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(A) As a condition of receiving rental unit registration, each registration holder is presumed to agree and consent that when the conduct of any registration holder or registration holder's agent, representative, employee or lessee, or the condition of their rental unit, or the property in or on which it is located, is detrimental to the public health, sanitation, safety and general welfare of the community at large, or residents of the rental units so as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the City Administrator shall have the authority to summarily condemn or close individual rental units or such areas of the rental dwelling as the Administrator deems necessary. Notice of summary condemnation shall be posted at the units or areas affected and shall describe the units or areas affected. No person shall remove the posted notice, other than the Fire Marshal, City Administrator, or their designated representative. Any person aggrieved by the decision or the action of the City Administrator or Fire Marshal set out in this division, may appeal the decision following the procedures set out in this subchapter. The hearing shall be conducted in the same manner as provided in this subchapter, however, the date of the hearing may be expedited with the consent of the registration holder.
(B) The decision of the City Administrator set forth in this division is not voided by the filing of such appeal. Only after the hearing by the City Council has been held will the decision or action of the City Administrator be affected.
(Ord. 2-2018, passed 2-20-2018)
(A) Nothing in this subchapter prevents the city from taking enforcement action under any of its fire, housing, zoning, health safety or other codes, ordinances and state laws for violations thereof, or to seek injunctive relief and criminal prosecution for violations of any ordinance, code or law. Nothing contained in this subchapter prevents the city from seeking injunctive relief against a property owner or designated property manger who fails to comply with the terms and conditions of this subchapter or to obtain an order closing such rental units until violations of this particular subchapter have been remedied by the property owner or designated property manager.
(B) Violation of this subchapter is a misdemeanor. Each separate day on which a continuing violation occurs is a separate violation.
(Ord. 2-2018, passed 2-20-2018)
Notices from the city required by this subchapter shall be effective if personally delivered or if mailed to the addressee by certified mail, return receipt requested, to the address shown in the city file pertaining to the rental unit involved in the notice.
(Ord. 2-2018, passed 2-20-2018)
VACANT BUILDINGS REGISTRATION
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY.
The City of Mahnomen, State of Minnesota.
NEIGHBORHOOD ASSOCIATION.
An organization recognized by the city as representing a neighborhood within the city.
OWNER OF RECORD.
The fee owner, contract for deed vendee, mortgagee in foreclosure, holder of a sheriff's certificate, and taxpayer as shown on the real property records of Mahnomen, or the authorized agent of any of the preceding persons.
SECURE.
Includes, but is not limited to, installing locks, repairing windows and doors, boarding windows and doors, posting "no-trespassing" signs, installing exterior lighting or motion detecting lights, fencing the property, and installing a monitored alarm or other security system consistent with M.S. § 463.251.
UNOCCUPIED BUILDING.
A building or portion of a building which is not being used by a person entitled to legal occupancy.
UNSECURED BUILDING.
A building or a portion of a building that is open to entry by unauthorized persons without the use of tools or ladders.
VACANT BUILDING.
A building or a portion of a building that is unoccupied and meets one or more of the following conditions:
(1) Records of the Mahnomen Recorder show the property is in lien foreclosure;
(2) Windows or entrances to the property are boarded up or closed off, or multiple doors or window are broken and unrepaired;
(3) Doors to the property are damaged, smashed through, caved in, broken off, unhinged, or continuously unlocked;
(4) The property is without gas, electric, or water service;
(5) Rubbish, trash, putrescible materials or debris has accumulated on the property;
(6) Law enforcement agencies have received at least two reports of trespass, vandalism or other illegal acts being committed on the property within 12 months;
(7) The yards on the property exhibit grass, lawn, weeds, and other vegetation which are not maintained to the standards prevailing in the neighborhood.
(A) Any building which becomes unsecured or vacant may be deemed hazardous. If the hazardous condition could be abated by securing the building, the City Council may order the building secured and shall cause notice of the order to be served by United States Mail on the record owner at its last known address and upon any neighborhood association consistent with M.S. § 463.251, Subd. 2. The notice must be in writing and must include, at a minimum, a statement that:
(1) Informs the owner of record that it has 12 days to secure the building or provide the Council with a reasonable plan and schedule to comply with the order and that costs may be assessed against the property if the person does not secure the building.
(2) Provides the owner of record with a copy of M.S. § 582.031 (right of entry by holder of mortgage or sheriff's certificate to protect the premises from waste and trespass).
(B) Service by mail is completed upon mailing.
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