(A) Issuance. Whenever the Building Inspector determines that any rental dwelling unit, or the premises surrounding any rental dwelling, fails to meet the provisions of this chapter, a compliance order may be issued setting forth the violations and ordering the owner, occupant, operator or agent to correct the violation. This compliance order shall be in writing, describe the location and nature of the violations of this chapter and establish a reasonable timeframe for the correction of the violation and notify of appeal recourse. Be served upon the owner and occupant. The notice shall be deemed to be properly served upon the owner and occupant, if a copy of the order is:
(1) Served personally;
(2) Sent by registered mail to last known address; or
(3) Upon failure to place notice through subsections (1) and (2), posted at a conspicuous place in or about the dwelling that is affected by the order.
(B) Right of appeal. When it is alleged by any person to whom a compliance order is directed that the compliance order is based upon an erroneous interpretation of this chapter, the person may appeal the compliance order to the City Council within 30 days of the receipt of a compliance order.
(C) Reinspection. The Building Inspector shall reinspect the property to determine if the owner has complied with the compliance order. If compliance has not been completed upon reinspection, the owner or occupant shall be assessed a reinspection fee, in an amount determined by the City Council for that reinspection and each subsequent reinspection for compliance. Failure to pay the reinspection fee shall constitute a failure to comply with this chapter.
(D) Execution of compliance orders. Upon the failure to comply with a compliance order within the time set and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set, any criminal penalty notwithstanding, the City Council may cause the cited deficiency to be remedied as set forth in the compliance order. If the cost of cleanup is not paid, the City Council may certify to the County Auditor-Treasurer by November 30 all unpaid, outstanding costs of cleanup, including staff costs of operating machinery and materials needed to complete a cleanup and a description of the lands against which the costs arose. It shall be the duty of the County Auditor-Treasurer, upon order of the City Council, to extent the assessments with interest not to exceed the interest rate provided for in M.S. § 279.03, Subdivision 1; or successor statutes, upon the tax roles of the county for the taxes of the year in which the assessment is filed. For each year ending November 30, the assessment with interest shall be carried into the tax becoming due and payable in January of the following year, and shall be enforced and collected of real and/or personal property taxes in accordance with the provisions of the laws of the state. The assessment, if not paid, shall become delinquent and be subject to the same penalties and the same rate of interest as the taxes under the general laws of the state. This action shall not preclude the City Council from seeking civil or criminal penalties from persons responsible.
(Ord. 08-04, passed 10-14-08)