For violations of this chapter or any license issued under this chapter, the county may take any of the actions provided for in this section. These actions shall not be deemed cumulative and the county may use any or all of the actions in its discretion.
(A) Warning notice. The department may issue a warning notice as defined in this chapter to any person or landowner alleged to have committed a violation of this chapter or any license. A warning notice shall serve to place the person on notice that compliance with specified ordinance requirements shall occur to avoid additional enforcement actions. The department is not required to issue a warning notice before the county proceeds with other enforcement action.
(B) Notice of violation (NOV). The department may issue a notice of violation (NOV) as defined in this chapter to any person or landowner alleged to have committed a violation of this chapter or any license. A NOV shall serve to place the landowner and the person alleged to have committed a violation on notice that compliance with specified ordinance requirements shall occur to avoid additional enforcement actions. The department is not required to issue a NOV before the county proceeds with other enforcement action.
(C) Misdemeanor citation. Any person within the county who violates this chapter or any license, or who shall permit such a violation to exist on the premises under his control, or who shall fail to take action to abate the existence of the violation, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished therefore, as provided by law. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The county, MPCA, Law Enforcement Officers, or their designees, may issue citations for violations of this chapter or any license. The citation shall be issued to the person charged with the violation, or in the case of a corporation, to the supervisor at the site of the violation or any officer or MPCA expressly implied authorized to accept such issuance.
(D) Abatement. In the event of an emergency abatement by the county as described in division (D)(6) below, or if a property owner does not complete corrective actions within the timelines given in a NOV, a stipulation agreement, a court order, or any other notice to correct a violation, the department may abate the violations by performing the corrective actions and may recover the costs of the abatement action from the property owner through the following procedures:
(1) Abatement order. An abatement order shall include the following:
(a) Notice that the property owner has not completed the corrective actions within the time period required in the NOV(s), stipulation agreement, court order, or other notice;
(b) Notice that the department or its agent intends to enter the property and commence abatement of the conditions on the property that violate this chapter within a specified period;
(c) Notice that the property owner shall correct the violation(s) before expiration of the specified period to avoid any civil liability for the costs of inspection and abatement that the county may incur; and
(d) A statement that if the property owner desires to appeal the abatement order, the property owner shall file with the department a request for an appeal hearing with the County Board that meets the requirements of division (D)(3) below within ten calendar days, exclusive of the day of service.
(2) Service. The abatement order shall be served on a property owner by certified mail or personal service. Service by certified mail shall be deemed complete upon mailing. If the property owner is unknown or absent and has no known representative upon whom the abatement order can be served, the department shall post the abatement order at the property. The posting shall constitute the notice required under this section. The department shall send a copy of the abatement order to the County Attorney’s Office.
(3) Right to appeal the abatement order.
(a) Request for hearing. The property owner’s request for a hearing shall be in writing and shall state the grounds for appeal and be served personally or by certified mail on the department no later than the close of regular county business hours on the tenth calendar day following service of the abatement order. Following receipt of a request for a hearing, the County Board shall set a time and place for the hearing to be held pursuant to this section.
(b) Stay of order. Pending the appeal hearing and final determination by the County Board the department shall take no further action on the abatement order.
(4) Abatement by the county. In the event a property owner does not abate the ordinance violations or does not appeal the abatement order within the applicable time period, the department may expend funds necessary to abate the violation(s) in accordance with applicable county policies and procedures.
(5) Recovery of abatement costs.
(a) The department may pursue recovery of all costs, including enforcement costs, from the property owner for abatement incurred by the county, by any means allowable by law. The cost of any enforcement action may be assessed and charged against the real property on which the violations are located.
(b) The department shall keep a record of the costs of abatements done under this chapter and report all work done for which assessments are to be made, stating and certifying the description of the land, lots or parcels involved and the amount assessable to each to the County Auditor by September 1 of each year.
(c) On or before October 1 of each year, the County Auditor shall list the total unpaid charges for each abatement made against each separate lot or parcel to which they are attributable under this chapter to the County Board.
(d) The County Board may then spread the charges or any portion thereof against the property involved as a special assessment, for certification to the County Auditor and for collection the following year along with current taxes.
(6) Emergency abatement by county. In the event of an imminent threat to the public’s health, welfare and safety, the department shall have the authority to immediately enter on to the property and abate the violations and recover the costs as set out in division (D)(5) above. The department shall attempt to give verbal notice to the property owner as soon as practicable and written notice within ten county working days. The property owner shall have the right to appeal the assessment of costs to the County Board pursuant to this section.
(E) Stipulation agreement. The department and a person alleged to have violated provision(s) of this chapter may voluntarily enter into a stipulation agreement, whereby the parties to the agreement: identify conditions on the property that require corrective action; agree on the corrective actions that shall be performed by the person; and agree on the timelines in which the corrective actions shall be completed. If the timelines have not been met as agreed in the stipulation agreement, the county may abate the violations in accordance with division (D) above. The parties may seek compliance with the terms of the stipulation agreement through a court of competent jurisdiction.
(F) License revocation. Any license granted pursuant to this chapter may be revoked by the department for violation of any provision of this chapter or any provision of a license.
(G) Status of financial assurance. Financial assurance issued for the facility shall remain in full force and effect during all periods of suspension, emergency suspension and revocation of the license and is subject to claim by the county in accordance with the provisions of this chapter and the license.
(H) Commencement of a civil court action. In the event of a violation or a threat of violation of this chapter or any license, the County Attorney may also institute other appropriate civil actions or proceedings in any court of competent jurisdiction, including requesting injunctive relief, to prevent, restrain, correct or abate such violations or threatened violations. The county may recover all costs, including reasonable attorney’s fees, incurred for enforcement of this chapter or license through a civil action. If a property owner does not complete the corrective actions within the timelines in a court order, the department may correct the violations and the department has the authority to enter the property and perform the corrective actions. The department may recover the costs of the same from the property owner through the court process or through the process set out in division (D)(5) above.
(Ord. 22-2, passed 10-25-2022)