(F) Pursuant to M.S. § 145A.04, subd. 8, if the owner, occupant or property agent fails or neglects to comply with the requirements of the notice and order provided under division (A) of this section, then the Board of Health may abate the public health nuisance. The Board of Health may recover the costs of abatement as provided in § 55.12.
(G) Following the service of a notice of abatement, the Board of Health may send written notice describing the condition of the property and the action required to the following parties:
(1) Child Protection Division in situations of potential child maltreatment or endangerment;
(2) Adult Protection Division in situations of potential vulnerable adult maltreatment or endangerment;
(3) Neighbors in close proximity likely to be affected by the conditions found at the site;
(4) The local city or township;
(5) Local law enforcement;
(6) Other state and local authorities that may have public or environmental protection responsibilities; and/or
(7) Lien and/or mortgage holders.
(H) If after the expiration of the time provided in the notice and order, the Board of Health is unable to obtain reasonable assurance from the owner, occupant or property agent that the public health nuisance is being abated or remediated, the Board of Health may provide a copy of the public health nuisance notice and order to the County Recorder, who shall file that information with the property record.
(I) Where it is determined that a child neglect, child endangerment or vulnerable adult situation may exist as a result of the public health nuisance, the Board of Health shall notify the County Protection Unit for response to the potential child neglect, child endangerment or vulnerable adult situation.
(J) The notice provided by the Board of Health, as referenced in division (I) of this section, shall include sufficient information to inform the County Protection Unit of the following:
(1) Property location by street address and other identifiable location;
(2) Owner's and occupant's identities, including the identities of any children or vulnerable adults found at, or known to be associated with the site;
(3) Conditions found that make this home or residence a public health nuisance; and
(4) Any other conditions that may be associated with the site that could present harmful conditions as determined by state law.
(K) The Board of Health may modify conditions of the notice and order, including timelines.
(Ord. 76-2013, passed 6-18-2013)