Loading...
§ 95.10  RECOVERY OF COST.
   (A)   Personal liability. The owner of the premises 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 liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other city official shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk.
   (B)   Assessment. After notice and hearing as provided in M.S. § 429.061, as it may be amended from time to time, if the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, unsound or insect-infected trees, or any portion of § 95.13, the City Clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well. As other charges for current services to be assessed under M.S. § 429.101 against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against the property under that statute and any other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding 10, as the City Council may determine in each case.
      (1)   For each certification sustained, the property owner shall have the following options after the hearing:
         (a)   To pay the delinquent amount listed on the preliminary roll, but without additional interest after the hearing, within 10 days of the hearing date;
         (b)   To pay the certified delinquent amount after the hearing date, but before the county certification deadline, with interest at the rate set in the adopted rate schedule, accrued beginning on the eleventh day following the hearing date through the date of payment; or
         (c)   To pay the certified charges as billed to them by Murray County on their property tax statement with a collection term of 1 year.
      (2)   Fifteen days after the hearing, the certified roll, minus any payments, shall be delivered to Murray County.
(Am. Ord. 290, passed 7-2-2001; Am. Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016)
§ 95.11  MAINTENANCE ORDINANCE, GENERAL REQUIREMENTS.
   (A)   Scope. The provisions of this section shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
   (B)   Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this chapter. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping it in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
   (C)   Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
   (D)   Department of Property Maintenance Inspection. The City Council shall appoint an individual to serve as ordinance official. That individual shall have the authority to appoint a deputy, inspectors, and employees as approved by the City Council.
      (1)   Restriction of employees. The ordinance official or employee connected with the enforcement of this chapter shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials, or appliances for the construction, alteration, or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building or property; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the Department.
      (2)   Liability. The ordinance official, officer, or employee charged with enforcement of this chapter, while acting for the city, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any official, officer, or employee because of an act performed by that official, officer, or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The ordinance official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provision of this chapter; and any official, officer, or employee of the Department of Building Safety, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act of omission in the performance of official duties in connection therewith.
   (E)   Duties and power of the ordinance official.
      (1)   General. The ordinance official shall enforce the provisions of this chapter.
      (2)   Rule-making authority. The ordinance official shall have authority as necessary in the interest of public health, safety, and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this chapter; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this chapter, or of violating accepted engineering methods involving public safety.
      (3)   Inspections. The ordinance official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible individual. The ordinance official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the City Administrator.
      (4)   Right of entry. The ordinance official may enter the structure or premises as with the approval of the owner to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the ordinance official is authorized to pursue recourse as provided by Minnesota law.
      (5)   Identification. The ordinance official shall carry proper identification when inspecting structures and premises in the performance of duties under this chapter.
      (6)   Notices, orders and citations. The ordinance official shall issue all necessary notices, orders, and citations to ensure compliance with this chapter.
      (7)   Department records. The ordinance official shall keep official records of all business and activities of the Department specified in the provisions of this chapter. Such records shall be retained in the official records as long as the building or structure to which the records relate remains in existence, unless otherwise provided for by other regulations.
      (8)   Coordination of inspections. Whenever in the enforcement of this chapter or another ordinance, the responsibility of more than 1 ordinance official of the jurisdiction is involved, it shall be the duty of the ordinance officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders.
   (F)   Approval.
      (1)   Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the ordinance official shall have the authority to grant modifications for individual cases, provided the ordinance official shall first find that special individual reasons makes the strict letter of the code impractical and modification does not lessen health, life, and fire safety requirements. The details of action granting modification shall be recorded and entered in Department files.
      (2)   Alternative materials, methods, and equipment. The provisions of this chapter are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this chapter, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the ordinance official finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness, fire resistance, durability, and safety.
      (3)   Required testing. Whenever there is insufficient evidence on compliance with the provisions of this chapter, or evidence that a material or method does not conform to the requirements of this chapter, or in order to substantiate claims for alternative materials or methods, the ordinance official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
         (a)   Test methods. Test methods shall be as specified in this chapter or by other recognized test standards. In the absence of recognized and accepted test methods, the ordinance official shall be permitted to approve appropriate testing procedures performed by an approved agency.
         (b)   Testing agency. All tests shall be performed by an approved agency.
         (c)   Test reports. Reports of tests shall be retained by the ordinance official for the period required for retention of records.
      (4)   Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
(Ord. 336, passed 6-6-2016)
§ 95.12  VIOLATIONS.
   (A)   Unlawful acts. It shall be unlawful for a person, firm, corporation or its agents be in conflict with or in violation of any of the provisions of this chapter.
   (B)   Notice of violation. The ordinance official shall serve written notice of violation, order or citation in the manner as set forth in § 95.13.
   (C)   Prosecution of violation. Any person failing to comply with a notice of violation or order shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the ordinance official shall institute the appropriate proceeding at law or equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
   (D)   Violation penalties. Any person who shall violate a provision of this chapter, or fail to comply wherewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
   (E)   Enforcement. The remedies provided in this chapter are not exclusive. They are in addition to and do no supersede or preempt other remedies such as injunctive relief, hazardous building condemnation, elimination of public health and safety hazards under Minnesota Statutes, or criminal charges for violation of substantive provisions of any city or state ordinance relating to housing maintenance, health, fire safety, building or zoning. Further, the remedies in this chapter do not supersede or affect the legal rights or remedies of tenants provided under state law or other chapter provisions.
   (F)   Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure or premises.
(Ord. 336, passed 6-6-2016)  Penalty, see § 95.99
§ 95.13  NOTICES AND ORDERS.
   (A)   Notice to person or persons responsible. Whenever the ordinance official determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in divisions (B) and (C) of this section to the person or persons responsible for the violation as specified in this chapter.
   (B)   Form. Such notice prescribed in division (A) of this section shall be in accordance with all of the following:
      (1)   Be in writing;
      (2)   Include a description of the real estate sufficient for identification;
      (3)   Include a statement of the violation or violations and why the notice is being issued;
      (4)   Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this chapter;
      (5)   Inform the property owner of the right to appeal;
      (6)   Include a statement of the right to file a lien in accordance with § 95.04(C); and
      (7)   Include notice that a motion for summary enforcement will be made to the District Court of Murray County unless corrective action is taken, or unless an answer is filed within the time specified by the ordinance official.
   (C)   Methods of service. Such notice shall be deemed to be properly served if a copy thereof is:
      (1)   Delivered personally or posted in a conspicuous place in or about the structure affected by such notice;
      (2)   Sent by certified or first-class mail addressed to the last known address; or
      (3)   If the notice is returned showing that the letter was not delivered, a copy thereof shall be placed in or about the structure affected by such notice.
   (D)   Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the ordinance official and shall furnish to the ordinance official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(Ord. 336, passed 6-6-2016)  Penalty, see § 95.99
§ 95.14  NUISANCE BOARD.
   (A)   Establishment and composition. A Nuisance Board which shall be comprised of 3 members, all of whom shall be residents of the city and shall serve staggered 3-year terms, is hereby established. The members of the initial Nuisance Board shall serve 1, 2, and 3-year terms respectively. All appointments for a full term or to fill a vacancy for an unexpired term shall be made by the Mayor with the approval of the Council and a member may be removed in the same manner for misconduct or neglect. No more than 1 Council member shall be a member of the Board. Members shall receive no compensation for their services, but may be reimbursed for actual and necessary travel expenses incurred in the discharge of Board duties and activities.
   (B)   Officer and proceedings. The Board shall elect 1 of its members as Chairperson. The nuisance official's office shall keep an accurate record of its proceedings. Meetings will be held at the call of the nuisance official after an owner of real estate in the city requests a hearing to determine if a nuisance exists on the owner's real estate.
   (C)   Duties. The Nuisance Board shall conduct a hearing, as soon as practicable, whenever an owner of real estate wants to contest that a nuisance exists on his or her real estate. The Board may also decide on matters of enforcement conditions, which includes but is not limited to the amount of time that an individual will be given to become compliant.
   (D)   The Board shall consider both written and oral testimony at the hearing. Following the close of the hearing, the Board shall mail its decision to the owner within 10 business days following the hearing.
   (E)   If the Nuisance Board determines that a nuisance exists, the Board shall inform the owner by written notice of what is required to abate the nuisance and the amount of time the owner has to abate the nuisance. The notice shall also inform the owner that if the nuisance is not abated within the time specified, the city has the right to abate the nuisance and recover all costs, including, administrative costs, to abate the nuisance in the manner provided in § 95.10 or proceed to obtain a Summary Enforcement Order from the District Court.
(Ord. 336, passed 6-6-2016)
§ 95.15  MEANS OF APPEAL.
   (A)   Application for appeal. Any person directly affected by a decision of the ordinance official or a notice or order issued under this chapter shall have the right to appeal to the Nuisance Board provided that a written application for appeal is filed within 10 days after the day the decision, notice, or order was served. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other means.
   (B)   Disqualification of member. A Board member shall not hear an appeal in which that member has a personal, professional, or financial interest.
   (C)   Notice of meeting. The Nuisance Board shall meet to hear the appeal upon proper notice as determined by M.S. Ch. 13D et seq.
   (D)   (1)   Open hearing. All hearings before the Nuisance Board shall be open to the public. The appellant, the appellant's representative, the ordinance official, the ordinance official's representative, and any other person whose interests are affected shall be given an opportunity to be heard.
      (2)   Procedure. The Nuisance Board shall adopt and make available to the public through the City Clerk/Administrator, procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
   (E)   Nuisance Board decision. The Nuisance Board shall modify or reverse the decision of the ordinance official only by a vote of a majority of the total number of Board members.
      (1)   Records and copies. The decision of the Nuisance Board shall be recorded. Copies shall be furnished to the appellant and to the ordinance official.
      (2)   Administration. The ordinance official shall take immediate action in accordance with the decision of the Nuisance Board.
   (F)   Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the Clerk/Administrator.
   (G)   Stays of enforcement. Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Nuisance Board.
(Ord. 336, passed 6-6-2016)
§ 95.16  EXTERIOR PROPERTY AREAS.
   The owner of any premises shall comply with the following requirements:
   (A)   Sanitation. All exterior property areas shall be maintained free from any accumulation of garbage, mixed municipal solid waste, solid waste, rubbish, animal feces or refuse;
   (B)   (1)   Grading and drainage. All premises shall be graded and maintained in a manner which, without causing erosion of the soil, allows water to drain away from occupied structures and which will minimize the accumulation of water on such premises;
      (2)   Exception. Approved retention areas and reservoirs;
   (C)   Ground cover. Every residential premises shall be maintained in a condition to control erosion, dust, and mud by suitable landscaping with grass, trees, shrubs, or other planted ground cover or by paving with asphalt, concrete, or by such other suitable means which complies with the applicable provisions of the zoning ordinance;
   (D)   Insect and rodent infestations. It shall be the responsibility of the owner and the occupant to control or eliminate any infestation of insects, rodents or other pests in all exterior areas and accessory structures on the premises;
   (E)   Accessory structures. All accessory structures, including but not limited to detached garages, sheds, and fences, shall be maintained structurally sound and in good repair. All exterior wood surfaces or exterior surfaces constructed of a material other than wood which needs paint or protective cover or treatment to protect the surface from the elements, other than decay-resistant woods, shall be protected from the elements and decay by paint which is not lead-based paint or by other protective covering or treatment. Service doors to residential garages shall be provided with securing locks. Fences and similar structures constructed within a residential district shall be constructed of a material sold and designed for such uses. Materials not permitted for fence construction are detailed in § 95.04(Y);
   (F)   Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous condition;
   (G)   Exhaust vents. Pipes, ducts, conductors, fans, or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant; and
   (H)   Defacement of property. No person shall willfully or wantonly damage, mutilate, or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving, or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
(Ord. 336, passed 6-6-2016)
Loading...