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Ordinance No. 83 Housing Maintenance Code Page 11 of 12
<br />3. Establish a reasonable time for the correction of such violation and notify of appeal recourse.
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<br />4. Be served upon the owner or his agent or the occupant, as the case may require. Such notice shall be deemed to
<br />be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is:
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<br />1. Served upon him personally, or
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<br />2. Sent by registered mail to his last known address, or
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<br />3. Upon failure to effect notice through (1) and (2) as set out in this Section, posted at a conspicuous place in or
<br />about the dwelling which is affected by the notice.
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<br />2. Right of Appeal. When it is alleged by any person to whom a compliance order is directed that such compliance
<br />order is based upon erroneous interpretation of this Ordinance, such person may appeal the compliance order to the
<br />City Council sitting as a Board of Appeals and Adjustments. Such appeals must be in writing, must specify the
<br />grounds for the appeal, must be accompanied by a filing fee as established by the City Council in cash or cashier’s
<br />check, and must be filed with the City Clerk within five (5) business days after service of the compliance order. The
<br />filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would
<br />cause imminent peril to life, health, or property.
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<br />3. Board of Appeals Decision. Upon at least five (5) business days’ notice to the appellant of the time and place for
<br />hearing the appeal, and within thirty (30) days after said appeal is filed, the Board of Appeals and Adjustments shall
<br />hold a hearing thereon. The Board of Appeals and Adjustments may reverse, modify, or affirm, in whole or in part,
<br />the compliance order and may order return of all or part of the filing fee if the appeal is upheld.
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<br />4. Restrictions on Transfer of Ownership. It shall be unlawful for the owner of any dwelling, dwelling unit, or
<br />rooming unit upon whom a pending compliance order has been served to sell, transfer, mortgage, lease or otherwise
<br />dispose thereof to another person until the provision of the tag or compliance order have been complied with unless
<br />such owner shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance
<br />order and shall obtain and possess a receipt of acknowledgement. Anyone securing an interest in the dwelling,
<br />dwelling unit, or rooming unit who has received notice of the existence of a violation tag or compliance order shall be
<br />bound by same without further service of notice upon him and shall be liable to all penalties and procedures provided
<br />by this Ordinance.
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<br />5. Penalties. Any person who fails to comply with a compliance order after right of appeal has expired, and any person
<br />who fails to comply with a modified compliance order within the time set therein, upon conviction therefore shall be
<br />punished as hereinafter provided for conviction of violation of this Ordinance.
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<br />6. Execution of Compliance Orders by Public Authority. Upon failure to comply with a compliance order within the
<br />time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within
<br />the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may by resolution
<br />cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien
<br />against the subject real estate and may be levied and collected as a special assessment in the manner provided by
<br />Minnesota Statutes, Chapter 429, but the assessment shall be payable in a single installment.
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<br />Section 14. Alternative Sanctions. Notwithstanding the availability of the foregoing compliance procedures and the penalties,
<br />whenever the Compliance Official determines that any dwelling, dwelling unit, or rooming unit or the premises surrounding
<br />any of these fails to meet the requirements set forth in this Ordinance, the Compliance Official may issue a violation tag
<br />summoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant.
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<br />Section 15. Penalties. In addition to any fines, costs, or assessments provided for by this Ordinance or other City Ordinances,
<br />the City may prosecute a violation of any provision of this Ordinance as a misdemeanor, and a person, if convicted, may be
<br />punished by the maximum fine and term of imprisonment provided by Minnesota Statutes § 609.02, subd. 3, as that statute
<br />may be amended from time to time.
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<br />Section 16. Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by
<br />any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part
<br />thereof, other than the part held to be invalid.
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<br />Section 17. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication.
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