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2023 05-09 PC PACKET
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2023 05-09 PC PACKET
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12/4/2025 8:48:29 AM
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12/3/2025 2:45:39 PM
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Administration
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ADM 05000
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PLANNING PACKET
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2) Such modifications or removal of the Declaration shall only oocur 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. ]t shall be the duty ofthe Council to enforce the provisions ofthis Ordinance_. Rnd Fib <br />Council may, by resolution, delegate to other officers or agencies power to enforce particular provisions of this <br />Ordinance, including the power to inspect private premises, and the officers or a ccharged with enforcement <br />of this Ordinance shall take all reasonable precautions to prevent the commission and mairnenance of public <br />nuisances. <br />Section 1413, Abatement of Nuisances. <br />1. Procedure. Exccpt as otherwise provided within this Ordinance, whenever the officer charged with <br />enforcement determines a Public nuisance is briny, maintained or erlsts on a premise in the City, the officer <br />shall notify in writing the owner of record or occupant of the Mmises ofsuch fact aLnd order that the <br />nuisance be terminated and abated. The notice ofyinlatioR shall specify the steps to be Laken to abate the <br />nuisance and the: time within which the nuisance rs to be abalcd if the notice ofviclation is not cornplird <br />voth ,within_the specified time, the officer shall rcDort"fact to the 0tv Council. 1-herealler, the City <br />Council may, after notice to the owner or occupant and an opportunity to be heard_ determine that she <br />condition identified in the notice ofviolatton is a nuisance and order that ifIhe rBYicWice is not abated <br />within the time pre'scrihed by the City Council. the City may seek injunctive reIief,by serving a Corry of the <br />council Order and at Notice of Mononfumsntoohain an administraLNe search <br />m, <br />warrant for access to the premises or property has been denied, and abate the nuisance. In those cases <br />where the nuisance pertains to noxious weeds, rank growth and grass and weeds as defined in Section <br />210.010[f3M4L the City Council afterm-tioemd_hearing may_gause the nuisance to be abated immed lately <br />In the City. In thou cases where the nuisance his been recurring and can be abated by reasonable <br />maintenance procedures, the City Councrl's order to abate chalk he cfTeclive for up to Iwo I i }cats <br />2. Notice. Written notice of Vm violation noti of tf,e t me e ] cc a s eel ufan hcann hclure the <br />l'ny Co-Liw l: n_osicgLof the City Council Ord".. and Notiec of Motion for Summary Enforcement hearinr_ <br />shall be served by a peace ofticcr ar a dcsi gny aced of iciat tin the owner of rucord,or accuu t of [he <br />pumices. either in person orb certlfed or registered. mail_ li'the�remEse is not,occgpi the nKner of <br />record is unknown, or if the owner of record or occupant refuses to accept notice, notice of the violation <br />shall be served bypost ing it on the premises, <br />3. Emereencv ProeedurOSuminsry En fareerrtent. In cases of an errtergcncv where delay will rCR!u?t a <br />continuing nuisance to ur1reasonably endanger public health, safety or we]rare, the City may Orden <br />summary enfuneincnt and g1 ate_the nursance,__fopruceed K2th summary. enf�rceing t, the officer or <br />dcsignat_ gd afficial.shall does inothat a public nuisance gists or is being maintained on the premise in the <br />endangered by delay to abatement n:quired to complete the procedures set forth in subdivision 210.021 A <br />and may order that the nuisance be imined iately term inalLYd or abated If the nuisance is nol immW- ialclk <br />terminated or abated. she City may order summury enforcement and abate the nuisance <br />a, Immediate Abatement. Nothing in Ibis section shall prevent the,C ih, without notice or other process. <br />from i m media Lely ativiag nmy-condition thatD%0 W imminent an�scriyus agX"ttt human life a safety. <br />5. Judicial Remedy. Nothina in this swion shall arcvcnI lice CiIv from seekinu a iudicial rem edv when no <br />other adcquate administrative remcd) exists <br />Section -"1#. Recovery of Costs. <br />1. Record of Abatement Cost. The City shall keen a record of the costs of abatements, inc€Lid ing <br />adminrstrativ_e_cosas done under this ordinance and shall report monthly all work done io the appropriate officer fur <br />which assessments are to be made, stating and cerrtlynng the dcscripuon ol'lhc land, lots, parcels involved and the <br />4MV t3L A=ssablc to each. <br />Nuisance Ordinance No 36 <br />Commented DEPM15]: could move thls, the abatement, <br />and recovery of costs sections up ahead of secf*n I <br />Commented [EPM16): The changes below WHze Tl <br />abatement Language from Shoreview, a city that uses a <br />process our attorney knows <br />
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