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(A) Upon receiving notice of the probable existence of weeds in violation of this chapter, a person designated by the City Council shall make an inspection and prepare a written report to the City Council regarding the condition. The City Council, upon concluding that there is a probable belief that this chapter has been violated, shall forward written notification in the form of a destruction order to the property owner or the person occupying the property as that information is contained within the records of the City Clerk or any other city agency. The notice shall be served in writing by certified mail. The notice shall provide that within seven regular business days after the receipt of the notice that the designated violation shall be removed by the property owner or person occupying the property.
(B) (1) All notices are to be in writing and all filings are to be with the City Clerk.
(2) Certified mailing to the City Clerk or others is deemed filed on the date of posting to the U.S. postal service.
(Ord. 2005-4, passed 9-26-2005)
(A) (1) The property owner may appeal by filing written notice of objections with the City Council within 48 hours of the notice, excluding weekends and holidays, if the property owner contests the finding of the City Council.
(2) It is the property owner’s responsibility to demonstrate that the matter in question is shrubs, trees, cultivated plants or crops or is not otherwise in violation of this chapter, and should not be subject to destruction under the chapter.
(B) An appeal by the property owner shall be brought before the City Council and shall be decided by a majority vote of the Council members in attendance and being at a regularly scheduled or special meeting of the City Council.
(Ord. 2005-4, passed 9-26-2005)
In the event that the property owner shall fail to comply with the destruction order within seven regular business days and has not filed a notice within 48 hours to the City Clerk of an intent to appeal, the City Council may employ the services of city employees or outside contractors and remove the weeds to conform to this chapter by all lawful means.
(Ord. 2005-4, passed 9-26-2005)
(A) The property owner is liable for all costs of removal, cutting or destruction of weeds as defined by the weed regulations.
(B) The property owner is responsible for all collection costs associated with weed destruction, including but not limited to court costs, attorney’s fees and interest on any unpaid amounts incurred by the city. If the city uses municipal employees, it shall set and assign an appropriate per hour rate for employees, equipment, supplies and chemicals that may be used.
(C) All sums payable by the property owner are to be paid to the City Clerk and to be deposited in a general fund as compensation for expenses and costs incurred by the city.
(D) All sums payable by the property owner may be collected as a special assessment as provided by M.S. § 429.101, as it may be amended from time to time.
(Ord. 2005-4, passed 9-26-2005) Penalty § 10.99