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Last modified
5/13/2009 2:34:37 PM
Creation date
5/13/2009 2:31:00 PM
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General
Document
Definition and Regulation of Nuisances
General - Type
Ordinance
Date
2/18/2009
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<br />602.06 <br /> <br />602.07 <br /> <br />council hearing shall be served by posting it on the premises. Notice of <br />council hearing shall specify the time, date and place of the hearing and <br />indicate that the property owner can appear at that time. At the conclusion of <br />the hearing, the City Council shall determine whether to issue an abatement <br />order. <br /> <br />3. Notice of Citv Council Order. Except for those cases determined by the City <br />to require emergency abatement, the written notice of a any city council <br />order to abate shall be served upon the owner of record, or the owner's agent, <br />if an agent is in charge of the building or property, and upon the occupying <br />tenant, if there is one, and upon all lien holders of holder of record in the <br />manner provided for service of a summons in a civil action. If the owner <br />cannot be found, the order shall be served upon the owner by posting it at the <br />main entrance to the building, or if there is no building, in a conspicuous <br />place on the property and by four (4) weeks publication in the official <br />newspaper of the City. A copy of the order with proof of service shall be <br />filed with the court administrator of the district court. At the time of filing of <br />the city council's order, the City shall file for record with the county recorder <br />or registrar of titles a notice of the pendency of the proceeding, describing <br />with reasonable certainty the lands effected and the nature of the order. In <br />all other respects, the City's service and order shall comply with the <br />provisions of Minn. Stat. 463.17. <br /> <br />Emerl!encv Abatement Procedure/Summary Enforcement. In the case of an <br />emergency, where a delay in abatement of a nuisance will occur because of the time <br />necessary during normal review procedures as defined in section 602.05 will permit <br />a continuing nuisance to unreasonably endanger public health, safety or welfare, the <br />city council may order summary enforcement and abate the nuisance. To proceed <br />with summary enforcement, the officer charged with enforcement shall determine <br />that a public nuisance exists or is being maintained on premises in the city and that <br />delay in abatement of the nuisance will unreasonably endanger public health, safety, <br />or welfare. The enforcement officer shall notify in writing the occupant or owner of <br />the premises of the nature of the nuisance and of the city's intention to seek <br />summary enforcement and the time and place of the council meeting to consider the <br />question of summary enforcement. The City Council shall determine whether or not <br />the condition identified in the notice to the owner or occupant is a nuisance, whether <br />public health, safety, or welfare will be unreasonably endangered by delay in <br />abatement required to complete the procedure set forth in subdivision 602.05, and <br />may order that such nuisance be immediately terminated or abated. If the nuisance is <br />not immediately terminated or abated, the city council may order summary <br />enforcement and abate the nuisance. <br /> <br />Accelerated Abatement Procedure. In order to more efficiently abate the <br />recurring general nuisances which are defined in this section, the City Council's <br />abatement order may indicate that it will remain in effect for a two (2) year period <br />and will authorize the City's code enforcement officers to take corrective actions <br />during such period in regard to the removal of tall grass, nuisance weeds and other <br /> <br />5 <br />
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