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For purposes of Chapter 93 the Police Department, Fire Department, or Sheriff or person designated by the City Administrator may enforce the provisions relating to nuisances. Any peace officer or designated person shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. Except in emergency situations of imminent danger to human life and safety, no police officer or designated person shall enter private property for the purpose of inspecting or preventing public nuisances without the permission of the owner, resident, or other person in control of the property, unless the officer or person designated has obtained a warrant or order from a court of competent jurisdiction authorizing the entry, as provided in § 10.20(D). No person shall resist, oppose, or obstruct such officers in the lawful enforcement of this chapter.
(Ord. 2014-14, passed 12-1-2014)
(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
(A) Personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk-Treasurer or other official shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk-Treasurer.
(B) Assessment. After notice and hearing as provided in M.S. § 429.061, as it may be amended from time to time, the City Clerk-Treasurer shall, on or before November 15 next following abatement of the nuisance, list the total unpaid charges along with all other charges as well as other charges for 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 spread the charges against the property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding 10, as the City Council may determine in each case.
(Ord. 2014-14, passed 12-1-2014) Penalty, see § 10.99
Upon the declaration of certain conditions and acts to be a public nuisance in violation of city code and, if the City Council requires such conditions to be abated, the council may order the property constituting the nuisance to be removed, destroyed or disposed of, to ensure the termination of the nuisance. Upon seizure of the property constituting the nuisance, the city will inventory the property, and the City Administrator or the City Administrator's designee will determine whether the items seized have any reasonable value, in excess of city costs to store and dispose of the property. If, after inventory, the City Administrator or his or her designee makes a determination that no reasonable value of the property exists or that destruction of the property is necessary to abate the nuisance, the property shall be destroyed. If the City Administrator or his or her designee, however, determines such destruction is not necessary and there is reasonable value remaining in the property, the property shall be sold. The amount of money received as a result of any sale, if any, shall be applied against the cost of abatement, including all costs incurred by the city in the abatement, including without limitation the cost of the removal, storage, handling, destruction and disposal thereof, all staff time, legal and other consulting fees. Any balance remaining after such reimbursement to the city, if any, shall be remitted to the property owner.
(Ord. 2014-14, passed 12-1-2014)
WEEDS
(A) Any weeds, whether noxious as defined by law or not, and grass growing upon any lot or parcel of land outside the traveled portion of any street or alley in the City of Madison Lake, to a greater height than 6 inches or which have gone or are about to go to seed are a nuisance. The owner and the occupant shall abate or prevent the nuisance on the property and on land outside the traveled portion of the street or alley abutting on the property.
(B) Exceptions. Environmental Areas–noxious weeds need not be removed from the following:
(1) Native plant areas;
(2) Managed areas–rain gardens, and the like;
(3) Cliff areas; and
(4) Wooded areas.
(Ord. 197, passed 5-18-1998; Am. Ord. 240, passed 5-21-2007; Am. Ord. 2014-14, passed 12-1-2014) Penalty, see § 10.99
When the owner and occupant permit a nuisance weed or grass taller than 6 inches to exist in violation of § 93.025, the city shall serve notice upon the owner of the property if he or she resides in the municipality and can be found or upon the occupant in other cases, by registered or certified mail or by personal service, ordering the owner or occupant to have the weeds cut and removed within 5 days after receipt of the notice and also stating that in case of noncompliance such work will be done by the maintenance superintendent or workers at the expense of the owner and that if unpaid, the charge for the work will be made a special assessment against the property concerned. When no owner, occupant, or agent of the owner or occupant can be found, the provision for notice shall not apply.
(Ord. 197, passed 5-18-1998; Am. Ord. 240, passed 5-21-2007; Am. Ord. 2014-14, passed 12-1-2014)
If the owner or occupant of any property in the city fails to comply with the notice within 5 days after its receipt, or if no owner, occupant, or agent of the owner can be found, the city maintenance workers shall cut and remove the weeds and/or grass. The Maintenance Superintendent or Weed Inspector shall keep a record showing the cost of the work attributable to each separate lot and parcel and shall deliver the information to the City Clerk-Treasurer. Costs shall be rounded up to the nearest hour and billed based off fees established annually by the Council for a worker and equipment.
(Ord. 197, passed 5-18-1998; Am. Ord. 240, passed 5-21-2007; Am. Ord. 2014-14, passed 12-1-2014)
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