(A) General nuisance determination and notice.
(1) Whenever a law enforcement officer or designated City staff determines that a public nuisance is being maintained or exists on the premises in the City, the officer or designated staff person shall notify in writing the owner of record, any lessee, or occupant of the premises of the fact and order that the nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. The notice shall contain the following:
(a) A description of the real estate sufficient for identification;
(b) A description and location of the nuisance and the remedial action required to abate the nuisance;
(c) The abatement deadline to be determined by the enforcement officer to protect the health, safety, and welfare of the public;
(d) A statement that the notice may be appealed to the City Council by filing a written request with the City Administrator before the abatement deadline designated in the order and within five business days of service of the notice; and
(e) A statement that if the remedial action is not taken nor a request for a hearing filed with the City Administrator within the time specified, the City may abate the nuisance and charge all costs incurred therein against the real estate as a special assessment to be collected in the same manner as property taxes under M.S. § 429.101, as it may be amended from time to time, where applicable, or seek injunctive relief.
(2) Service of notice. Unless otherwise required, any one or more of the following methods of service shall be adequate:
(a) By personal delivery;
(b) By mail, unless it is a written order which gives three days or less for the completion of any act. If a mailed notice is returned by the United States Postal Service, a good faith effort shall be made to determine the correct address, unless the notice orders abatement and that abatement has been completed; or
(c) If the appropriate party or post office address cannot be determined after reasonable effort, by posting a copy of the order in a conspicuous place on the property for 72 hours.
(3) Appeal process.
(a) Setting a hearing date. In the event that an appeal is filed with the City Administrator to appeal a notice of violation under this chapter or to appeal a resolution under division (B)(1)(b) of this section, the City Council shall schedule the matter for a hearing at the next scheduled City Council meeting.
(b) Notice. The City Administrator or their designee shall provide at least 72 hours’ prior written notice of the date, time, place, and subject of the hearing. Notice must be served as detailed in division (A)(2) above.
(c) Hearing.
1. At the time of the hearing, the City Council shall hear from the designated City staff, the City Attorney, and any other parties who wish to be heard. After the hearing, the City Council may confirm, reverse, or modify the order of the Enforcement Officer.
2. After the hearing, the Council may, in the form of a resolution, declare there exists a public nuisance and shall in the resolution, fix a time within which the nuisance shall be abated and shall provide that if corrective action is not taken within the time specified, the City may abate the nuisance. The City Administrator or their designee shall serve a copy of this resolution as detailed in division (A)(2) above.
(B) General abatement procedures. Unless the nuisance is subject to special procedures described in state law or elsewhere in this code, in which case those procedures shall be followed, the City may abate a nuisance by any of the procedures described below, at the discretion of City staff.
(1) City Council action.
(a) City Council consideration. Without affecting any other penalty provision in this chapter, the City Council may, in conjunction with such penalty or in the alternative in the form a resolution, declare that there exists upon privately owned lands or premises a public nuisance.
(b) Resolution. The City Council may determine, by resolution, that the condition identification in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the City may cause the removal or abatement of such nuisance.
(c) Notice of resolution. The City Administrator or their designee shall serve a copy of this resolution as detailed in division (A)(2) above. The notice shall designate the time that the Council considers reasonable for the abatement or removal of such nuisance and the right to a hearing before the City Council made within five days of the notice of abatement and that, if no hearing is demanded, any right to a hearing is waived.
(d) Abatement by owner, agent, or occupants. In instances where the Council declares by resolution that there is a public nuisance and proceeds as provided herein, the owner, agent, or occupants of the premises, after such notice, shall remove and abate the nuisance. The cost of such removal or abatement shall be paid by the owner, agent, or occupants.
(2) Civil action. In conjunction with City Council action, or in lieu thereof, the City may seek injunctive relief to terminate, restrain, or abate a public nuisance and to prohibit a violation of this chapter by temporary or permanent injunctive relief. If the court issues an abatement order requiring owner abatement or City abatement, then the City may dispense with the notice and hearing requirements of this section.
(C) Emergency procedure; summary enforcement. When the Enforcement Officer or an authorized representative determines that a nuisance exists on a property and the nuisance constitutes an immediate danger or hazard which if not immediately abated shall endanger the health or safety of the public and there shall not exist sufficient time to follow the procedures in this section, the City may abate the nuisance by the procedure described below:
(1) Order by Mayor. The City shall order emergency abatement by an administrative order to be signed by the Mayor. A good faith effort shall be made to inform the owner that the action is being taken.
(2) Notice of the abatement. Following an emergency abatement, as soon as the costs incurred are known, the Enforcement Officer shall serve written notice upon the owner. 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 a statement that these costs may be charged as a special assessment against the property and collected in the same manner as property taxes; and
(e) A statement that the owner may obtain a hearing before the City Council to review the actions taken by the City by filing a written request with the City Administrator within ten working days of the date of the notice.
(3) Setting hearing date. In the event that the owner files a request for a review of the action with the City Administrator, the City Council shall as soon as possible fix a date for a hearing.
(4) Notice. The City Administrator shall notify the owner of the date, time, place, and subject of the hearing by one of the service of notice methods listed in division (A)(2) of this section.
(5) Hearing. At the time of the hearing, the City Council shall hear from the Enforcement Officer, any authorized representative(s), and any other parties who wish to be heard. After the hearing, 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 as outlined in § 92.23(B).
(D) Hazardous or substandard buildings. When a building or a property constitutes a fire hazard or a hazard to public safety or health the City may pursue removal of the hazard under M.S. §§ 463.15 – 463.261 as it may be amended from time to time.
(F) Unlawful parties or gatherings. When law enforcement determines that a gathering is creating such noise disturbance as prohibited under § 92.18(F) or (G), the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped.
(G) This chapter is supplementary and shall not deprive the City of any of its powers with respect to nuisances and abatement thereof, whether derived from common law, statute, or ordinance. The City, in its discretion, may proceed as provided under this section or provided any other applicable law or ordinance. In addition, a violation of this chapter shall constitute a misdemeanor. All subsequent offenses shall constitute a separate violation of this chapter.
(Prior Code, § 902.20) (Ord. 2020-01, passed 1-6-2020; Ord. 2020-02, passed 4-13-2020; Ord. 2021-07, passed 6-28-2021)
Penalty, see § 10.99