(1) Abatement of nuisances. Upon a determination by the Zoning Administrator or chief building official that a public nuisance exists on any public or private property within the city, the Zoning Administrator or chief building official shall order the public nuisance to be abated in a manner consistent with the city code and state law.
(2) Notice of nuisance abatement. Whenever the Zoning Administrator or chief building official finds with reasonable certainty that a public nuisance exists on any public or private property in the city, he or she shall notify the affected property owner by personal service or by certified mail that the nuisance must be abated within a reasonable time, not more than 20 days from the date of service of the notice. Service by certified mail shall be deemed complete upon mailing. The order shall state with specificity the nature of the violations and the requirements for compliance. The order shall also state that the property owner may, within 20 days of the date of the order, request a hearing before the hearing examiner and shall set out the procedure by which that hearing may be requested. The order shall also state that failure to abate the nuisance or request a hearing within the applicable time periods will result in summary abatement procedures, and that the cost of abatement will be a lien on the property and will be certified to the County Auditor for collection with the next year's property taxes against the subject property. Upon expiration of the time required by the notice, the Zoning Administrator or chief building official may abate the nuisance unless a request for a hearing has been timely filed. No person shall enter private property under this section without the express written permission of the owner or occupant of the property. If permission is not granted, the provisions of § 101.14 concerning administrative search and seizure warrants shall be followed.
(3) Hearing and appeal. Any property owner who feels aggrieved by an order of the Zoning Administrator or chief building official issued pursuant to this chapter may request a hearing before the hearing examiner. The request shall be filed in writing with the office of the City Clerk within 20 days after service of the notice by the Zoning Administrator or chief building official. The City Clerk shall notify the hearing examiner who shall notify the property owner of the date, time and place of the hearing. The hearing shall be conducted no more than ten days after the hearing examiner receives notice of the request, unless a later date is mutually agreed to by the hearing examiner, the property owner and the city. Both the property owner and the city may appear at the hearing with counsel and may call the witnesses and present evidence as is determined by the hearing examiner to be relevant. Within ten days after the hearing, the hearing examiner shall affirm, repeal or modify the order of the Zoning Administrator or chief building official. The hearing examiner's order shall be accompanied by written findings of fact. Any person aggrieved by the decision of the hearing examiner may appeal that decision to the City Council by filing notice of the appeal with the office of the City Clerk. At its next available regular meeting, following the filing of a notice of appeal, the Council shall review the decision and findings of fact of the hearing examiner and shall affirm, repeal or modify that decision. The city shall take no action to abate any nuisance while the matter is still pending before the hearing examiner or the City Council.
(4) Record of costs. The Zoning Administrator or chief building official shall keep a record of the costs of abatements done under this chapter and shall report monthly to the City Clerk or other appropriate officer all work done for which a lien against the property are to be made, stating and certifying the description of the land, lots or parcels involved and the amount attributable to each.
(5) Abatement charges as special assessment. On or before September 1 of each year, the City Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this chapter. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes. The assessment shall be payable in no more than ten equal annual installments, pursuant to M.S. § 429.101, as it may be amended from time to time.
(Prior Code, § 903.04)