(A) Any person or entity constructing, altering, repairing, remodeling or adding to any structure, including single-family, multiple-family dwellings or other structures located within the city limits and areas subject to the provisions of this Code, including an attached or detached garage or accessory structure, shall complete all work with respect to the same within 180 days after the date required for completion of the work as authorized by the terms of the original building permit.
(1) Completion of work includes completing the structure and all interior and exterior finishes, including, but not limited to, siding, windows, roofing, driveways, retaining walls, decks, patios, interior finishes, to include plumbing, wiring and all related matters.
(2) The City Building Official may extend the time for completion upon written request by the permitee establishing that circumstances beyond the control of the permitee prevented the completion of the work for which the building permit was initially authorized.
(3) In the event a building permit has initially been issued and expires or is revoked and the structure remains in the same condition for a period beyond 90 days after the expiration or revocation of the permit and the failure to obtain an extension, then in the event a complaint is filed, the structure may be declared by the City Building Inspector to be a public nuisance and in addition to any and all other remedies as may be provided by law, the structure may then be ordered removed or other actions taken.
(B) The continued violation of this provision shall constitute a separate offense for each and every day that the violation shall continue. In addition to other remedies as may be provided by this Code and the State Building Code for violation, the city shall not be precluded from other criminal, civil or injunctive relief, to include enforcement of each and every day that a violation continues as a misdemeanor pursuant to the terms of
this Code.
(C) Procedure for undertaking an action under § 150.09(A). This division is intended to have a retroactive effect because it is only intended to give clarification to city ordinances currently in effect.
(1) In the event a written, verbal, or electronically communicated complaint is filed with the city, the city may:
(a) Issue a City Council resolution authorizing the Building Inspector to complete an inspection of the property in question;
(b) The building inspector shall inspect the property;
(c) If an inspection request is denied by the owner three times, this shall constitute good cause to issue an order to declare a nuisance property;
(2) Following an inspection, the Building Inspector shall mail a letter via the U.S. Postal Service with his or her findings within 30 days of the inspection;
(3) If the Building Inspector finds that the property in question needs work to be completed, the letter shall indicate that the owner has 30 days to apply for a building permit and submit a timetable for completion of the property;
(4) Once the 30 days has passed, the Building Inspector may declare the property a public nuisance and recommend its removal in a letter to the owner and the City Council;
(5) Upon receipt of the recommendation of the Building Inspector to declare the building a public nuisance, the City Council shall hold a public hearing and vote to either declare the property a public nuisance or allow more time for the owner to finish or complete the project;
(6) The property owner shall receive written notice of the hearing in § 150.09(C)(5) and shall be afforded the opportunity to be heard. If the City Council declares the property a public nuisance by passing a resolution, then, in addition to any and all other remedies as may be provided by law, the structure may then be ordered removed or other actions taken;
(7) Once the City Council has passed a resolution to declare the property a public nuisance, the City Attorney’s Office shall file with the District Court an order to remove the public nuisance building, giving personal notice to the property owner of the petition pursuant to Minnesota Rules of Civil Procedure.
(Ord. 155, passed 5-3-2010; Ord. 188, passed 6-18-2018)