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§ 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)
§ 95.17  EXTERIOR STRUCTURE.
   The owner of any premises shall comply with the following requirements:
   (A)   Foundations, walls, chimneys, roofs, and other exterior surfaces. Every foundation, chimney, exterior wall, roof, and all other exterior surfaces shall be maintained in a professional state of maintenance and repair.
      (1)   The foundation elements shall adequately support the building at all points;
         (a)   All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed deal and live loads; and
         (b)   All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
      (2)   Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit dampness to the interior portions of the wall or to the interior spaces or structures.
      (3)   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.
      (4)   (a)   The roof shall be tight, impervious to water, and have no defects which admit water or dampness to the interior of the building. No building roof shall be used for storage of any materials, things, or objects unless approved by the enforcement officer; and
         (b)   Roof drains, gutters, and downspouts shall be maintained in good repair and free from obstructions.
      (5)   All exterior surfaces shall be of a material manufactured and processed specifically for use in a weather-exposed location, including roofing, exterior painted wood, masonry, exposed redwood and other suitable materials. Exterior walls shall be maintained and kept free from dilapidation, including those conditions caused by extensive cracking, tears, or breaks and by extensively deteriorated plaster, stucco, plastic, brick, wood or other materials or combinations of materials.
      (6)   The exposed surface of exterior walls on a building above ground level shall be maintained in a professional state of maintenance and repair, which will provide both sufficient covering and sufficient protection of the true surface underneath against its deterioration. Without limiting the generality of this section, an exposed surface shall be deemed not to be maintained in a professional state of repair if either of the following conditions exist:
         (a)   The painted surface area is blistered, cracked, flaked, scaled or chalked away and such conditions, extend over more than 25% of the surface area of any plane or wall or area, including porch trim, cornice members, porch railings and such other areas;
         (b)   More than 10% of the pointing of any masonry chimney or more than 25% of the pointing of any masonry wall is loose, has fallen out or otherwise does not exist; and
         (c)   All metal surfaces which can rust or corrode shall be shall be tight, impervious to water, have no defects which admit water or dampness to the interior of the building, and be structurally sound.
      (7)   Any exterior surface required to be repaired under provisions of this section shall be repaired in its entirety to make it weather-tight, watertight and rodent and insect proof.
   (B)   (1)   Stairs, porches, decks, and railings. Every outside stair and every porch and deck shall be constructed in a professional manner, shall be capable of supporting a load, and shall be maintained and kept in a professional state of maintenance and repair.
      (2)   Stairs, steps, porches, decks, handrails, balustrades, and guardrails deemed hazardous by the enforcement officer shall be corrected so as to be in a state of maintenance and repair.
   (C)   Windows, exterior doors, basement hatchways. Every window, exterior door, and basement hatchway shall be kept weather-tight, watertight and rodent/insect proof and shall be kept in a professional state of maintenance and repair.
      (1)   Every window shall be fully supplied with window panes which are without open cracks or holes.
      (2)   All window screens shall be in good condition and without open tears or holes.
      (3)   Every window sash shall be in good condition and fit tight within its frame.
      (4)   Every exterior door, including but not limited to a storm door, shall have hinges and a latch which shall be in good condition and capable of keeping the door closed at all times. Every exterior door shall be maintained in a professional state of maintenance and repair. If the exterior door requires screens or storm windows, the screens and storm windows shall be provided and maintained in good condition and without tears or holes.
      (5)   Every exterior door when closed shall fit tightly within its frame.
      (6)   Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as completely to exclude rain or similar elements and to substantially exclude wind from entering the structure.
      (7)   Every basement hatchway and window opening shall be maintained in a professional state of repair and shall be so constructed and maintained as to prevent the entrance of rains and surface drainage water into the structure, prevent the entrance of animals, whether domesticated or non-domesticated, and shall be rodent-proof and insect-proof.
   (D)   Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
   (E)   Overhang extensions. All overhang extensions including but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition.
(Ord. 336, passed 6-6-2016)
§ 95.18  WATER SYSTEM.
   Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices, and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
(Ord. 336, passed 6-6-2016)
§ 95.19  SANITARY DRAINAGE SYSTEM.
   (A)   General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
   (B)   Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
(Ord. 336, passed 6-6-2016)
§ 95.20  STORM DRAINAGE.
   General. Drainage of roofs and paved areas, yards, and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
(Ord. 336, passed 6-6-2016)
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