(A) Declaration of policy. The City Council has determined that the health, safety, good order, general welfare, and convenience of the public are threatened by certain public nuisances on property within the city limits. It is declared to be the intention of the Council to abate these nuisances, and this section is enacted for that purpose.
(B) Application. This section shall apply to the abatement of all public nuisances, junk, and blight as defined anywhere within this chapter, unless another procedure is specifically provided.
(C) Periodic inspection and investigation. The Code Official, Building Official, Police Department personnel, or any other duly authorized representative with all due just cause, shall cause to be inspected all public and private places in the city within plain view which might contain a public nuisance as defined in this chapter as often as practicable to determine whether any such conditions exist. The Code Official, Building Official, Police Department personnel, or any duly authorized representative shall also investigate all reports of public nuisances located within the city.
(D) Abatement of nuisances. Upon a determination by the Code Official, Building Official, Police Department personnel, or any authorized representative that a public nuisance exists within plain view on any public or private property in the city, the Code Official, Building Official, Police Department personnel, or any authorized representative shall order the public nuisance to be abated in a manner consistent with city code.
(E) Procedure for removal of public nuisances.
(1) Whenever the Code Official, Building Official, Police Department personnel, or any authorized representative finds with reasonable certainty that a public nuisance as identified by this chapter exists within plain view on any public or private property in the city, the duly authorized official shall notify the affected property owner by posting notice in a conspicuous location on the property, or by first-class mail addressed to the last known address that the public nuisance must be abated within a reasonable period of time, not more than 14 days from the date of service of the notice. Service by first-class mail shall be deemed complete upon mailing. The order shall state with specificity the nature of the violations and the requirements for compliance. The order shall also state that the property owner may appeal the order, within ten days of the date of the order, and request a hearing pursuant to §§ 10.025 to 10.033, 10.045 to 10.046, and 10.060 to 10.063. The order shall also state that failure to abate the public nuisance or request a hearing within the applicable time periods will result in summary abatement procedures, and that the cost of abatement will be assessed against the subject property. Upon expiration of the time required by the notice, the Code Official, Building Official, Police Department personnel, or any authorized representative may abate the nuisance unless a request for a hearing has been timely filed.
(3) The Code Official, Building Official, Police Department personnel, or any authorized representative shall keep a record of the costs of abatements done under this section and shall report periodically to the City Clerk-Treasurer or other appropriate officer all work done for which assessments are to be made, stating and certifying the description of the land, lots, or parcels involved and the amount assessable to each.
(4) On or before October 1 of each year, the Finance Officer shall list the total unpaid charges for each abatement made under this chapter against each separate lot or parcel to which they are attributable. The City Council may then spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes, for certification to the County Auditor and collection the following year along with current taxes. Such assessment shall be payable in no more than ten equal annual installments, pursuant to M.S. Ch. 429, as it may be amended from time to time.
(Ord. 2015-02, passed 7-13-2015) Penalty, see § 152.99