(A) The Police Department or other designated city official shall have the duty to enforce the provisions of this chapter. The officer shall inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances.
(1) Any officer or agent of the city, charged with enforcing these provisions, is authorized to enter the structure or premises at reasonable times, subject to constitutional restrictions upon unreasonable searches and seizures. Any officer, charged with enforcing these provisions, refused entry is authorized to pursue recourse, as provided by law.
(2) The officer shall carry proper identification when performing duties under these provisions.
(3) The officer shall issue all necessary notices and execute all necessary orders to ensure compliance with this chapter.
(B) (1) It shall be a misdemeanor for any person to violate any provision of this chapter or fail to comply with a lawful written order issued pursuant to this chapter. Each day during which any noncompliance or violation continues shall constitute a separate offense.
(2) In addition to the specific remedies provided in this chapter the city may exercise any other remedy provided by law or equity to enforce this chapter, abate nuisances and protect the public health, safety and welfare, including suspension or revocation of any licenses or permits issued by the city for any operations located on the premises where the violation is occurring.
(C) (1) Whenever the officer charged with enforcing this chapter determines that a violation has occurred, or has reason to believe that a violation has occurred, notice shall be given to the responsible party, in the manner prescribed herein.
(2) The notice prescribed herein shall:
(a) Be in writing;
(b) Include a description of condition or offense;
(c) Include a statement of the violation or violations with reference to the applicable chapter provision;
(d) Include a correction order allowing an amount of time, as prescribed hereby, to conform with this provision;
(e) Include notice of right to appeal, pursuant hereto.
(3) The notice shall be properly served if a copy thereof is:
(a) Delivered personally;
(b) Sent by certified mail and addressed to the owner at the last known address; or
(c) If the certified mail and addressed to the owner at the last know address.
(4) It shall be unlawful for any person who has received a notice pursuant to this section to sell, transfer, mortgage, lease, or otherwise dispose of the affected property until the notice has been complied with or until a written compliance agreement with the city has been executed.
(5) Buildings that constitute a public nuisance shall be abated in accordance with M.S. §§ 463.15 et seq., as it may be amended from time to time.
(6) Buildings that constitute a public nuisance may be secured in accordance with M.S. § 463.251, as it may be amended from time to time.
(7) In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in this provision will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer charged with enforcement shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the 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 notify in writing the occupant or owner of the premises of the nature of the nuisance, whether public health, safety, or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in this provision above, and may order that such nuisance be immediately terminated or abated. If the nuisance is not immediately terminate or abated, the City Council may order summary enforcement and abate the nuisance.
(8) 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. Further, prior written is not required for noise violations.
(D) (1) A responsible party who has received notice may be personally liable for the cost of the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk/Administrator or other city official shall prepare a bill for the cost and mail it to the record owner. Thereupon the amount shall be immediately due and payable at the Office of the City Clerk/Administrator.
(2) If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portions of streets, or insect infested or unsound trees, the City Clerk/Administrator shall, on or before September 1 following the abatement of the nuisance, list the total of unpaid charges along with all other current services to be assessed under M.S. § 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then certify to the County Auditor the charges for collection along with current taxes for the following year or in annual installments, not to exceed ten years, as the Council may determine in each case.
(E) (1) Any person, firm or corporation who has received a notice or upon whom a notice has been served for violation or violations of this chapter may within seven days file an administrative appeal.
(2) Any person who has received a notice or upon whom a notice has been served for violation or violations of this chapter, and who has filed a timely appeal shall have the right to an administrative hearing, conducted by the City Council or designee, at which evidence may be presented and witnesses cross-examined.
(3) If, after seven days, no appeal is filed and the nuisance continues, the person, charged with the violation shall be deemed to have waived their right to appeal.
(4) The final decision of an administrative hearing, whether by the City Council or by its designee, shall be in writing setting forth the grounds therefore. The decision may uphold, vacate or modify the original notice. It shall be served on the responsible party by U.S. Mail. The responsible party shall comply with the findings within seven days of receipt.
(5) Upon failure of any person, firm or corporation to comply with an order of abatement within seven days from the date of the appellant receives notification of the decision to abate the nuisance, the officer charged with enforcing this chapter shall proceed to summary enforcement hereunder.
(Ord. 2000-112, passed 10-26-2000; Am. Ord. 2005-179, passed 9-29-2005)