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A. Abatement Process:
1. Notice: Whenever, following an inspection, the enforcement officer determines that a public nuisance on property exists or is being maintained on property, the enforcement officer must give written notification to the property owner and occupant or other responsible party of that fact and order that the public nuisance on property be terminated and abated. Notice must be served in person or by certified mail. Failure of the party to receive the certified mail does not invalidate the service of the notice. Notice to the owner will be satisfied by notice to the person listed as the taxpayer on the county's tax records. If the property is not occupied, the owner is unknown, or no other responsible party can reasonably be identified, notice may be served by posting it on the property for a period of at least seventy two (72) hours. The notice must state:
a. The property location of the public nuisance on property;
b. The nature of the public nuisance on property, with reference to the appropriate code provision;
c. The steps to be taken to abate the public nuisance on property and a reasonable amount of time within which the public nuisance on property is to be abated, which shall not be less than seven (7) business days after the date of the notice;
d. That if the owner, occupant, or other responsible party does not comply with the notice within the time specified, the city may provide for abating the public nuisance on property;
e. That the owner, occupant, or other responsible party has the right to appeal the designation as a public nuisance on property by submitting a request in writing to the city clerk before the date by which abatement must be completed or within seven (7) calendar days after service of the notice, whichever comes first; and
f. That the city may assess its costs for abatement of the public nuisance on property against the property in accordance with this section.
2. Authority To Abate: If no timely appeal is submitted and the public nuisance on property is not abated within the deadline given, the enforcement officer may proceed to abate the public nuisance on property. If the owners or responsible parties deny access to the property for abatement of the public nuisance on property, the enforcement officer shall then obtain an administrative search warrant or other judicial order to proceed with enforcement of this chapter. If any material derived from the abatement is salvageable, the city may sell the salvaged material at private or public sale with the proceeds from the sale being used to offset the cost of abatement. Any proceeds in excess of the cost of abatement will be paid over to the owners.
3. Appeal: If a timely appeal is submitted, the matter must be scheduled for a hearing before the city council. A notice of the hearing must state the date, time, and location of the city council hearing, must be served in the same manner as the abatement notice, and must be given at least ten (10) days before the hearing. After holding the hearing, the city council may issue an order requiring abatement of the public nuisance on property. Any enforcement action and any abatement action will be suspended until seven (7) business days after the council's written decision has been sent by first class mail and either personally served upon or sent by certified mail to the appellant, the owners and the responsible parties in apparent control of the property.
4. Cost Of Abatement: If the city performs the work pursuant to this section, the city will maintain a record showing the cost of the work attributable to abatement of the public nuisance on property, including administrative costs. Abatement costs shall include, but are not limited to, the cost of the abatement, the cost of investigation, such as title searches, inspections and testing, the cost of notification, filing costs, attorney fees and administrative costs, including an overhead charge of up to twenty five percent (25%) for administrative costs. As soon as the abatement work has been completed and the cost determined, the city clerk shall prepare and send by first class mail an invoice to the owner and/or responsible party setting forth the amount of expenses and charges for such work, which amount is due and payable to the city within thirty (30) days after the date of invoice. The owner of property on which a public nuisance on property has been abated by the city, or a person who has caused a public nuisance on property not owned by that person, is personally liable to the city for the cost of the abatement, including all interest, attorney fees, administrative costs and other charges. Unpaid charges constitute a lien against the property where the abatement occurred on and after the date they were incurred.
5. Special Assessments Under Minnesota Statutes Section 429.101: If the public nuisance on property is of any of the following types:
a. A public health or safety hazard on property excluding any structure included under the provisions of Minnesota statutes section 463.15 to 463.26;
b. Weeds or tall grass violations under subsection 5-9-4D of this chapter;
c. Any other situations or abatements listed under Minnesota statutes section 429.101 for which special assessments may be levied;
then, in such instances, if the property owner does not abate the public nuisance on property and if the city does abate the public nuisance on property, then the city, following Minnesota statutes section 429.101, may specially assess all the costs of abatement identified in subsection A4 of this section against the property.
6. Special Assessments Under Minnesota Statutes Section 429.031 And 429.061: If the following circumstances exist:
a. The property owner has not abated the public nuisance on property;
b. The city intends to abate the public nuisance on property and to specially assess the property for the cost of abatement;
c. The abatement is not of a type that falls within the scope of subsection A5 of this section;
then, in such instances, the city, prior to commencement of the abatement, shall follow Minnesota statutes section 429.021, subdivision 1(8) and 429.031 to authorize the abatement and after the abatement, the city shall follow Minnesota statutes section 429.061 to levy the special assessment for the abatement.
7. Emergency Procedure; Summary Enforcement: In cases of emergency, where delay in abatement required to complete the procedure and notice requirements as set forth in this subsection A will permit a continuing public nuisance on property to unreasonably endanger public health, safety, or welfare, the city council may order summary enforcement and abate the public nuisance on property. To proceed with summary enforcement, the enforcement officer or other designated official shall first determine that a public nuisance on property exists or is being maintained and that delay in abatement will unreasonably endanger public health, safety, or welfare. The officer or designated official shall then notify in writing the occupant or owner of the property of the nature of the public nuisance on property, whether public health, safety, or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in this subsection A and may order that the public nuisance on property be immediately terminated or abated. If the public nuisance on property is not immediately terminated or abated, the city council may then order summary enforcement and abate the public nuisance on property.
B. Disclosure Of Responsible Party: Upon the request of the enforcement officer, an owner or responsible party shall disclose the name of any other known owner or responsible party. This shall include the person for whom he or she is acting, from whom he or she is leasing the property, to whom he or she is leasing the property, or with whom he or she has any conveyancing contract. (Ord. 1291, 4-13-2015)