A. Abatement:
1. Notice: Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on property within the city, the officer shall notify the property owner and occupant or other responsible party in writing of that fact and order the nuisance terminated and abated. Notice shall be served in person or by certified mail. Notice to the owner shall be satisfied by return receipt from the person listed as the taxpayer on the county's tax record. If the property is not occupied, the owner is unknown, or no other responsible party can be reasonably identified, notice may be served by posting said notice on the property. The posted notice shall specify the steps to be taken to abate the nuisance and the maximum time period allowed for compliance. The posted notice shall also state that the city may, after notice to the owner and occupant or other responsible party, provide for abating the nuisance by the city. Three (3) separate notices shall be written and delivered or posted as outlined above. The first notice shall specify compliance within twenty (20) days. The second consecutive notice shall reference the first notice and specify an additional ten (10) days for compliance. The third consecutive notice shall reference the first two (2) notices, specify that it is the last notice prior to the city council's hearing for abating the matter by the city, and allow for an additional five (5) days for final compliance with the written order(s). In cases where any or all of the notices are posted, at least forty five (45) days shall elapse between the day of the first posting and the council hearing.
2. Summary Abatement: The enforcement officer, or his or her designee, may provide for abating a public nuisance without following the procedures required in subsection A1 of this section 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.
If the enforcement officer abates the nuisance pursuant to this section, the officer must reasonably attempt to notify the owner, occupant, 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.
3. Hazardous And Substandard Buildings Or Structures: In appropriate cases the city may elect to enforce the provisions of this chapter pursuant to Minnesota statutes, sections 463.15 through 463.26.
4. Cost Recovery: 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, shall be personally responsible to the city for the cost of abatement, including administrative costs and any other expenses incurred by the city while performing the work. As soon as the work has been completed and the cost determined, the city clerk or other official designated by the council shall prepare a bill for the cost and mail it to the owner or other responsible party. Thereupon, the amount shall be immediately due and payable at the office of the city clerk.
5. Assessment: If the cost, or any portion of it, has not been paid under subsection A4 of this section within thirty (30) days after the date of the bill, the unpaid cost may be certified against the property to which the cost is attributable in accordance with Minnesota statutes, chapter 429. Before the unpaid costs are certified against the property, the property owner must be given notice and hearing as required by Minnesota statutes, 429.061. (Ord. XVIII.10, 9-2-1997; amd. Ord. XXI.15, 12-5-2006)
6. Penalty: Any person in violation of any of the provisions in this chapter shall be guilty of a misdemeanor and punished as described in title 1, chapter 4 of this code. Each day on which such violation continues shall constitute a separate offense. (Ord. XII.21, 6-15-2004; amd. Ord. XXI.15, 12-5-2006)
7. Hindrance: Any person hindering the efforts of city officials to investigate possible violations of this chapter shall be guilty of a misdemeanor.
8. Conflict Of Chapter: In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code in this city, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the city existing on the effective date of this chapter which established a lower standard for the promotion and protection of the health and safety of the people, the provision of this chapter shall be deemed to prevail. The determination of the applicability of this chapter in light of the above rules of interpretation shall be made by the city and its determination shall be final. (Ord. XVIII.10, 9-2-1997; amd. Ord. XXI.15, 12-5-2006)