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Page 2 of 2 <br /> <br />6. The operation and maintenance of a fire protection system; or <br />7. Rubbish, garbage and debris removal from private property. <br /> <br />The proposed amendments would be consistent with Minnesota State Statute and will clarify what <br />kinds of nuisance violations the City would be able to abate, these items are necessary to include <br />on a notice to abate a property and how the notice may be served. Under the new language the <br />abatement process for the violations identified above could be reduced to two (2) weeks. In <br />addition, the City Council, in its discretion, may still schedule a hearing for the purpose of giving <br />the property owner the opportunity to appear before the council to respond to a notice of violation, <br />but this would not be required in every case. <br /> <br />This process does not replace the accelerated abatement process. If a property continues to violate <br />City Code, the enforcing officer would then recommend the City Council utilize the accelerated <br />abatement process. The City Attorney has reviewed the proposed amendment and has no concerns. <br /> <br />Case Study – Long Grass <br /> <br />Staff receives a complaint via RequestTracker regarding tall grass and noxious weeds located on <br />a property with a single family detached home in a residential neighborhood. An enforcing officer <br />investigates the complaint and after approaching the property determines that there is a tall grass <br />violation on the property. The enforcing officer takes a photo of the violation documenting the <br />location and the nature of the violation and mails a notice of violation to the property owner on <br />record with a deadline to correct the nuisance within 7 days. The notice identifies the property in <br />violation, the property owner, the nature of the violation, and the course to correct the violation. <br /> <br />The enforcing officer returns on the 8th day after the notice was mailed and determines that the <br />violation has not been corrected. The enforcing officer mails a final notice to the property owner <br />on record explaining that the violation was not corrected upon follow up inspection and if the <br />violation is not corrected by the date specified in the final notice, the property will be abated by <br />the City at the owner’s expense. The enforcing officer returns on the 8th day after the final notice <br />was mailed and determines that the property is still in violation. City staff receives no comments <br />from the owner of the property in violation throughout this process and the enforcing officer has <br />made every effort to contact the owner on record. <br /> <br />The enforcing officer contacts and receives bids from local contractors to abate the property. The <br />enforcing officer hires a contractor and takes a photo of the violation shortly before the contractor <br />begins the abatement. After the abatement is complete, the inspector takes a photo of the property <br />afterwards to document completion. The contractor will send the City a bill for their services, <br />which the City will charge back to the property. <br /> <br />Budget Impact <br /> <br />N/A <br /> <br />Attachments: <br /> <br />A. 602.05 General Abatement Procedure Redline <br />B. 602.05 General Abatement Procedure