A. Abatement By Owner: The primary responsibility for abating any nuisance is that of the owner. The owner shall correct any nuisance within the time specified in the notice of violation.
B. Abatement By Enforcing Officer; Recovery Of Costs: If, at the end of the time period allowed for correction of a violation, the violation still exists, the enforcing official may cause the following violations to be corrected by private or public means; and pursuant to the provisions of Minnesota statutes section 429.101, the city may collect unpaid special charges for abating a nuisance for all or any part of the cost of the work, plus administrative fees as a special assessment, for:
1. Snow, ice or rubbish removal from sidewalks;
2. Removal or elimination of public health or safety hazards from private property;
3. Repair of water service lines;
4. The treatment and removal of insect infested or diseased trees on private property;
5. The operation and maintenance of a fire protection system; or
6. Rubbish, garbage and debris removal from private property.
C. Hearing; Abatement By City Council: The city council, in its discretion, may schedule a hearing for the purpose of giving the property owner the opportunity to appear before the council to respond to a notice of violation. Written notice of any city council hearing to determine or abate a nuisance shall be served upon the owner of record and the occupant of the premises, either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or the occupant refuses to accept notice of the council hearing, notice of the council hearing shall be served by posting it on the premises. Except for those cases determined by the city council to require emergency abatement, written notice of any city council order shall be made as provided in Minnesota statutes section 463.17. The city council may, after providing the owner or occupant an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and order that, if the nuisance is not abated within the time prescribed by the council, the city may seek injunctive relief by serving a copy of the order.
D. Emergency Abatement: The enforcing official may cause any nuisance that is a present or immediate danger to public health or safety to be corrected by public or private means without notice to the owner, and the city may collect unpaid special charges for all or any part of the costs of the work plus administrative fees as a special assessment pursuant to Minnesota statutes section 429.101.
E. Recovery Of Costs: The owner of the premises on which a nuisance has been abated by the city shall be personally liable for the costs incurred by the city to abate the nuisance, including administrative costs. As soon as the work has been completed and the costs determined, the city clerk or other official designated by the city council shall prepare a bill for its costs and mail it to the owner. Thereupon, the amount shall be immediately due and payable at the office of the city clerk. If the bill remains unpaid, the city clerk may commence a civil action to collect said bill. (2003 Code)