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)