(A) Health Authority owner notification. Upon declaration of a public health nuisance, the Health Authority shall give written notice of its determination and orders to abate the nuisance to the owner, occupant and property agent, if applicable. This notice shall be served in person, by certified mail or by an officer authorized to serve a warrant and contain the following:
(1) Property location by street address, property identification number or other property description;
(2) Information identifying the nature of the public health nuisance at the property;
(3) A summary of the owner’s and occupant’s responsibilities under this chapter;
(4) Specific orders for abatement or remediation of the public health nuisance;
(5) A date for completion of the abatement not to exceed ten county business days following the receipt of the notice unless a shorter time is required due to the Health Authority’s further determination that the immediate abatement is necessary to protect the public’s health and safety. In such cases, the reason for a shortened abatement period shall be specified; and
(6) Information regarding a right of appeal as provided in § 93.27 of this chapter and that, unless the threat to public health is abated or removed in accordance with the terms of the notice, the Health Authority will have the public health nuisance abated or removed at the expense of the owner under the provisions of M.S. § 145A.08, as it may be amended from time to time, this chapter or other applicable state or local law.
(B) Unknown or absent property owner. In the event the owner of the property is unknown or absent and has no known representative upon whom the notice can be served, the Health Authority shall post a written or printed notice on the property stating that, unless the threat to the public health is abated or removed within the ten county business days, the Health Authority will have the public health nuisance abated or removed at the expense of the owner under the provisions of M.S. § 145A.08, as it may be amended from time to time, this chapter or other applicable state or local law.
(C) Public notification. The Health Authority shall provide information in writing about the public health nuisance declaration and potential hazard(s) to the following persons as applicable and appropriate:
(1) Child protection unit in situations of potential child maltreatment or endangerment;
(2) Adult protection unit in situations of potential vulnerable adult maltreatment or endangerment;
(3) Neighbors in close proximity likely to be affected by the conditions found at the site;
(4) The local municipal clerk, city administrator or other city official;
(5) Local law enforcement officials; or
(6) Other state and local authorities that may have public safety or environmental protection responsibilities.
(D) Warning sign. The Health Authority shall post a warning sign when deemed necessary to further protect the public health and safety. The warning sign shall be posted on the entrance(s) of the structure or property and contain information sufficient to alert visitors or returning occupants to the site that it may be dangerous to enter and that entry is prohibited unless authorized by the Health Authority or the law enforcement department posting the sign. Any person other than the Health Authority or its designated agent that removes a warning sign shall be in violation of this chapter.
(E) Health Authority abates nuisance. If the owner, property agent or occupant, fails or neglects to comply with the requirements in the notice provided under division (A) above, then the Health Authority shall abate or remediate the public health nuisance described in the notice. The Health Authority will recoup such costs as necessary to abate the public health nuisance as provided in § 93.26 of this chapter and M.S. § 145A.08, as it may be amended from time to time.
(F) Vacating the public health nuisance order. Upon Health Authority verification of proper abatement, remediation or removal at the site, the Health Authority shall issue written notice to those persons served notice under division (A) above that the public health nuisance order is vacated. Notice shall also be provided, as applicable and appropriate, to those persons provided information under division (C) above.
(Ord. 11-06, passed 11-29-2011)