(A) Unlawful acts. It is unlawful for any person to permit real property under his or her control to be used to maintain a public nuisance, or let the same to another knowing it is to be so used.
(B) Abatement.
(1) Notice and abatement procedure. Any public nuisance as described in § 130.08, unless otherwise provided for in this section, shall be abated in accordance with the following procedure.
(a) Any peace officer or designated official, upon complaint or after investigation, may order a public nuisance abated by written notice to the owner of record as determined by the County Auditor and any known tenants.
(b) Such written notice shall specify 48 hours or such longer time as is reasonable for the abatement of such nuisance.
(c) Such written notice shall be served upon the owner and lessee and occupant of the premises and shall be served either personally or by certified mail.
(d) The owner shall have until the date and time specified on the written notice to abate the nuisance or appeal the written notice in writing to the City Council.
(e) In the event the owner appeals the written notice, abatement shall be stayed until the City Council rules on the appeal.
(f) In the event the City Council rules against the owner, the City Council may stay enforcement of the written notice for such period of time as determined by the City Council.
(g) In the event the owner shall not abate the public nuisance in accordance with the written notice or appeal the written notice to the City Council in writing, the peace officer or designated official may order such nuisance abated by the city, its agents or employees.
(h) Any personal property removed from the abated property shall be held by the city for a period of 14 days. The city shall provide written notice to the owner, lessee, and occupant of the abated property of the fact that personal property is being held by the city. Upon payment of all storage costs, the owner of the personal property may retrieve the personal property; provided, that the personal property is not returned in such a manner to any location within the city limits so as to constitute a nuisance as defined in this section. If the owner of the personal property fails to reclaim the personal property within two weeks as provided for herein, the city may sell or dispose of the personal property. Any proceeds obtained from the sale of the personal property shall be used to offset the abatement costs. The city shall be under no obligation to sell the personal property.
(2) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety.
(C) Recovery of cost.
(1) Personal liability. The owner of premises on which a nuisance has been abated by the city 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 Administrator 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 Administrator.
(2) Assessment.
(a) 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, or unsound or insect-infected trees, the City Administrator 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, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable.
(b) The Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the Council may determine in each case.
(2006 Code, § 10.41) (Ord. 131, 3rd Series, passed 7-24-1998; Ord. 200, 3rd Series, passed 4-14-2005) Penalty, see § 130.99