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Upon the request of the enforcement officer, a responsible party or owner shall disclose the name of any other responsible party or owner known to them. This shall include, but not be limited to, the person for whom they are acting, from whom they are leasing the property, to whom they are leasing the property, with whom they share joint ownership, or with whom they have any contact pertaining to the property.
Penalty, see § 94.999
(A)
The enforcement officer shall be authorized to enter any property or structure in the city for the purpose of enforcing and assuring compliance with the provisions of this subchapter. An owner or responsible party shall, upon the request of the enforcement officer, provide access to all interior portions of a building in order to permit the officer to make a complete inspection.
(B) Failure to allow the enforcement officer full access to the property and structure is a violation of this subchapter for which the person or persons refusing access may be cited.
(Ord. 21-08, passed 11-8-2021)
Penalty, see § 94.999
When service of an order or notice is required, any one or more of the following methods of service shall be adequate:
(A) By personal service;
(B) By certified mail, through the U.S. Postal Service;
(C) By U.S. Mail, unless it is a written order which gives three days or less for the completion of any act it requires;
(D) If the appropriate party or address cannot be determined after reasonable effort, by posting a copy of the order in a conspicuous place on the property; or
(E) If a mailed order or notice is returned by the U.S. Postal Service, a good faith effort shall be made to determine the correct address, unless the order or notice orders abatement and that abatement has been completed.
Unless the nuisance is as described in § 94.079, the city may abate Class I nuisances by the procedure described below:
(A) Order. The enforcement officer shall serve a written order upon the owner. The written order shall also be served upon any responsible party known to the officer and may be served upon any party known to have caused the nuisance. The written order shall contain the following:
(1) A description of the property sufficient for identification;
(2) A description and location of the nuisance and the remedial action required to abate the nuisance;
(3) A statement that the nuisance is to be abated within seven days of the date of the order;
(4) A statement that the order may be appealed and a hearing before the City Administrator or designee may be obtained by filing a written request with the city before the appeal deadline which shall be the abatement deadline designated in the order or seven calendar days after the date of the order, whichever comes first; and
(5) A statement that, if remedial action is not taken nor a request for a hearing filed with the city within the time specified, the city will abate the nuisance and charge all costs incurred therein against the owner of the property and if cost is unpaid by the owner or responsible party the costs will be charged against the property as a special assessment to be collected in the same manner as property taxes.
(B) Setting hearing date. In the event that an appeal is filed, a notice shall be mailed to the owner and known responsible parties, stating the date, time, place, and subject of the hearing.
(C) Notice of hearing date. In the event that an appeal is filed, a notice shall be mailed to the owner and known responsible parties, stating the date, time, place and subject of the hearing.
(D) Designated hearing officer. The City Administrator or designated hearing officer shall convene a hearing at which time the property owner shall have an opportunity to present evidence and testimony to support the appeal of the abatement order. The hearing officer may receive evidence and testimony from the enforcement officer and other parties who wish to be heard. Upon receiving the evidence and testimony, the hearing officer shall make a written recommendation to the City Council which may confirm, modify, revoke, alter, or cancel the order of the enforcement officer. If the City Council determination requires abatement, the City Council shall, in the resolution, fix a time within which the nuisance must be abated and shall provide that, if the nuisance is not eliminated within the time specified, the city may abate the nuisance and assess the costs of the abatement to the property.
(E) Abatement. If the remedial action is not taken nor an appeal filed within the time specified, the city may abate the nuisance.
(F) Assessment. The city may assess charges against a property as a special assessment, pursuant to the provisions of M.S. Chapter 429, as it may be amended from time to time, for certification to the County Auditor and collection together with current taxes payable in the following year.
(Ord. 21-08, passed 11-8-2021; Ord. 22-07, passed 9-26-2022)
When the enforcement officer determines that a nuisance exists which constitutes an immediate danger or hazard which if not immediately abated will endanger the health and safety of the public, and there does not exist sufficient time to follow the procedures of § 94.078, the city may abate the nuisance by the procedure described below:
(A) Order. The city shall order emergency abatement by an administrative order to be signed by an enforcement officer.
(B) Notice of abatement.
(1) Following an emergency abatement, a notice shall be mailed to the owner of the property and other responsible parties connected with the property that are known to the city. The notice shall contain:
(a) A description of the nuisance;
(b) The action taken by the city;
(c) The reasons for immediate action;
(d) The costs incurred in abating the nuisance; and
(e) The date, time, and place of a hearing.
(2) Prior to the hearing, the department director who ordered the abatement shall provide the owner with an opportunity to meet and informally discuss the matter. The department director may make a recommendation to the Council based on the information obtained at such a meeting.
(C) Hearing. If the matter is not resolved at the informal meeting, the City Administrator or a designated hearing officer shall hear from the enforcement officer and any other parties who wish to be heard. After the hearing, the hearing officer shall make a recommendation to the City Council regarding payment of the costs of abatement. The City Council may adopt a resolution levying an assessment for all or a portion of the costs incurred by the city in abating the nuisance payable in a single payment or by equal annual installments as the City Council may provide.
(Ord. 21-08, passed 11-8-2021; Ord. 22-07, passed 9-26-2022)
Any person violating any provision of this chapter may be charged with a misdemeanor and be subject to the penalty provisions of § 10.99 or, alternatively, may be issued an administrative citation and be subject to the civil penalty provisions of § 35.01. Any criminal or civil penalty imposed pursuant to this section may be imposed in addition to any costs incurred by the city for abatement.
(Ord. 96-8, passed - -1996; Ord. 96-9, passed - -1996; Ord. 10-04, passed 6-28-2010; Ord. 21-08, passed 11-8-2021; Ord. 22-07, passed 9-26-2022)