(A) Generally. Notwithstanding any other provision of this chapter regarding enforcement and in conjunction therewith, any violation of this chapter may be enforced by the City Administrator or designee sending a notice of violation in an attempt to have the violation voluntarily abated. If the violation continues, the matter shall be presented to the City Attorney. The City Attorney is authorized to seek compliance by injunctive action or other appropriate civil remedy.
(B) Enforcement procedure.
(1) Procedure.
(a) Whenever the City Administrator or other designated official determines that a public nuisance is being maintained or exists on the premises in the city, the official shall notify in writing the owner of record or occupant of the premises of such fact and order that the nuisance be terminated or abated. If the premises is not occupied, the owner of record is unknown, or if the owner of record or occupant refuses to accept notice, notice of the violation shall be served by posting it on the premises. The notice shall state:
1. The property location of the public nuisance;
2. The nature of the public nuisance, with reference to the appropriate chapter provision;
3. The steps to be taken to abate the nuisance and a reasonable amount of time within which the nuisance is to be abated;
4. If the owner, occupant or other responsible party does not comply with the notice within the time specified, the city may provide for abating the nuisance;
5. The owner, occupant or other responsible party has the right to appeal the designation as a public nuisance by submitting a writing to the City Clerk before the date by which abatement must be completed or within seven calendar days after service of the notice, whichever comes first; and
6. The city may assess its costs against the property in accordance with this section.
(b) Without affecting any other penalty provision in this section, if the notice of violation is not complied with within the time specified or no written notice requesting a hearing is timely received, the City Administrator or other designated official may initiate an immediate abatement of the violation. If written notice for a hearing is timely received, there shall be a hearing before the City Council. A notice of the hearing must state the date, time and location of the City Council hearing, must be served in the same manner as the abatement notice and must be given at least ten days before the hearing. After holding the hearing, the City Council may issue an order requiring abatement of the nuisance.
(c) The owner of record or occupant of the property responsible for the nuisance may request an extension to the abatement deadline by submitting written explanation of how the nuisance will be abated. Staff may grant an extension to the abatement deadline if sufficient reasons were submitted.
(2) Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the procedure and notice requirements as set forth in division (B)(1) above will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the peace officer or other designated official shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement will unreasonably endanger public health, safety or welfare. The officer or designated official shall notify in writing the occupant or owner of the premises of the nature of the nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (D)(1) above and may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance.
(3) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety.
(4) Judicial remedy. Nothing in this section shall prevent the city from seeking a judicial remedy when no other adequate administrative remedy exists.
(C) Recovery of costs.
(1) Personal liability. The owner of the premises on 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 for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other city official shall prepare a bill for the cost and mail it to the owner. Thereupon, the amount shall be immediately due and payable at the office of the City Clerk.
(2) Assessment. After notice and hearing as provided in M.S. § 429.061, as it may be amended from time to time, if the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets or unsound or insect-infected trees, the City Clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. § 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against the property under that statute and any other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case.
(Ord. 2009-13, passed 7-14-2009; Ord. 2015-02, passed 2-25-2015)