A. Emergency abatement: Whenever the City is made aware of the existence of a public nuisance, the City will cause to be inspected the property on which it is alleged that such a public nuisance exists. Should the enforcement officer determine that a public nuisance exists and that the public health, safety or welfare may be in immediate danger, then emergency abatement procedures will be implemented, and the City may cause the nuisance to be removed or abated. When emergency abatement is authorized, notice to the owner, agent or occupant of the property is not required. Following emergency abatement, the City will post a notice on the property describing the action taken to abate the nuisance.
B. Abatement; notice:
1. General Rule: If, after inspecting the property, the enforcement officer declares the existence of a public nuisance, but the nature of the nuisance is not such as to require emergency abatement of the nuisance, then regular abatement procedures will be followed.
2. Notice:
a. In cases where emergency abatement of a public nuisance is not required, the enforcement officer will serve a notice on the owner or responsible party, by regular mail, or by personal service, ordering the owner or responsible party to remove the public nuisance. The notice will contain the following information:
(1) Description of the property upon which the nuisance is situated;
(2) The nature of the nuisance to be abated;
(3) State that in the event the owner or responsible party does not comply with the notice, the necessary work may be performed by the City;
(4) State that if the owner or responsible party does not pay for the expense, the cost of the work will be assessed against the property; and
(5) A compliance deadline. The notice will require that the public nuisance must be removed within forty-eight (48) hours after the date of receipt of the notice unless another compliance deadline is stated.
b. If the owner of the property or responsible party cannot be found, the notice will be posted on the property for a period of forty-eight (48) hours, after which period, the City may perform any necessary work. Notice by regular mail and notice by posting may be done simultaneously.
C. Disclosure of Responsible Party:
1. Upon the request of the enforcement officer, an owner or responsible party shall disclose the name of any other owner or responsible party known. This shall include the person for whom they are acting, from whom they are leasing the property, to whom they are leasing the property, or with whom they have any conveyancing contract.
2. An owner or responsible party shall, upon the request of the enforcement officer, provide the officer with access to all interior portions of any occupied or unoccupied building in order to permit the officer to make a complete inspection.
D. Authority to Abate:
1. The enforcement officer is authorized to enter in or upon any property or structure for the purpose of enforcing and ensuring compliance with the provisions of this Section.
2. If the public nuisance has not been removed or resolved by the compliance deadline, the City has the authority to enter upon the property and abate the public nuisance. In abating the nuisance, the City may go to whatever extent necessary to complete the abatement of the public nuisance, including obtaining a court order. The City may call upon any of the City departments or divisions for whatever assistance is deemed necessary or may by private contract cause the abatement of the public nuisance. If any material derived from the abatement is salvageable, and no notice of appeal is received by the City pursuant to subsection G below, the City may sell or dispose of the property pursuant to the Disposition of Unclaimed Property City Code Section 1-6-1.
E. Abatement Invoice: If the City performs the work pursuant to subsection D.2 above, the City will maintain a record showing the cost of the work attributable to each separate lot and parcel, including administrative costs. Abatement costs shall include, but are not limited to, the cost of the abatement, the cost of investigation, such as title searches, inspection and testing, the cost of notification, filing costs, City staff time, legal fees, and an overhead charge of up to twenty-five percent (25%) for administrative costs. The invoice shall be due and payable within thirty (30) days of the date of the invoice.
F. Assessment of Unpaid Invoices: Failure to pay an invoice for a public nuisance violation may result in the costs being assessed against the property pursuant to Minnesota Statutes, Chapter 429.
G. Appeals. An owner or responsible party may appeal by following the procedures set forth in City Code Section 1-3-4. Any personal property of value or salvageable property coming into possession of the City during the course of the abatement pursuant to subsection D.2 above will be stored by the City pending the outcome of the appeal.