(A) Nuisance determination/notice of violation. Whenever a peace officer or designated person determines that a public nuisance is being maintained or exists on the premises in the city, the officer or person designated shall notify in writing the owner of record and any lessee or occupant of the premises of the fact and order that the nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated.
(B) Written notice of violation shall be served by a peace officer or designated person or the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises are not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises.
(C) If the notice of violation is not complied with within the time specified, the officer or designated person shall report that fact forthwith to the City Council.
(D) City Council action.
(1) City Council consideration. Without affecting any other penalty provision in this chapter, the City Council may, in conjunction with such penalty or in the alternative, in the form of a resolution, declare that there exists upon privately owned lands or premises a public nuisance.
(2) Notice of City Council hearing. Written notice of any City Council hearing to determine or abate a nuisance shall be served on the owner of record and any lessee or occupant of the premises either in person or by certified or registered mail. If the premise is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City Council hearing shall be served by posting it on the premises.
(3) Resolution. The City Council may determine, by resolution, that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may cause the removal or abatement of such nuisance.
(4) Notice of the passage of the resolution shall be served personally upon the owner of the premises or his or her agent or owner of record and any lessee or occupant of the premises if the names of such persons can be readily ascertained. Such notice may be served by certified or registered mail in all cases where such owner, agent, or occupant is not in the city or cannot be found therein. Such notice may likewise be served by posting for 24 hours a copy of such notice upon the premises where the nuisance exists or whenever the owner or agent thereof is not known or cannot be found and a post office address is unknown. The notice shall designate therein the time after the service or the mailing or the posting of the notice which the Council considers a reasonable time for the abatement or removal of such nuisance and the right for the abatement or removal of such nuisance and the right to demand a hearing before the City Council made in writing within 24 hours of the notice of abatement and that, if no hearing is demanded, any right to a hearing is waived.
(5) If the Council by resolution declares there is a public nuisance, the owner, agent or occupants of the premises, after notice described above, shall remove and abate the nuisance. The cost of such removal or abatement shall be paid by the owner, agent, or occupants.
(6) If such order is not complied with within the time specified herein, the city shall cause the removal or abatement of such nuisance and the cost thereof shall be assessed against the premises, pursuant to M.S. § 429.101.
(E) Emergency procedure; summary 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. The enforcing officer may provide for abating a public nuisance without following the standard abatement procedure required in divisions (A) and (B) above when:
(1) There is an immediate threat to the public health or safety;
(2) There is an immediate threat of serious property damage;
(3) A public nuisance has been caused by private parties on public property; or
(4) If the enforcing officer abates the nuisance under this section, the officer must reasonably attempt to notify the owner record and any lessee or occupant, and/or other responsible party of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled City Council meeting.
(D) Civil action. In conjunction with City Council action, or in lieu thereof, the city may seek injunctive relief to terminate or restrain a public nuisance. Upon appropriate order of the court permitting city abatement, the City Council may, by resolution, order immediate abatement by the city, and dispensing with the notice and hearing requirements of division (B).
(Ord. 2014-14, passed 12-1-2014) Penalty, see § 10.99