2023 02-14 PC PACKET - Laserfiche WebLink

Home

3} .If the City abates the public.heal th nuisance, in addition to any. Iega1.. remedy; it is entitled to. recover a I I costs associated with such. abatement plus an: additional 25% pfthe City's costs for adniinistration..In. add ition to any other legal remedy; the City m.ay recover costs by civil action against the person or.persons who own the property in the matter that. taxes and special. assessments are certified and collected pursuant to Minnesota Statutes Section 429.101. 10. Authority to Modify or Remove Declaration of Public Health Nuisance. I) The Environ irienta1. HeaIth.Qfficial is authorized to modify the.Dec I arat io n con d i tion s.or remove the Declaration of Public Health Nuisance. 2) Such modifcat ions.or removal of the Declaration. sha]1:onIy occur after documentation from a qualified environmental or cicalling .f rm stating that.the: health and safety risks,.incIuding those: to neighbors all potential dwelling occupants, are sufficiently abated: or. correctedto allow safe occupancy of the dwelling. Section 12. Enforcement. It -shall be the duty of the Councit to enforce the:pmvisions of this Ordinance, and the Council in ay, by resolution, delegate to other officers or agencies power to enforce particular provisions: of this Ordinance; including the power to inspect private premises,. and the officers :charged .with enforcernent.of this 0rdinance`shaII take all reasonable precautions to..prevent the commission and maintenance of. pub] ic.nuisances. See tion. 13. Powers of ❑ffcers. Whenever, in the judgement of the officer charged :with enforcement, it is determined upon: i n vestigati on. that a public.nuisance is being maintained. or exists. within. the City, such off.per Aall notify in writing the person committing or maintaining such public nuisance and require him to terminate and abate said nuisance and to remove such conditions or remedy such defects: Said written notice shall be served on the person corrimitting or maintaining said nuisance, in person or by registered mail.. If tha premises are not occupied and.tIte address of the owner is unknown, servicc on, the owner may be bad by posting a copy of the notice on the premises. Said notice shall require the owner. or occupant of such .premises, or both, to take. reasonable steps' and t'iine to be designated. in.said notice, but the maximum Time for the removal of said nuisance. after service of said notice sha[I pot in any event exceed thirty (30) days. Service of notice. may be.proved.by filing an affidavit of service.in the office of the City Clerk setting: forth the:manner.and time thereof. When an order so given is m not coplied with, such noncompliance.shall.be reported forthwith to the Council for such action as may be necessary and deemed a dv.i sable in the name. of the:City to. abate and enjoin the further continuation of said nuisance. Section 14. Abatement of Nuisance by Council.. 1: Norrna1. procedure. I f . after such.service of notice, the person served fails to abate the nuisance or make. the necessary repairs, a]terations; or changes in accordance with the direction of the. Counci1, the.Counc'i1 may cause:such nuisance'to. be..abated at. the.expchse of the Councii and recover such expenditure,;pIus. an additional twenty=five percent (25%) of such expenditures, by civil action against the person or persons served; or of service has been had upon the owner or occupant by ordering the Clerk to extend such sum, plus twenty-five percent (2.5O/6) thereof,:as asp ceial tax against the property upon which the nuisance existed and to certify the same to the countyauditor of Ramsey County, Minnesota;. for col Iection.'sn the: same inanner as taxes. and`specia] assessments are certified and collected. 2. Summary enforcement. Incases where. the delay .in abatement required to comp Icte the notice and procedure requirements set forth. in sections 13 and 14.1 will permit:a continuing inuisance to unreasonably endanger public health, safety or welfare, the Council may order summatyenforcement and abate. the nuisance.-Tbe officer charged with .enforeement.shaII determine that a. public nuisance.exists or is being maintained oil premises in the City and that delay in abatement of the nuisance wiII unreasonably endanger public health; safety or welfare. The enforcement officer shall notify in writing the occupant or owner'of' the premises of the nature. of the nuisance and 'of the Citys decision to seek summary enforcement and the: tiill .e.and. place of the Council meeting.to consider the question of summary enforcement. The Council shall determine whether or not the condition identified in the: notice to the owner or occupant is: a nuisance, whether pub.1ic.health, safety or welfare will be unreasonably endangered by del ay iit abatement required -to complete the procedure set forth above, :and may order that such nuisance. be.immediately terminated or Nuisance Ordinance No 80