If an SSTS constitutes a public health nuisance, the department may enter the property and abate the nuisance and recover the costs of the same from the property owner through the following procedures:
A. Abatement Notice: The department shall serve an abatement notice on the property owner or occupant.
1. Contents Of Abatement Notice: An abatement notice shall include the following:
a. Notice that there is an SSTS located on the property and that it constitutes a public health nuisance.
b. Notice that the property owner must abate the public health nuisance within a specified time period not to exceed ten (10) calendar days in order to avoid any liability for the costs of inspection and abatement that the city may incur.
c. Notice that if the property owner fails to abate the public health nuisance within the specified time frame, the department or its agent intends to enter the property and commence abatement of the public health nuisance and assess the costs of inspection and abatement against the real property on which the nuisance is located.
2. Service: The abatement notice must be served on a property owner by certified mail or personal service. Service by certified mail shall be deemed complete upon mailing. If the property owner is unknown or absent and has no known representative upon whom notice can be served, the department shall post a written or printed notice in a conspicuous place on the property stating that, unless the public health nuisance is abated within a period not longer than ten (10) days, the department will have the nuisance abated at the expense of the owner.
B. Abatement By The City: In the event a property owner does not abate the public health nuisance, the department may expend funds necessary to abate the nuisance as set forth in this chapter.
C. Assessment Of Abatement Costs:
1. Costs Of Enforcement Action: The costs of an enforcement action under this section may be assessed and charged against the real property on which the public health nuisance was located.
2. Failure To Abate; Abatement By City; Costs: The property owner's failure to abate the nuisance within the time limit stated in subsection A of this section shall authorize the department to the nuisance abated. The city may then charge all costs of abatement to the property owner and bill the property owner directly for such costs. If the owner does not pay the bill the costs due may be assessed. Failure by the property owner to abate the nuisance within the time period specified in subsection A of this section is a violation of this chapter and shall be punishable as a misdemeanor.
3. Record Of Costs: The department shall keep a record of the costs of abatements done under this chapter and shall report monthly to the finance department and clerk all work done for which billings and assessments are to be made stating and certifying the description of the land, lots, and parcels involved and the amount chargeable to each.
4. Assessment Of Costs: On or before September 1 of each year, the clerk and finance department shall list the total unpaid charges for each abatement against each separate lot or parcel to which the charges are attributable under this chapter. The city council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota statutes section 429.101 and other pertinent statutes for certification to the county auditor and collection the following year along with current taxes. (Ord. 1219, 10-25-2010)