(A) Notice; written notice of violation. In all cases of nuisances described in this chapter, the City Administrator, or his or her designee, shall cause a written notice to be served upon the person or entity that maintains, operates or permits a nuisance. The notice shall be substantially as follows:
NOTICE TO ABATE NUISANCE
The City of Fergus Falls to .You are hereby notified that the nuisance maintained, operated or permitted to exist by you located at , and consisting of must be abated by the (removal) (destruction) (discontinuance) of the same and that if you do not comply with this notice, you are directed to appear before the undersigned at the Department of on , 20 , at o’clock a.m./p.m. to show cause why the same should not be abated. If you fail to appear, the undersigned will take the necessary steps to abate such nuisance. The costs of abatement incurred by the city shall be assessed against you, and a lien may be imposed on the property to secure the payment.
Date this day of , 20 .
(Title of Signer)
A copy of the foregoing notice was served on on the day of , 20 ,by (describe manner of service).
(Name of Server)
(1) Notice of violation. Written notice of violation shall be served by the officer charged with enforcement on the owner of record or occupant of the premises either in person or by mail to the last known address of the owner or occupant. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises.
(2) Notice of hearing. At the same time and place specified in the notice, the City Administrator, or his or her designee, shall hear the matter. The person or entity so complained of shall have the right to appear in person or by counsel. At the conclusion of the hearing, the City Administrator, or his or her designee, may vacate the notice or may declare the condition to be a nuisance and order it abated summarily.
(3) Notice of city order. Except for those cases determined by the city to require summary enforcement, written notice of any City Council order shall be made as provided in M.S. § 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. In all cases where the City Administrator, or designee, shall have determined, after hearing or notice of hearing and default, that any nuisance shall be abated, he or she shall issue an order requiring the abatement of the nuisance within a time named in the order, and shall serve the order of abatement upon the person or entity who maintains, operates or permits the nuisance. In the event the nuisance is not abated by the party within the time provided in the order, the City Administrator, or his or her designee, shall cause the nuisance to be abated.
(4) Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as provided for in M.S. § 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time.
(5) Grievance. Any person aggrieved by an order of abatement may appeal the order to the City Council. An appeal shall be taken within ten days from the date of the order of abatement by filing with the City Administrator and the City Administrator a notice of appeal which shall specify the grounds of appeal. The matter shall be placed on the City Council's next regularly-scheduled meeting for a public hearing. An appeal stays all proceedings in furtherance of the action appealed from. The City Council may reverse or affirm, in whole or in part, or may modify the order of abatement and may issue and order, requirement, decision or determination as is consistent with city ordinances.
(6) Failure to abate by owner. Any person or entity who fails to remove and abate any nuisance after proper notice, the opportunity to be heard and final order shall be liable to the city for all expenses incurred in the removal and abatement of the nuisance. The city shall have the right to recover all such costs and a lien may be imposed upon the property to secure payment of the costs. The procedure for establishing the lien shall be in accordance with M.S. § 429.101, as it may be amended from time to time.
(B) Procedure.
(1) Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner of record 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. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Administrator or designee. Thereafter, the City Administrator or designee may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified 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 Administrator or designee, the city may seek injunctive relief by serving a copy of the City Administrator order and notice of motion for summary enforcement.
(2) Whoever has been given one notice to abate a nuisance and, subsequently, within a 12-month period from the date of the first notice commits a second violation of this subchapter at the same location, the City Engineer, Street Superintendent, Police Department or other designated person may elect to commence an administrative violation procedure or criminal violation procedure immediately and without providing the violator an opportunity to correct the violation. However, the City Engineer, Street Superintendent, Police Department or other designated person may not abate the violation without complying with the provisions consistent with this division (B).
(C) Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in division (B) 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 officer charged with enforcement shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The enforcement officer shall notify in writing the occupant or owner of the premises of the nature of the nuisance and of the city's intention to seek summary enforcement and the time and place of the City Council meeting to consider the question of summary enforcement. The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) 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.
(D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety.
(E) Unlawful parties or gatherings. When law enforcement determines that a gathering is creating such a noise disturbance as prohibited under § 90.23(D), the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered to do so by law enforcement. 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.
(F) Judicial remedy. Nothing in this section shall prevent the city from seeking a judicial remedy when no other adequate administrative remedy exists.
(2002 Code, § 6.22) (Ord. 88, Fifth Series, effective 8-30-2002; Ord. 33, Sixth Series, effective 11-15-2004; Ord. 100, Sixth Series, effective 3-25-2009; Ord. 49, Seventh Series, effective 11-8-2016; Ord. 97, Seventh Series, passed 3-16-2020; Ord. 13, Eighth Series, effective - -2021)