2023 03-14 PC PACKET - Laserfiche WebLink

Home

3] if the City abates the public health nuisance, in. addition to any legal remedy, it. is entitled to recover all costs .associated with such abatement plus an additional 25%.of the City's costs for administration. In addition to any other legal remedy, the City inay recover costs.by civil action against the person or persons who own the property in the inatter.thAt taxes and special asset sncuts. are certified and collected pursuant to Minnesota Statutes Section 429.1.01. 10, Authority to Modify Or Remove Declaration of Public Health Nuisance.. 1) The Environmental Health Official is authorized to modify the Declaration conditions or remove. the Declaration of Public Health Nuisance. 2) Such modifications or removal of the Dee Iaration shall only occur after documentation from a qualified environmental or cleaning firm stating that the health and safety risks; including those to neighbors.and potential dwelIittg.occupants;.are sufficiently abated or corrected to allow safe occupan by of the dwelling. Section .1I Enforcement. It.shal[ be theduty.ofthe.Council to enforce the provisions of this Ordinance, and the Council may, by resolution, delegate to other officers or.agencies power to enforce particular provisfons.of this Ordinance; including the power to inspect.private premises; and the officers charged.with enforcement of this Ordinance shall take all reasonable precautions to prevent the commission and maintenance of public nuisances. Section 13. Powers. of Officers. Whenever, in the judgement of the officer charged with enforcement, it is determined upon investigation that.a public nuisance is.being maintained or exists: .within the City, such officer shall notify in Mir iting>tite person committing or maintaining such. pubIic huiSan cc and require him to term inate. .and abate said nuisance and.to remove such conditions or remedy s.ucIt defects. Said: written notice shall. be served:on the person committing or maintaining said.nuisancc, in person or by.registered.mai1. If the premises arenot occupied and A h e address of the:owner is unlntown, service on the.owmer may be. had by posting a.copy of the.aotice on the premises, .Said notice. slialI require the: own er.or occupant of such premises; or both, to. take reasonable.stcps and time to be designated in.said notice,..but.the.nmaximum time for the removal of said nuisan ce. after service of said notice shall not 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 riot complied with ',.such noncompliance slialI be repdrted forthwith to the. Council far such action as may be. necessary.and deemed.advisable in the name of:the: City to: abate and. enjoin:the...further. continuation of said nuisance. Section 14. Abatement of Nuisance by Council. 1. Normal .procedure: If, after such service of notice, the.person served fails to abate the nuisance or make the necessary repairs; alterations;.or.changes in accordance with the direction of the Council; the Council may cause sucli nuisance to be.abated at the. expense ofthe.CounciI acid recover such expenditure, plus an. additional twenty-five percent (25%).ofsuch expenditures, by civil action against th0 pemn or:persons served; or of service has been had. upon the. owner or occupant by ordering the Clerk to extend such s.uM, plus.t.wenty-five. percent (25°/o) thereof as.a special tax against. the property upon wh1ch.1he nuisance ex sted.and,to certify the. same to time.countyaauditor.ofRamsey .County, Minnesota, for collection in the same manner as taxes and :special assessments are certified and collected. 2. Summary enforeetneht..In cases where the delay in abatement required to complete the notice and procedurexequireinents set forth in.sections. ;t3 and.14A will permit a continuing nuisance:to unreasonably endanger: public health;: safety.or welfare, the. Council may order summary enforcement and abate the nuisance. The officer charged with enforcement:shaII determin0.that.a public nuisance.exists or is being in. aintained.on premises. in the.City:and that delay in.abatemcnt of the nuisance will unreasonably endanger public Health; safety or welfare. The en forcement.officer shall notify in.:writing the occupantor owner of the premises of time nature of the nuisance and of the City's decision to seek summary enforcement and.thc time and place of the Council meeting to consider the question of summary enforcement. The Council shall determine whether or not th e % con di ti on identified in the notice. to ihc.own cr or occupant is a nuisance; whether.pubIic health, safety :or welfare: will be unreasonably endangered by. delay in abatement•required to complete the prop edure. set t forth above, and may order that. such nuisance be i ni rn ed iate. ly terminated or N9jsarice: Ord"niance No 86