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2005-08-02 P & Z Agenda
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2005-08-02 P & Z Agenda
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<br />doors, or windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare <br />of the public and a public nuisance. <br /> <br />. <br /> <br />C) Hazardous building declaration. In the event that a rental dwelling has been declared unfit <br />for human habitation and the owner has not remedied the defects within a prescribed reasonable <br />time, the dwelling may be declared a hazardous building and be abated by repair, rehabilitation, <br />demolition or removal in accordance with the procedure specified in M.S. SS 463.15 et seq., <br />related to hazardous and substandard buildings. <br /> <br />D) Compliance order. <br /> <br />1 )Whenever the Compliance Official determines that any rental dwelling, or rental <br />dwelling unit or the premises surrounding any of these, fails to meet the provisions of this <br />chapter, he or she may issue a compliance order setting forth the violations of the ordinance and <br />ordering the owner, occupant, operator or agent to correct the violations. <br /> <br />2) This compliance order shall: <br /> <br />( a) Be in writing; <br /> <br />(b) Describe the location and nature of the violations of this chapter; <br /> <br />(c) Establish a reasonable time for the correction of the violation and notiry of appeal <br /> <br />recourse; <br /> <br />(d) Be served upon the owner or its agent or the occupant, as the case may require, <br />and the notice shall be deemed to be properly served upon the owner or agent, or upon any <br />occupant, if a copy thereof is: <br /> <br />(i) Served upon the owner, agent or occupant personally; or <br /> <br />(ii) Sent by certified mail to its last known address. <br /> <br />E) Right of appeal. When it is alleged by any person to whom a compliance order is directed <br />that the compliance order is based upon erroneous interpretation of this chapter, the person may <br />appeal the compliance order to the City Council sitting asa Board of Appeals. The appeals must <br />be in writing, must speciry the grounds for the appeal, must be accompanied by a filing fee, as set <br />forth by resolution of the City Council, from time to time, in cash or cashier's check, and must be <br />filed with the Compliance Officer within five business days after service of the compliance order. <br />The filing of an appeal shall stay all proceedings in furtherance ofthe action appealed from, <br />unless a stay would cause imminent peril to life, health or property. <br /> <br />F) Board of Appeals decision. Upon receipt of an appeal of a compliance order a hearing shall <br />be held before the City Council, serving as the Board of Appeals, at its next regularly scheduled <br />meeting. The Board of Appeals shall make a determination concerning the validity of the appeal. <br />The Board of Appeals may reverse, modiry or affmn, in whole or in part, the compliance order <br />and may order return of all or part of the filing fee if the appeal is upheld. <br />
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