(A) It shall be the duty of the City Administrator or the Administrator’s designee to determine and declare the existence of a public nuisance. However, for purposes of inspecting and securing the site, removing and collecting evidence, or removing immediate hazards, any public officer may determine that a structure, property or portion of a property constitutes a public nuisance, including, but not limited to, the determination that the site constitutes a clandestine lab site. The City Administrator or the Administrator’s designee may at any time modify conditions of the declaration or dismiss the declaration of a public nuisance. Where deemed necessary by the city in furtherance of the public health and safety, a warning sign shall be posted on the entrance to the structure or property containing information sufficient to alert visitors or returning occupants to the site that it may be dangerous to enter and that entry is prohibited unless authorized by the city. No person, except as authorized by the city, shall remove a warning sign posted in accordance with this section. Where a public nuisance is found to exist upon private property, the City Administrator, or the Administrator’s designee, may cause a declaration of public nuisance and notice to abate such nuisance to be served personally upon the owner of said premises, and provide a copy thereof to any other interested party. Such notice may be served by mail in all cases where such owner or other interested party is not in the city or cannot be found therein, and if the post office address thereof is known. Such notice may likewise be served by posting, for at least 24 hours, a copy of such notice upon the premises where the nuisance exists, whenever the owner or agent thereof is not known or cannot be found, and the post office address thereof is unknown.
(B) The City Administrator, or the Administrator’s designee, shall, in providing for the service and posting of such notice, designate therein the following:
(1) Property location by street address, and property identification number or legal property description;
(2) Information identifying the nature of the public nuisance on the property;
(3) A summary of the owner or other interested party’s responsibilities under this section;
(4) Specific orders for abatement or remediation of the public nuisance;
(5) A date for completion of the abatement not less than ten business days following the receipt of the notice unless a shorter period of time is determined necessary by the city to protect the public health and safety;
(6) Notice that unless the public nuisance condition is abated or removed in accordance with the terms of the notice of public nuisance, the city may, in its discretion have the nuisance abated or removed at the expense of the owner under the provisions of M.S. § 145A.08, as it may be amended from time to time, this city code or other applicable law and that the cost thereof will constitute a charge against the property which shall be collected in the manner of a tax; and
(7) Notice of the right of appeal as provided in this section.
(2004 Code, § 130.33) (Ord. 09-0521, passed 9-22-2009) Penalty, see § 130.99