(A) Notice. Whenever the city determines that a public nuisance is being maintained or exists on a premises in the city, the City Administrator or his or her designated representative may abate the nuisance after providing written notice to the affected record property owner.
(1) The notice shall be given to the affected record property owner by U.S. mail or personal delivery. Refusal by the recipient to accept the notice shall not constitute a defense that the notice was not received. If the record owner is not able to be found, the city shall attach a copy of the notice or a door hanger with the same information to main entrance door of the principal structure on the property. The notice shall state the following information:
(a) The date;
(b) The address or legal description of the property;
(c) A description of the nuisance and the section of the city code which was violated;
(d) The steps to be taken in order to abate the nuisance;
(e) The date by which the nuisance must be abated (grass and weed violations must be abated within five calendar days from the date of the notice);
(f) That if the nuisance is not abated by the date stated, the city will abate the nuisance and the costs incurred by the city will be charged, and if left unpaid, will be certified to the County Auditor for collection with property taxes or specially assessed;
(g) That the recipient has the right to request a hearing before the City Council and the date the hearing request must be made by; and
(h) A description of the penalties that may apply if the condition is not corrected.
(B) Abatement. If the nuisance is not abated by the date stated in the notice and no hearing has been requested, the city may abate the nuisance. City staff must keep a record of the total cost of the abatement attributable to the property and report the information to the City Administrator.
(C) Abatement charges. When the abatement has been completed and the cost determined, the city shall prepare a bill and mail it to the record owner and thereupon the amount shall be immediately due and payable. If the record owner fails to pay the bill, the total charges may be certified by the city to the County Auditor for collection with property taxes as set forth in § 34.01 of this code or specially assessed in accordance with M.S. §§ 429.101 and 429.061, as they may be amended from time to time, whichever may be applicable.
(D) Emergency abatement. Nothing in this subchapter shall prevent the city, without notice or other process, from immediately abating any nuisance condition in an emergency situation which poses an imminent and serious hazard to the pubic health, safety, or welfare. To proceed with immediate abatement, the city official shall determine that a public nuisance exists or is being maintained on the premises and that delay in abatement will unreasonably endanger the public health, safety, or welfare. If at all possible, the city official shall attempt to notify the record owner of the nature of the nuisance and the abatement prior to the abatement. If notification prior to abatement is not possible, the city official shall notify the record owner as soon as practicable after abatement.
(Ord. 255, passed 3-19-12)