(1) Whenever the City Clerk or a city peace officer determines that a public nuisance is being maintained or exists on private property in the city, the City Clerk or peace officer shall notify in writing, the record owner and occupant, if any, of the real property of such fact and order the nuisance to be terminated and abated.
(2) The notice shall be served in person or by certified mail. If the property is unoccupied and the location of the owner is unknown, the notice may be served by posting it on the property. The notice shall specify the steps necessary to abate the nuisance. The notice must also provide a reasonable deadline, not exceeding 20 days, for the nuisance to be abated.
(3) If the notice is not complied with, a report shall be submitted to or by the City Clerk, and a hearing by the City Council or an impartial hearing officer shall be set. The owner or occupant shall be provided with at least ten days' notice of the hearing. The hearing notice shall be served on the owner or occupant in the same manner, as provided in division (A)(2) of this section. For posted notice of the hearing, 30 days must elapse between the day of posting and the hearing.
(4) At the hearing, the city shall provide the owner or occupant an opportunity to be heard. After hearing the evidence, the Council of hearing officer may issue findings of fact and an order providing for the city to abate the nuisance. The abatement order shall be executed as soon as practicable thereafter under the supervision of a peace officer.
(5) Any abatement order issued by the Council may be appealed to the Nicollet County District Court if the appeal is filed within ten days of the order. Any properly filed appeal shall be limited to the issue of cost recovery by the city.
(6) Any motor vehicle removed from private property shall be impounded and disposed of in accordance with M.S. Chapter 168B, as amended. Any other personal property removed from private property, which in the opinion of the supervising peace officer, has more than nominal fair market value, shall be photographed and inventoried, and written notice of the property removed shall be posted on the property. The property may be reclaimed by the record owner of the real property, within 30 days of removal, only after payment of the city's cost of removal and storage fees, which shall be the same as the vehicle impound fee per day. If any property remains unclaimed after 30 days, it may be sold or disposed of by the city without further notice.
(B) Any charges incurred by the city in abating, removing, correcting or eliminating from private property a nuisance as described in §§ 92.01 through 92.07, may be collected as provided in M.S. § 429.101 and City Code § 92.10. Such charges may include any actual costs incurred by the city, including, but not limited to, administrative, legal, engineering, and inspection and monitoring expenses, in connection with the abatement of the nuisance.
(C) Emergency procedure; summary enforcement.
(1) In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the nuisance.
(2) To proceed with summary enforcement, a peace officer shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The officer shall attempt to notify in writing the occupant or owner of the premises of the nature of the nuisance and of the city's intention to seek summary enforcement and the time and place of the City Council meeting to consider the question of summary enforcement.
(3) The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) of this section, and may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance.
(D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety.