(A) Contents Of Notice: In the event the council finds that graffiti exists, the city attorney shall mail a written order to the owner of the subject real property, addressed to the owner's last known address. The written order shall:
1. Contain a description of the real estate sufficient for identification.
2. Inform the owner that the council has found graffiti exists on the owner's property.
3. Request that the owner remove or obliterate the graffiti within a reasonable time as determined by the council.
4. Inform the owner that a motion for summary enforcement of the order will be made to the district court for Dakota County unless corrective action is taken within the time allotted, or unless an answer is filed within twenty (20) days from the date of service of the order. An answer to the order must be served in the manner of an answer in a civil action and must specifically deny such facts in the order as are in dispute.
(B) Service Of The Order: The written order shall be served upon the owner of record or the owner's agent if an agent is in charge of the building or property, and upon the occupying tenant, if there is one, and upon all lienholders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon the owner by posting it at the main entrance to the building or upon the structure, and by four (4) weeks' published notice in the official newspaper of the city or any legal newspaper in the county.
(C) Filing Of Order: A copy of the order with proof of service shall be filed with the court administrator of the district court for Dakota County not less than five (5) days prior to the filing of a motion for enforcement of the order.
(D) Default: If no answer is served, the city may move the court for the enforcement of the order. If such motion is made the court may, upon the presentation of such evidence as it may require, affirm or modify the order and enter judgment accordingly, fixing a time after which the city may proceed with the enforcement of the order and specifically authorizing the city to enter the property to remove or abate the graffiti.
(E) Contested Cases: If an answer is filed and served, further proceedings in the action shall be governed by the rules of civil procedure for the district courts. If the order is sustained following the trial, the court shall enter judgment and shall fix a time after which the graffiti must be removed in compliance with the original order as filed or modified by the court. If the order is not sustained, it shall be annulled and set aside. The court administrator shall cause a copy of the judgment to be mailed forthwith to persons upon whom the original order was served.
(F) Enforcement Of Judgment: If the owner of record fails to comply with the judgment by failing to remove the graffiti within the time prescribed, the city may enter the property and remove the graffiti as set forth in the judgment. (Ord. 015-698, 6-15-2015)