(A) When an emergency exists and it reasonably appears there is a present danger to persons or property unless the nuisance is promptly abated, the Building and Zoning Official or his designated representative may direct that the work be undertaken upon such notice, as he deems appropriate under the circumstances.
(B) When no emergency exists and the Building Inspector charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the Inspector shall notify in writing the owner and occupant, if other than the owner, of such fact and order that such nuisance be terminated and abated. The notice shall be served upon the owner of the property and the occupant, if other than the owner, either personally or by certified mail sent to the last known address of the owner and occupant of the property. For purposes of serving by certified mail, the addressee is considered to have been served the notice five days after the date appearing on the certificate of mailing. A notice tag shall also be affixed to the door of any building situated on the property. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall identify the nature of the nuisance; specify the steps to be taken to abate the nuisance and the time, not exceeding ten days, within which the nuisance is to be abated.
(C) The property owner or occupant may appeal the notice to the City Council provided that any appeal must be submitted in writing to the city not later than ten days following receipt of the notice.
(D) If the property owner or occupant requests an appeal in compliance with the provisions of this section, a hearing shall be held before the City Council. Following the hearing, the City Council shall by resolution determine whether a nuisance is evident. Upon the finding of a nuisance, the City Council shall order that the cited conditions be removed, stored or eliminated within ten days.
(E) If an appeal to the City Council's order is not made to the district court within ten days following the City Council's decision and the property owner or occupant has not brought the property into compliance as ordered, the city shall initiate action to abate the nuisance.
(F) The city shall proceed with making the necessary arrangements to have the nuisance abated so as to comply with this section and other applicable provisions of the city code. The owner of the premises on which the nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs of $40 per incident. As soon as the work has been completed and the costs determined, the Building Inspector shall cause a bill to be prepared for the costs and mailed to the owner. Thereupon, the amount shall be immediately due and payable at the office of the City Treasurer.
(G) Any unpaid charges shall be collected as a special assessment pursuant to M.S. Chapter 429.
(H) The City Attorney is empowered and directed, in addition to other remedies provided by law, and in the name of the city, to institute appropriate action or proceedings to restrain and abate a public nuisance.
(Ord. 373, passed 6- -00; Am. Ord. 396, passed 6-9-03)