§ 33.02  COLLECTION OF COSTS OF CURRENT SERVICES WHEN PERFORMED BY THE CITY AS A SPECIAL ASSESSMENT AGAINST THE BENEFITTED PROPERTY.
   (A)   The following constitute assessable current services:
      (1)   Weed elimination. Whenever the city cuts or removes any weeds, whether noxious as defined by law or not, growing upon any lot or parcel of land, including within the adjacent right-of-way outside the traveled portion of the street or alley, to a height greater than six inches or which have gone or are about to go to seed in violation of Chapter 92;
      (2)   Public health and safety hazards. Whenever the city removes or eliminates public health or safety hazards from private property in violation of Chapter 92 regulating refuse, junk and nuisances or as otherwise determined under M.S. § 412.221, Subd. 23, as it may be amended from time to time. This does not apply to hazardous buildings under M.S. §§ 463.15 to 463.26, as they may be amended from time to time;
      (3)   Installation and repair of water service lines. Whenever the city installs or repairs water service lines serving private property under Chapter 52, regulating water or wastewater service lines serving private property under Chapter 53, regulating wastewater; and
      (4)   Repair of right-of-way. Whenever the city restores disturbed or excavated right-of-way to its previous condition under Minnesota Rules 7819.1100.
   (B)   The city shall provide ten days’ written notice to the owner or occupant of the property prior to performing the current service.
      (1)   The notice requirement may be waived in cases requiring immediate action by the city or at the request of the owner or occupant.
      (2)   The notice shall specify that the property owner will be liable for the expense of the work and that if not paid the charge for the work shall be made a special assessment against the property.
   (C)   The city shall keep a record showing the cost of the work attributable to each separate lot and parcel. The cost may include reimbursement to the city for reasonable administrative costs.
   (D)   The owner of property on which or adjacent to which a current service has been performed shall be personally liable for the cost of the service. Upon completion of the current service and determination of the cost, the City Clerk may bill the owner and thereupon the amount shall be immediately due and payable.
   (E)   Prior to certifying the unpaid cost, of a current service as a special assessment against the property, the city shall provide two weeks mailed notice to the owner. The city shall provide the opportunity for a hearing under M.S. § 429.061, as it may be amended from time to time. The City Council may then spread the charges against the benefitted property as a special assessment under M.S. § 429.101, as it may be amended from time to time, for collection with interest along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case.
(Ord. 97, passed 1-9-2006)