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3) If the City abates the public health nuisance,:in addition to any legal remedy, it is entitled to <br />recover all costs associated with. such abatement plus. an additional 25%a ofthc City's costs for <br />.ad rninistration. .In add it1on.to..any other Iegal remedy, the City may recover costs by civiI action <br />against the person or persons who own the property in Elie matter that taxes. and special <br />assessments are certified and collected pursuant to Minitesota Statutes Section 429.101. <br />10. Authority to Modify or Remove Declaration of .Public Health Nuisance. <br />1) The'Envirorinterital Health Official is authorized to modify the Declaration condifions or remove <br />the Declaration of Pubiic:I-Iealth Nuisance. <br />2) Such modifications or removal of the Declaration shall only occur:after.documentation from a: <br />qualified environmental or cleaning firmstat1ng..that the health and safety risks, including those to <br />neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe <br />occupancyaf.the dwelling. <br />Section 12. Enforcement. It shall be the duty of the Council to enforce the provisions of. this Ordinance, and the <br />Council may, by resolution; delegate to ather officers at. agencies power to enforce particular provisions of this <br />Ordinance,. including the power to i n spect. pri vate premises, and thc.officers charged with enforcement of this <br />0.rdinance shall take. all reasonab le.precautions.to. prevent. the commission: and mainten.ance.of publie nuisances. <br />Section 13. Powers:of Officers. Whenever, in the judgement.of the officer charged with enforcement, it is <br />determined upon .investigation that a public nuisance is being. maintained or exists within the City, such officer shall <br />notifyin writing the.person committing or maintaining such public nuisance and require hiin to terminate.and abate <br />said nuisance and to remove such can ditions.or remedy such defects. Said written notice shall be servedon the <br />person committing or maintaining said nuisance, in person. or by registered mail. If the premises are not occupied <br />and the address of the owiier is unknown, service.on the•owner may be had by posting.A copy of the.: notice on the <br />premises. Said not ice:shaII require the .own er or occupant of suph. premises, or both, to. take re ason AN 6. step s. and <br />time to be designated in said. notice, but the maxi inurn time for the removal. of said nuisance after .service of said <br />notice. shall not in any event exceed thirty (30) days. Service of notice may be. proved by filing an affidavit of <br />service in the office.of th.e City Clerk setting forth tlte. manner and time thereof <br />When an order so given is not complied 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 fiirther <br />continuation of said nuisance.: <br />Section 14. Abatement of Nuisance.by Council. <br />1, Normal. procedure. If,. after such service of rioti'ce; the person served Fails to abate:the nuisance or make. <br />the: necessary repairs, alterations, or changes: in accordance with the direction of the Council, the Council <br />may cau.s.e such nuisance to be abated at the,expen se of the Council and recover such. expenditure,. plus an <br />add itional:twenty-fiive.percent (25%) ofsuch expenditures, by civil action against the:person or persons <br />served; or of service has..Iieen had upon the owner or occupant by ordering.the Clerk to extend. such :sum, <br />plus twenty-five percent (250/6) thereof, as a special tax against the property upon which the nuisance <br />existed.:and to. certify the. same to:the county auditor ofRam sey.County,.lvlinnego ta, for collection in.the. <br />same manner as. taxes and. special ass essments.ate cerdfjed and collected. <br />2. Summary enforcement. Incases where the delay in abatement required to complete.the.notise. and <br />procedure •requirements. set..forth in sections. 1 lan d 14.1 will permit a continuing nuisance to unreasonably <br />endanger public: health, safety or welfare, :the. Council may order summary enforcement and abate the <br />nuisance. The officer charged with enforcement shall determine that public nuisance exists or is being <br />maintained on pi=entises in. the City and that delay in abatement of the nuisance wiII-unreasonably endanger <br />public health, safety or welfare. The' enforcement officer shall notify in writing the occupant or owner of <br />the:pretnises arthe nature of the nuisance and ofthe .City's decision to seek suinmary:enforce mentand the <br />time.and place of the. Co u n QJ I m eeting to con. sider the question of summary enforcement. The Council shall <br />determine whether or not the condition .identified in the notice..to the owner or occupant is a.nuisanc:e, <br />whether public health; safety or welfare wiII.be unreasonably endangered by delay in abatement required to <br />complete the procedure set forth above; and may order that such nuisance be immediately term inated or <br />Nuhanee Ordinance 14Q 86 <br />