A. General:
1. Title: These regulations shall be known as the PROPERTY MAINTENANCE CODE, hereinafter referred to as "this section", and the city of Little Falls, Minnesota, hereinafter referred to as "city".
2. Scope: The provisions of this section shall apply to all existing residential and nonresidential structures and all existing premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
3. Intent: This section shall be construed to secure its expressed intent, which is to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
4. Severability: If a section, subsection, sentence, clause or phrase of this section is, for any reason, held to be unconstitutional; such decision shall not affect the validity of the remaining portions of this section.
B. Applicability:
1. General: The provisions of this section shall apply to all matters affecting or relating to structures and premises, as set forth in subsection A of this section. Where, in a specific case, different subsections of this section specify different requirements, the most restrictive shall govern.
2. Maintenance: Equipment, systems, devices and safeguards required by this section or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this section are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures, and premises.
3. Application Of Other Codes: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Minnesota state building code, Minnesota state mechanical, fuel gas and plumbing code, and the national electrical code. Nothing in this section shall be construed to cancel, modify or set aside any provision of the land use regulations (zoning) as provided in chapter 11 of the city code.
4. Existing Remedies: The provisions in this section shall not be constructed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe or unsanitary.
5. Workmanship: Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this section shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.
6. Historic Buildings: The provisions of this section shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare.
7. Referenced Codes And Standards: The codes and standards referenced in this section shall be those that are listed in chapter 5 of the city code and considered part of the requirements of this section to the prescribed extent of each such reference. Where differences occur between provisions of this section and the reference standards, the provisions of this section shall apply.
8. Requirements Not Covered By This Section: Requirements necessary for the strength, stability, or proper operation of an existing fixture, structure, or equipment, or for the public safety, health and general welfare, not specifically covered by this section, shall be determined by the code official.
C. General Definitions: The following words and phrases when used in this section shall have the meanings respectively ascribed to them in this section:
APPROVED: Approved by the code official.
BASEMENT: That portion of a building which is partly or completely below grade.
BATHROOM: A room containing plumbing fixtures including a bathtub or shower.
BEDROOM: Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
CODE OFFICIAL: The official who is charged with the administration and enforcement of this section or any duly authorized representative.
CONDEMN: To adjudge unfit for occupancy.
DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT: That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.
EXTERIOR PROPERTY: The open space on the premises and an adjoining property under the control or owners or operators of such premises.
EXTERMINATION: The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poisoning, spraying, fumigating, trapping or by any other approved pest elimination method.
GARBAGE: The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
GUARD: A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
HABITABLE SPACE: Space in a structure used for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HOUSEKEEPING UNIT: A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain within such a unit a toilet, lavatory and bathtub or shower.
IMMINENT DANGER: A condition which could cause serious or life threatening injury or death at any time.
INFESTATION: The presence within or contiguous to a structure or premises of insects, rats, vermin or other pests.
INOPERABLE MOTOR VEHICLE: A vehicle which cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
LABELED: Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
LET FOR OCCUPANCY OR LET: To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to an unrecorded agreement of contract for the sale of land.
OCCUPANCY: The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT: Any individual living or sleeping in a building, or having possession of a space within a building.
OPENABLE AREA: That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON: An individual, corporation, partnership or any other group acting as a unit.
PREMISES: A lot, plot or parcel of land, easement or public way, including any structures thereon.
PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded or otherwise permanently appropriated to the public for public use.
ROOMING HOUSE: A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
ROOMING UNIT: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living but not for cooking purposes.
RUBBISH: Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials; paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
SLEEPING UNIT: A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
STRICT LIABILITY OFFENSE: An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
STRUCTURE: That which is built or constructed or a portion thereof.
TENANT: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TOILET ROOM: A room containing a water closet or urinal but not a bathtub or shower.
VENTILATION: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
WORKMANLIKE: Executed in a skilled manner, e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
YARD: An open space on the same lot with a structure.
D. Terms, Words And Meanings:
1. Scope: Unless otherwise expressly stated, the following terms shall, for the purposes of this section, have the meanings shown in this subsection.
2. Interchangeability: Words stated in the present tense include the future, words stated in the masculine gender include the feminine and neuter, the singular number includes the plural and the plural, the singular.
3. Terms Defined In Other Codes: Where terms are not defined in this section and are defined in the international fire code, international zoning code, Minnesota state building code, Minnesota state mechanical, fuel gas and plumbing code or the national electrical code, such terms shall have the meanings ascribed to them as stated in these codes.
4. Terms Not Defined: Where terms are not defined through the methods authorized by this subsection, such terms shall have ordinarily accepted meanings such as the context implies.
5. Parts: Whenever the words "dwelling unit", "dwelling", "premises", "building", "rooming house", "rooming unit", "housekeeping unit", or "story" are stated in this section, they shall be construed as though they were followed by the words "or any part thereof".
E. Code Official For Property Maintenance Inspections:
1. General: The executive official in charge of property maintenance inspection shall be known as the code official.
2. Appointment: The code official shall be appointed by the city council.
3. Deputies: In accordance with the prescribed procedures of the city and with the concurrence of the city council, the code official shall have the authority to appoint deputy code officials; other related technical officers, inspectors and other employees as needed.
4. Liability: The code official, officer or employees charged with the enforcement of this section, while acting for the city, shall not thereby be rendered liable personally, and are hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this section shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this section; and any officer, acting in good faith and without malice with regards to the enforcement of this section, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
5. Fees: The fees for activities and services performed in carrying out the responsibilities under this section shall be as indicated in the fee schedule adopted by the city council and updated from time to time.
F. Duties And Powers Of The Code Official:
1. General: The code official shall enforce the provisions of this section.
2. Implementation Authority: The code official shall have authority as necessary in the interest of public health, safety and general welfare; to interpret and implement the provisions of this section; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this section, or of violating accepted engineering methods involving public safety.
3. Inspections: The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the city administrator.
4. Right Of Entry: The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law.
5. Identification: The code official shall carry proper identification when inspecting structures or premises in the performance of the official's duties under this section.
6. Notices And Orders: The code official shall issue all necessary notices or orders pursuant to subsection R of this section to ensure compliance with this section.
7. Records: The code official shall keep records of all business and activities specified in the provisions of this section. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations.
8. Alternative Materials, Methods And Equipment: The provisions of this section are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this section, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this section, and that the alternate material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this section in quality, strength, effectiveness, fire resistance, durability and safety.
9. Required Testing: Whenever there is insufficient evidence of compliance with the provisions of this section, or evidence that a material or method does not conform to the requirements of this section, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
10. Test Methods: Test methods shall be as specified in this section or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency.
11. Test Reports: Reports of tests shall be retained by the code official for the period required for retention of public records.
12. Material And Equipment Reuse: Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
G. General Requirements:
1. Scope: The provisions of this section shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
2. Responsibility: The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this section. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
3. Vacant Structures And Land: All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blight problem or adversely affect the public health or safety.
H. Unsafe Structures And Equipment:
1. General: When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this section.
a. Unsafe Structures: An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
b. Unsafe Equipment: Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
c. Structure Unfit For Human Occupancy: A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this section, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
d. Unlawful Structure: An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this section, or was erected, altered or occupied contrary to law.
2. Closing Of Vacant Structures: If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
3. Notice: Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with subsection R3 of this section. The notice shall be in the form prescribed in subsection R2 of this section.
4. Placarding: Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
a. Placard Removal: The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by subsection Q of this section.
5. Prohibited Occupancy: Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by subsection Q of this section.
I. Emergency Measures:
1. Imminent Danger: When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited By The Code Official". It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
2. Temporary Safeguards: Notwithstanding other provisions of this section, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
3. Closing Streets: When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
4. Emergency Repairs: For the purposes of this subsection, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
5. Costs Of Emergency Repairs: Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
6. Hearing: Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, have the right to appeal such order pursuant to section 10.31 of this chapter.
J. Demolition:
1. General: The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, to demolish and remove such structure.
2. Notices And Orders: All notices and orders shall comply with subsection R of this section.
3. Failure To Comply: If the owner of a premises fails to comply or appeal under section 10.31 of this chapter with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
4. Salvage Materials: When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, to the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
K. Exterior Structure:
1. General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
2. Protective Treatment: All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
3. Premises Identification: Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (4") (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Cross reference definition of "house/building numbers" in section 11.02 of the city code.
4. Structural Members: All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
5. Foundation Walls: All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. All foundation walls shall also be kept clear of volunteer trees and brush that is overgrown near the house that could cause damage to the foundation walls.
6. Exterior Walls: All exterior walls shall be free from holes, breaks, and loose or rotting materials; and weather resistant and properly surface coated where required to prevent deterioration.
7. Roofs And Drainage: The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
8. Decorative Features: All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
9. Overhang Extension: All overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
10. Stairways, Decks, Porches And Balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
11. Chimneys And Towers: All chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
12. Handrails And Guards: Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
13. Window, Skylight And Doorframes: Every window, skylight, and doorframe shall be kept in sound condition, good repair and weathertight.
a. Glazing: All glazing materials shall be maintained free from cracks and holes.
b. Openable Windows: Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
14. Insect Screens: During the period from April 15 to October 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means such as air curtains or insect repellent fans, are employed.
15. Doors: All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with the appropriate code.
16. Basement Hatchways: Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
17. Guards For Basement Windows: Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
18. Building Security: Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
a. Doors: Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a dead bolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a latch throw of not less than one inch (1") (25 mm). Such dead bolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this subsection, a sliding bolt shall not be considered an acceptable dead bolt lock.
b. Windows: Operable windows located in whole or in part within six feet (6') (1828 mm) above ground level or a walking surface below that provides access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device.
c. Basement Hatchways: Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
L. Exterior Property Areas:
1. Sanitation: All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
2. Grading And Drainage: All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: approved retention areas and reservoirs.
3. Sidewalk And Driveways: All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. It shall be unlawful for an owner or tenant of the abutting private property to allow ice or snow to remain upon the public sidewalk twenty four (24) hours after such snow or ice has ceased to be deposited.
Upon failure of the owner or agent having charge of a property to clear ice or snow from the public sidewalk after service of a notice of violation, or appeal subject to the provisions of section 10.31 of this chapter, the owner or agent shall be subject to prosecution or penalty in accordance with subsection Q of this section. Upon failure to comply with or appeal the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and remove such ice and snow thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
4. Weeds And Grass: It is unlawful for any owner, occupant or agent of any lot or parcel of land in the city to allow any weeds or grass growing upon any such lot or parcel of land to grow to a greater height than six inches (6"), or to allow such weeds or grass to go to seed, except that grass may be grown for hay, provided, that the hay is mowed and removed by June 15 of the year it is grown. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided, however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds or grass after service of a notice of violation, or appeal subject to the provisions of section 10.31 of this chapter, the owner or agent shall be subject to prosecution or penalty in accordance with subsection Q of this section. Upon failure to comply with the notice of violation, or appeal subject to the provisions of section 10.31 of this chapter, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds or grass growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
(Natural landscape plan. A landowner wishing to maintain property in a natural state may be exempted from the requirements of this subsection by submittal of a natural landscape plan and by following the provisions and conditions set forth for said plan as identified elsewhere in the city code.)
5. Rodent Harborage: All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
6. Exhaust Vents: Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
7. Accessory Structures: All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
8. Abandoned And Wrecked Vehicles:
a. State Laws Adopted: The provisions of Minnesota statutes chapter 168B, as amended, relating to abandoned motor vehicles, is adopted and made a part of this subsection as if set out in full herein.
b. Definitions: See subsection C, "General Definitions", of this section. Additionally, for the purposes of this subsection, the following words and terms shall have the meanings herein ascribed to them as follows:
ABANDONED VEHICLE: A "vehicle", as defined in this subsection, that has remained for a period of more than four (4) hours on public property illegally, or lacking vital component parts, or has remained for a period of more than four (4) hours on private property without consent of the person in control of such property, or in an inoperable condition such that it has no substantial, potential further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. It shall include a vehicle which is in a wrecked, junked or partially dismantled condition. It shall also mean a motor vehicle voluntarily surrendered by its owner to the city or a vehicle offered for sale by its owner parked on public property. It shall also include any vehicle which is not properly and/or currently licensed within the state of Minnesota.
CLASSIC OR PIONEER CAR: As defined in Minnesota statutes section 168.10, or its successor, a "classic or pioneer car" shall not be considered an abandoned vehicle.
VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
c. Nuisance Declared: The city council has determined that abandoned (including vehicles not currently licensed), wrecked, junked, partially dismantled or inoperative vehicles within the city create a public nuisance tending to reduce the value of private property, invite plundering, create fire hazards, attract vermin and constitute a threat to the health and safety of the public. The accumulation and outside storage of such vehicles, in the nature of rubbish, litter and unsightly debris is a detriment to the environment and is hereby declared to constitute a public nuisance which may be abated as provided herein or as provided under any other ordinance of the city or law of the state.
d. Abandonment Of Vehicles: No person shall park, store or leave, or permit the parking, storing or leaving of, any abandoned vehicle on public or private property within the city unless:
(1) Within a building;
(2) Such vehicle is stored or parked on private property in connection with a duly licensed or authorized commercial enterprise operated and conducted pursuant to law when such parking or storing of vehicles is necessary to the operation of said commercial enterprise; or
(3) Such vehicle is stored or parked on private property of the owner thereof, or a member of the owner's family, for the purpose of making repairs thereto, provided, that said repair period is not to exceed thirty (30) days, after which time said vehicle shall be deemed to be abandoned.
e. Impoundment Of Abandoned Vehicles: The city may take into custody and impound any abandoned vehicle which is in violation of the provisions of subsection L8d of this section. Any person, at the direction of the city administrator, police chief or any other police officer of the city is hereby expressly authorized to enter upon private property for the purpose of enforcing this subsection.
f. Sale Of Abandoned Vehicles:
(1) Vehicles Over Seven Years Old: When an abandoned vehicle is more than seven (7) model years of age, is lacking vital component parts, and does not display a license plate currently valid in the state, or any other state or foreign country, it shall immediately be eligible for sale at public auction and shall not be subject to the notification and reclamation provisions of subsection L8g of this section.
(2) Vehicles Seven Years Old And Newer:
(A) Notice To Owner: When an abandoned vehicle does not fall within the provisions of subsection L8f(1) of this section, the city administrator, police chief or a police officer of the city shall give notice of the taking into custody of the vehicle pursuant to Minnesota statutes section 168B.06, as amended.
(B) Public Sale Of Vehicle: An abandoned vehicle taken into custody and not reclaimed under subsection L8g of this section shall be sold to the highest bidder at public auction or sale, following ten (10) days' published notice thereof in the official newspaper of the city.
(C) Proceeds Of Sale: From the proceeds of the sale of the abandoned vehicle, the city shall reimburse itself for the cost of towing, preserving and storing of the vehicle, and all notice, publication and administrative costs incurred pursuant to this subsection. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for ninety (90) days and, if not claimed, shall thereafter be deposited in the city treasury.
g. Reclamation Of Vehicle: The owner, or any lienholder of an abandoned vehicle, or any person in lawful possession or control of the property upon which said vehicle was abandoned, shall have a right to reclaim said vehicle from the city upon payment of all towing and storage charges resulting from the taking of the vehicle into custody within fifteen (15) days after the date of the notice required by subsection L8f(2) of this section.
9. Defacement Of Property: No person shall wilfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
10. Household Furnishings, Appliance And Trade Fixtures: It is unlawful for any person to store or keep any household furnishings or appliances or trade fixtures intended for use inside of a building on any property within the corporate limits of the city, unless housed within a lawfully erected building or unless such person has a valid junk dealer's license obtained under section 6.30 of the city code.
11. Storage Of Wood:
a. Wood Defined: "Wood" shall include, but not be limited to, firewood and lumber, whether rough, precut construction grade or finished, which is stored or kept on property in the city.
b. Persons Exempt: This subsection shall not apply to: 1) persons having property on which new construction is taking place and the wood on such property is being used for said construction, unless the said wood has remained on the property for more than six (6) months and is not a permanent part of the new construction at the end of that time; and 2) persons storing or keeping wood on property when said wood is stored or kept in neat and secure stacks in a covered structure impervious to the elements.
c. Conditions Of Outside Storage: Wood stored or kept in the city which is not contained within a covered enclosure impervious to the elements shall be stored or kept in neat and secure stacks as follows: there is no minimum width requirement for open stacks under three feet (3') in height. Any open stacks over three feet (3') in height shall have a height which is no more than twice its width with a maximum height of nine feet (9'). Stacks shall be no less than five feet (5') from any side property line on corner lots, thirty feet (30') from any front property line or any front of a house, whichever is closer, and two feet (2') from any rear property line or any side property line of interior lots. Grass height around all wood stacks shall be maintained at a maximum height of six inches (6").
d. Number Of Cords: No more than ten (10) cords of wood shall be stored on any residential property.
M. Swimming Pools, Spas And Hot Tubs:
1. Swimming Pools: Swimming pools shall be maintained in a clean and sanitary condition and in good repair and shall comply with the provisions contained in section 5.40 of the city code.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this subsection.
N. Nuisances/Junk/Blight:
1. Public Nuisance: Whoever by an act or failure to perform a legal duty intentionally maintains a public nuisance may be ordered to abate the nuisance as provided in this section, and may be charged with a misdemeanor offense or issued an administrative citation. The following acts or omissions shall constitute a public nuisance:
a. Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public.
b. Interferes with, obstructs, or renders dangerous for passage any public highway or right of way, or waters used by the public.
c. Wilfully opposes or obstructs a health officer or physician charged with the enforcement of the health laws in performing any legal duties.
d. Is guilty of any other act or omission declared by law to be a public nuisance/junk/blight and for which no sentence is specifically provided.
2. Permitting Public Nuisance/Junk/Blight: No person shall permit real property under such person's control to be used to maintain a public nuisance/junk/blight or let the same knowing it will be so sold.
3. Permitting Unhealthful Waste Disposal Systems: No person shall permit or maintain, an offensive, nauseous, hurtful, dangerous or unhealthful outhouse, privy, vault, sewer, or private drain upon said premises or land, or premises or land occupied or used by or under such person's control.
4. Permitting Unhealthful Conditions: No person shall permit, suffer, or maintain or fail to remove any offensive, nauseous, hurtful, dangerous, or unhealthful condition to or for the neighborhood resulting from the failure to properly dispose of sick or unsound flesh, meat, fish, carcass, garbage, sewage, waste, debris, or any other offensive substance, liquid, or thing whatsoever upon said premises or land, or premises or land occupied or used by or under such person's control, or drop, discharge, pass, deposit, or otherwise deliver the same upon any ground, private or public.
5. Fertilizer And Burial Of Waste: No person shall leave, deposit, or cause to be placed on any private ground any garbage, sewage, waste, debris, carcass, or other substance or matter which is offensive or unhealthy by decomposition provided, that the use of manure in the normal course for agriculture or horticulture is permitted.
6. Slaughterhouses: No person shall keep or use any slaughterhouse, nor slay, kill, or butcher any animal, except for their own home use, nor melt or fry out any rough tallow, nor keep or have any stale, putrid, or stinking fat, grease or meat. No person shall keep within said city any undressed or dry hides, or offensive, nauseous substance or liquid at any place from whence the stench thereof may reach the street, avenue, alley, lane, or public land, or to any dwelling. No owner or occupant of any grocery, cellar, packing house, meat shop, soap factory, tannery, brewery, distillery and dye house, stable, or other place of business shall suffer or permit any litter or garbage to be thereon, or swept therefrom upon any street, avenue, lane, or alley. Nor shall any business owner suffer or permit any foul, unclean, nauseous, or offensive liquid or substance to pass from any premises under the owner's control adjacent thereto, into, over, or upon any street, avenue, lane, or alley, or open drain, gutter or sewer, or over or upon any private grounds.
7. Septic Tanks: No person shall cause, permit, or maintain any abandoned cesspool or septic tank without it being properly filled.
8. Junk: No person, firm, or corporation of any kind shall permit the accumulation of junk that includes, but is not limited to, any of the following: waste material, trash, rubbish, refuse, or litter of any kind upon any land or inside or under any building or structure which may provide harborage or breeding places for mosquitoes, vermin, or rats. No person, firm, or corporation of any kind shall permit on a property the accumulation of: batteries; paper; lumber or salvaged wood; boxes or containers; bottles; cans; discarded chemicals; bricks; stones; old or scrap copper, brass, iron, steel, or other metals; old and/or inoperable appliances; tanks; barrels; cages; clothing; pallets; wire/cable; dismantled, abandoned or inoperable vehicles, farm equipment, construction equipment, campers, recreation vehicles, boats, or parts thereof; rope; rags; glass; rubber; construction debris; plumbing fixtures; furniture; brush piles; cut down trees and branches; pulled stumps; leaf piles not in a composting container; or other similar objects and materials which may provide harborage or breeding places for mosquitoes, vermin, or rats. Useful items such as firewood and building materials may be stored in compliance with subsection L11 of this section provided they are stored in a manner that will not create any danger or threat to public health.
9. Blight: No person, firm, or corporation of any kind shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any property owned, leased, rented, or occupied by such person, firm, or corporation: a) the building, structure, or parcel of land is in a condition which poses a threat to the safety, health, morals, and general welfare of the community; b) it is attracting illegal activity as documented by the police department; c) it is a fire hazard as determined by the fire department; d) the existence of the following conditions: missing, damaged or boarded windows or doors; collapsing or missing walls or roofs; parts of walls that need repair; damaged or missing siding or gutters; a structurally faulty foundation, porch, chimney, or other attached structure; a principal or accessory buildings in need of repair, paint, or sealer; fencing in disrepair; overgrown brush; grass or weeds in violation of subsection L4 of this section; e) accumulation of junk as defined in this subsection; f) sanitary matter meaning liquid and solid waste intended to be carried off in sewers or drains; g) a structure on the property that has been continuously vacant for at least one year, has been condemned as unfit for human occupancy or use by the building official in accordance with the Minnesota building code, but has neither been demolished nor repaired by the owner as directed by the building official; h) there is evidence of rat or rodent infestation or harborages caused by conditions on the property; i) the property has an inadequate sewage, septic, plumbing, well, or heating system; j) if the property is vacant, the owner has failed to take adequate precautions to prevent the use of or access to the property by trespassers; k) a potential attractive nuisance to children exists on the property, including, but not limited to, abandoned wells, basements, excavations, or broken fences, refrigerators, and other appliances.
10. Unlawful Occupations Or Hobbies: No person shall exercise, carry on, follow, or engage in or work at any business, hobby, trade, or calling or occupation which shall be dangerous, hurtful, offensive, or unhealthy to the neighborhood.
11. Deposit Of Materials On City Streets Prohibited: No person shall deposit or permit to be deposited on any public street in this city, leaves, grass, sand or similar materials, nor shall any person plow, shovel or blow or permit the plowing, shoveling, or blowing of snow onto a public street in the city, excepting in those commercial districts where property owners have prior permission to deposit snow from the public sidewalk onto a public street. This provision shall not apply to any person who is in the process of constructing or maintaining a yard or drive provided that the materials are immediately removed from the street.
O. Rubbish And Garbage:
1. Accumulation Of Rubbish Or Garbage: All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
2. Disposal Of Rubbish: Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner.
3. Rubbish Storage Facilities: The owner of every occupied premises shall provide approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
4. Refrigerators: Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.
5. Disposal Of Garbage: Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
6. Garbage Facilities: The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; or an approved leakproof, covered, outside garbage container.
7. Garbage Containers: The owner of every establishment which produces garbage shall provide, and at all times cause to be utilized, approved leakproof containers for the storage of such materials until removed from the premises for disposal. The owner of every one- and two-family dwelling units shall comply with the city's garbage and recycling program and the owner of the premises shall be responsible for the removal of garbage. The owner of every establishment with more than two (2) dwelling units shall provide adequate containers with close fitting covers for the storage of garbage until removed from the premises for disposal.
P. Extermination:
1. Infestation: All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
2. Owner: The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
3. Single Occupant: The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
4. Multiple Occupancy: The owner of a structure containing two (2) or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
5. Occupant: The occupant of any structure shall be responsible for the continued rodent and pest free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
Q. Violations:
1. Unlawful Acts: It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this section.
2. Notice Of Violation: The code official shall serve a notice of violation or order in accordance with subsection R of this section.
3. Prosecution Of Violation: Any person failing to comply with a notice of violation or order served in accordance with subsection R of this section shall be subject to: administrative citation per section 10.31 of this chapter; a misdemeanor per section 1.99 of the city code; or civil actions at law or in equity as determined by the code official, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding restraint, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this section or of the order or direction made pursuant thereto. The costs associated with any action taken by the city on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
4. Violation Penalties: Each day that a violation continues after due notice has been served shall be deemed a separate offense.
5. Abatement Of Violation: The imposition of the penalties herein prescribed shall not preclude the city from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, utilization of the building, structure or premises.
R. Notices And Order:
1. Notice To Person Responsible: Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed below to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with subsection S of this section.
2. Form: Such notice prescribed in subsection R1 of this section shall be in accordance with all of the following:
a. Be in writing.
b. Include a description of the real estate sufficient for identification.
c. Include a statement of the violation or violations and why the notice is being issued.
d. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this section.
e. Inform the property owner of the right to appeal.
f. Include a statement of the right to file a lien in accordance with subsection Q3 of this section.
3. Method Of Service: Such notice shall be deemed to be properly served if a copy thereof is:
a. Delivered personally; or
b. Sent by certified or first class mail addressed to the last known address; or
c. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
4. Penalties: Penalties for noncompliance with orders and notices shall be as set forth in subsection Q of this section.
5. Transfer Of Ownership: It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
S. Means Of Appeal: Any person directly affected by a decision of the code official or a notice or order issued under this section shall have the right to appeal pursuant to section 10.31 of this chapter, provided that a written application for appeal is filed within ten (10) days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this section or the rules legally adopted thereunder have been incorrectly interpreted or applied, the provisions of this section do not fully apply, or the requirements of this section are adequately satisfied by other means.
T. Abatement Process:
1. Abatement Process:
a. Declaration Of Policy: The city council of the city of Little Falls has determined that the health, safety, good order, general welfare, and convenience of the public are threatened by certain public nuisances on property within the city limits. It is declared to be the intention of the council to abate these nuisances, and this subsection is enacted for that purpose.
b. Application: This subsection shall apply to the abatement of all public nuisances, junk and blight as defined anywhere within this section unless another procedure is specifically provided.
c. Periodic Inspection And Investigation: The code official, building official, police department personnel or any other duly authorized representative with all due just cause, shall cause to be inspected all public and private places in the city within plain view which might contain a public nuisance as defined in this section as often as practicable to determine whether any such conditions exist. The code official, building official, police department personnel or any duly authorized representative shall also investigate all reports of public nuisances located within the city.
d. Abatement Of Nuisances: Upon a determination by the code official, building official, police department personnel or any authorized representative that a public nuisance exists within plain view on any public or private property in the city, the code official, building official, police department personnel or any authorized representative shall order the public nuisance to be abated in a manner consistent with city code.
e. Procedure For Removal Of Public Nuisances:
(1) Notification: Whenever the code official, building official, police department personnel or any authorized representative finds with reasonable certainty that a public nuisance as identified by this section exists within plain view on any public or private property in the city, the duly authorized official shall notify the affected property owner by posting notice in a conspicuous location on the property, or by first class mail addressed to the last known address that the public nuisance must be abated within a reasonable period of time, not more than fourteen (14) days from the date of service of the notice. Service by first class 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 appeal the order, within ten (10) days of the date of the order and request a hearing pursuant to section 10.31 of this chapter. The order shall also state that failure to abate the public nuisance or request a hearing within the applicable time periods will result in summary abatement procedures, and that the cost of abatement will be assessed against the subject property. Upon expiration of the time required by the notice, the code official, building official, police department personnel or any authorized representative may abate the nuisance unless a request for a hearing has been timely filed.
(2) Appeal: Any property owner who feels aggrieved by an order of the code official, building official, police department personnel or any authorized representative issued pursuant to this section may appeal the order pursuant to section 10.31 of this chapter.
(3) Costs Of Abatement: The code official, building official, police department personnel or any authorized representative shall keep a record of the costs of abatements done under this subsection and shall report periodically to the finance officer or other appropriate officer all work done for which assessments are to be made, stating and certifying the description of the land, lots or parcels involved and the amount assessable to each.
(4) Unpaid Charges: On or before October 1 of each year, the finance officer shall list the total unpaid charges for each abatement made under this section against each separate lot or parcel to which they are attributable. The city 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. Such assessment shall be payable in no more than ten (10) equal annual installments, pursuant to Minnesota statutes, section 429.011, subdivision 2.
(5) Interference Prohibited: It is a misdemeanor for any person to prevent, delay, or interfere with the code official, building official, police department personnel or any authorized representative while they are engaged in the performance of duties set forth in this section. (Ord. 74, 6th Series, eff. 5-4-2015)