(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DWELLING. Any one-family rental dwelling or multiple-unit dwelling. DWELLING includes both the building or structure and the land upon which it is located.
ENFORCEMENT OFFICER. The Neighborhood Services Officer and any inspector under his or her supervision and control and also includes any city officer or employee charged with responsibility for the enforcement of a safety code.
NUISANCE DWELLING. Any dwelling which has been found, upon inspection by the Neighborhood Services Officer, to be in violation of any provision of any applicable safety code on three separate dates in any 12-month period.
OWNER. The person, firm, corporation or other entity listed in the records on file in the Recorder's office as holding fee title to the dwelling or if not so listed, then as a purchaser by contract for deed. If no such person is so listed, the OWNER for the purpose of this section shall be any adult occupant of the dwelling.
RECORDER'S OFFICE. The Recorder's office is the Nobles County Recorder's office and any successor agency or department thereof.
SAFETY CODE. Any fire, housing, health, safety or other similar code, law and ordinance, promulgated or enacted by the United States, the State of Minnesota, the County of Nobles and the City of Worthington or any lawful agency or department thereof, which are applicable to a dwelling in such city.
SUBSTANTIAL VIOLATION OF A SAFETY CODE. A substantial violation of a safety code is one which presents a distinct hazard to the public health, welfare or safety of persons or property.
(B) Consent to inspection. If a dwelling is found to have a substantial violation of a safety code subsequent to date of such finding, the owner and occupant of the dwelling shall be deemed to consent to additional inspections of the property by the Neighborhood Services Officer or other enforcement officer during the 12-month period from after the date of the first substantial violation of a safety code. Such inspections shall be made at reasonable times.
(C) Registration of a nuisance dwelling.
(1) Registration. Any dwelling meeting the definition of a nuisance dwelling shall be deemed, on the date of the third inspection in such 12-month period, to be registered as a nuisance dwelling and subject to the additional provisions of this chapter, including the payment of a registration fee. Such registration shall remain in effect for a 12-month period beginning on the date of registration as a nuisance building.
(2) Additional requirements. Any dwelling deemed registered as provided in division (C)(1) shall not be occupied until it has a certificate that is fit for occupancy issued by the Neighborhood Services Officer or other appropriate authority. Failure to have such a certificate issued within 12 months from the date of registration shall subject such dwelling and its owner to all enforcement and remedial measures which may be applicable under law or ordinance.
(D) Multiple dwellings. If the owner of a registered nuisance dwelling also owns other dwellings in the city, each other dwelling so owned shall be deemed to be a nuisance dwelling and registered as such on the same date as the first but only if such building has, within the same 12-month period, been found upon inspection to be in violation of any applicable safety code. The owner of a registered nuisance dwelling shall be deemed to have consented to inspections of other buildings owned by the owner by allowing one dwelling to become a registered nuisance dwelling. All of such dwellings which are deemed to be additional nuisance dwellings shall be subject to all of the provisions of this chapter and to the payment of a separate registration fee for each. Such additional registrations shall also remain in effect for a 12-month period as provided in division (C). The additional requirements in division (C)(2) above shall also apply to such other dwellings as are deemed under this section to be nuisance dwellings.
(E) Registration fee.
(1) Initial payment. The owner of a nuisance dwelling shall be obligated to pay $250 to the city, payable within 15 days following the date of mailing of written notice to the last known address of the owner that such dwelling is a nuisance. Failure to do so shall be a misdemeanor.
(2) Recover actual costs. The fee shall be used for recovery of the city's actual costs in enforcement of this chapter. The Neighborhood Services Officer or other appropriate officer of the city shall from time to time determine whether such fee fully reimburses the city for its costs in responding to complaints, costs of inspections and administration, as well as costs of enforcement including inspectors and attorneys, for the period of time covering the three violations and the succeeding 12-month period of registration as a nuisance dwelling.
(3) Additional fee for multiple dwellings. An additional $250 fee shall be paid by the owner of a nuisance dwelling for each other dwelling owned by such owner which has, within the same 12-month period, been found upon inspection to be in violation of any applicable safety code. Such sums shall be used by the city to pay for inspections of such other dwellings together with the legal, administrative and other enforcement costs incurred by the city in so doing.
(F) Violations during period of registration.
(1) Continuance of registration. If the Neighborhood Services Officer or other enforcement officer finds, upon one or more inspections, that any registered nuisance dwelling has one or more violations of a safety code, the registration shall be continued for an additional consecutive 12-month period of registration and the owner shall pay an additional $250 registration fee as provided in division (E) above.
(2) Nuisance abatement procedures. If the enforcement officer finds, upon one or more inspections, that any registered nuisance dwelling:
(a) Has one or more substantial violations of a safety code;
(b) While registered has a documented and confirmed history as a blighting influence on the community;
(c) Has persistent and continuous violations of the provisions of any applicable safety code, even though not substantial; or
(d) During the second 12-month period of registration, has any violation of a safety code; then such dwelling may be:
1. Deemed to be a nuisance under Chapter 92 and subject to all enforcement and abatement procedures provided thereunder; and
2. Subject to all enforcement and remedial measures which may be applicable under law or ordinance, including acquisition by eminent domain to the extent authorized by law.
(G) No violations during period of registration. If the Neighborhood Services Officer or other enforcement officer does not find, during any 12-month period of registration as a nuisance dwelling, any violations of a safety code, then the dwelling shall no longer be deemed to be registered at the end of such 12-month period.
(H) Public list. The enforcement officer shall maintain a current list, updated weekly, of the addresses of all registered nuisance dwellings, together with, if available, the name of the owner thereof and the owner's address and telephone number. Such list shall be public information as and to the extent provided by law.
(I) Alternative procedures. Nothing in this section shall be deemed to supersede, amend or modify any other provision of this code or any safety code. This section is supplementary and in aid of existing law and is not intended to provide an exclusive remedy.
(Ord. 962, passed 4-12-04) Penalty, see § 10.99