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Subdivision 1. The enforcing officer may provide for abating a public nuisance without following the procedure required in subsection 431.11, subdivisions 2 and 3 when:
(a) There is an immediate threat to the public health or safety;
(b) There is an immediate threat of serious property damage;
(c) A public nuisance has been caused by private parties on public property; or
(d) Any other condition exists that violates state or local law and that is a public health or safety hazard.
Subd. 2. A reasonable attempt must be made to notify the owner, occupant, or other responsible party of the intended action and the right to appeal the abatement and cost recovery at the next regularly scheduled city council meeting.
Subd. 3. Right of entry on private property.
For summary abatement proceedings, the city may enter upon private property or property owned by a public entity other than the city and commence abatement and cost recovery proceedings for the graffiti removal.
Subdivision 1. The owner of property on which a nuisance has been abated by the city, or a person who has caused a public nuisance on property not owned by that person, is personally liable to the city for the cost of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, city staff will prepare a bill for the cost and mail it to the owner or other responsible party. The amount is immediately due and payable to the city.
Subd. 2. Assessment.
If the cost, or any portion of it, has not been paid within 30 days after the date of the bill, the council may certify the unpaid cost against the property to which the cost is attributable in accordance with the process set forth in subsection 2021.01, subdivision 3 of this code.
Subdivision 1. Any violation of this section is a misdemeanor, punishable in accordance with state law.
Subd. 2. Any violation of this section may be subject to civil penalties in accordance with section 306 of this code.
Subd. 3. Minors.
In the case of a minor, the parents or legal guardian is jointly and severely liable with the minor for payment of all fines. Failure of the parents or legal guardian to make payment will result in the filing of a lien on the parents’ or legal guardian’s property that includes the fine and administrative costs.
Subd. 4. This chapter is not intended to prohibit a private property owner from seeking additional penalties or remedies.
The purpose of this section is to promote, preserve and enhance the natural resources within the city and provide protection from adverse impacts caused by erosion and poor sediment control by regulating land disturbances or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land disturbances, development activities, water quality and environmentally sensitive lands; and by requiring review standards and procedures.
Every applicant seeking a permit to allow land disturbing activities of one acre or greater shall submit a stormwater pollution prevention plan to the city engineer. No building permit, subdivision approval or development permit to allow land disturbing activities may be issued until approval of the stormwater pollution prevention plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this section.
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