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2023 01-17 CC PACKET
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2023 01-17 CC PACKET
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CITY COUNCIL PACKETS
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3) If the. City abates the public health nuisance, in add ition.to any legal remedy, it is entitled to <br />recover a]I costs associated with such abatement plus an: additiona] 25%p of the Citys costs for <br />administration. In -Ad dition to any other legal remedy, the City ntay recover costs. by civil action <br />against the person or persons who own%the property in the.matt er.that taxes and special <br />assessments Are. ccrtif.ed:and collected pursuant to Minnesota Statutes Section 4B.101. <br />10. Authority to Modify or Remove Declaration of Public Health Nuisance.. <br />1] The En v ironm en ta I Health Official is authorized to. modify the Declaration conditi.ons..or remove <br />the. Declaration of Public Health Nuisance. <br />2} Such modifications or removal of the Declaration shall. only occur after documentation from a. <br />qualified environmental or cleaning firm stating that the health and safety risks, including those to <br />neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe <br />occupancy of the dwelling. <br />Section 12..Enforcement. It shall be the dutyofthC.Co..uncil to enfor. Cc. the provisions of this Ordinance, and the <br />Council may; by resolution, delegate to other officers or agencies power to enforce particular provisions.:ofthis <br />Ordinance, including the.p.ower to inspect. private premises,. and.theofficers charged with enforcentent..of this.: <br />Ordinance shall take all reasonable precautions to:.prevent the. cominission.and in aintenance.vf public.nuisances: <br />Section 13. Powers of.Ofticers. Whenever, in the judgement of the officer charged with enforcement, it is. <br />determined upon investigation that public nuisance is being maintaiiied.or exists within the City. such officer shall <br />notify in writing the person committing or maintaining such public iuisance and require hirri to terniiriate and abate <br />said nuisance.and to remove such conditionsor remedy such defects: Said written notice shall .be served on the <br />persori.committing or maintaining said.nuisance, in person or by registered. mail. If the. prcin ises are not occupied <br />and the address. of the:owtter is unknown, service. on the owner may be had by posting a copy of the notice on the <br />premises. Said notice shall .require the owner or occupant. of:such premises, or :both, to take reas on a b I d. ste. p s and. <br />tirne to be. designated in said notice, butthe maximum time for the removal or said nuisance after service. -of said <br />notice shall not in any event exceed thirty t3[i.} days. Service of notice maybe proved by tiling an affidavit. of <br />service. in the oflice of the City Clerk setting forth the manner and time thereof. <br />When an order so.g ven is not.coinplicd with.. such noncompliance shall be reported forthwith: to the Council .for <br />such action as may be necessary and deemed advisable in the name of the City to abate and enjoin the further <br />continuationof said nuisance. <br />Section .14. Abatement of Nuisance by Council. <br />1. Normal procedure. If, after such service of notice, the person served fails to abate% the.nuisari cc or make <br />the necessary repairs, alterations, or changes -In accordance with the. direction of the ` Council, .the Council <br />may cause such.nuisance to.be abated.at the:.expense of the CounciI and recover such expenditure, plus an <br />add itionaI twenty --five percent (?5%a) of such expenditures, by civil action against the person or persons <br />served., or of service has been had upon the owner or occupant by ordering the Clerk to extend such sum, <br />plus twenty-five percent (2S.°/o) thereof; as a special tax against the. property upon which thcnitiSan ce <br />existed and to certify the.sarnei to tlte'couaty auditor -of Ramsey Cotiitty; Miin esota, for collection i» the <br />same inanner as..taxes and.spce1aI assessments are certified and collected. <br />2. Summary enforcement:1a cases: where the. del ay in. abate mentrequire d to complete the.noticc and <br />procedure requirements set forth in sections 1.3 and 1.4.1 will permit a continuing nuisance to. unreasonably <br />endanger public licaIth, safety or welfare, the Council may order summary enforcement and.abate the <br />nuisance. Tlte:officer charged with enforcciaent shall determine: that a public. nUiwicc exists. or is being <br />maintained on premises in the City.and that.delay in abatement of the iitiisance will unreasonably endanger <br />public health, safety. or welfare. The enforcement officer shall notify in. writing the occupant .or.owneror <br />the premises of the nature of the auisance,and.of the City's decision to seek summary enforcement.and the <br />time and place of the Council meeting to consider. the question.of sunnnary enforcement. The Council shal I <br />determine whether or not the condition identified in. the itotice. to the own er..oroceuPat] t is a nuisance. <br />wltetltCl- pubIic health, safety .or welfare will be unreasonably endangered by delay in abatement required to <br />com01etc the procedure set forth above, and may order that such itiiisaitce be immediately terminated or <br />Nuisance Ordiriancc ttib 96 <br />
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