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public streets, highways, roads, alloys, parks, playgrounds, public places and public buildings, places of entertainment
<br />and amusement, vacant lots, and other unsupervised places in the City of Gem Lake during the hours prohibited by this
<br />Ordinance; provided, however, that the provisions of this section do not apply when the minor is accompanied by his or
<br />her parent, guardian, or other adult person having the care and custody ofthe minor, where the minor is upon an
<br />emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care
<br />and custody of the minor, or where the presence of said minor in said place is connected with and required by some
<br />legitimate business, trade, profession, or occupation in which said minor is pertained by law to be engaged.
<br />3. Minors in Amusement Places. No person, operating or in charge ofany place of amusement. entertainment, or
<br />refreshmenl shall permit any minor under the age of eighteen (1 g) years to remain in such place during The hours
<br />prohibited by this ordinance, provided, however, that the provisions ofthis section shall not apply when such minor is
<br />accompanied by his or her parent, guardian, or other adult person having the care and custody ofthe minor.
<br />Section 5. Enforcement. It shall be the duty of the Council 10 enforce the provisions of this Ordinance. The Council may, by
<br />resolution, delegate to other officers or agencies power to enforce particular provisions of this Ordinance, including the power to
<br />inspect private premises, and the officers or agencies charged with enforcement ofthis Ordinance shall take all reasonable
<br />precautions to prevent the commission and maintenance ofpublic nuisances.
<br />Section G. Abatement of Nuisances.
<br />1. Procedure. Except as otherwise provided within this Ordinance, whenever the officer charged with enforcement
<br />determines a public nuisance is being maintained or exists on a premise in the City, the officer shall notify in writing
<br />the owner of record or occupant ofthe premises of such fact and order that the nuisance be terminated and abated. The
<br />notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to
<br />be abated. if the notice of violation is not complied with within the specified time, the officer shall report that fact to
<br />the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an opportunity to be
<br />beard, determine that the condition identified in the notice of violation is a nuisance and order that if the nuisance is not
<br />abated within the time prescribed by the City Council, the City may seek injunctive relief by serving a copy of the
<br />Council Order and a Notice of Motion for Summary Enforcement or, obtain an administrative search warrant for access
<br />to the premises or property has been denied, and abate the nuisance_ In those cases when the nuisance pertains to
<br />noxious weeds, rank growth and grass and weeds as defined in Section 210.0IO(B)(4), The City Council after notice and
<br />hearing may cause the nuisance to be abated imrediately by the City. In those cases where the nuisance has been
<br />recurring and can be abated by reasonable maintenance procedures, the City Council'& order to abate shall be effective
<br />for up to two (2) years.
<br />2. Notice. Written notice of the violation. norice of the time, date, place and subject ofany hearing before the City
<br />Council; notice ofthe City Council Order; and Notice of Motion for Summary Enforcemert hearing shall be served by
<br />a peace officer or a designated official on the owner ofrecord or occupant ofthe premises, either in person or by
<br />certified or registered mail. 1fthe premise is not occupied, the owner of record is unknown, or if the owner ofrecord or
<br />occupant refuses to aroept notice, notice of the violation shall be served by posting it on the premises.
<br />3. Emergency ProceduredSurr nary Enforcement. In rases of an emergency where delay will permit a continuing
<br />nuisance to unreasonably endanger public health. safety or welfare, the City may order summary enforcement and abate
<br />the nuisance. To proceed with summary enforcement, the officer or designated official shall determine that a public
<br />nuisance etasts or is being maintained on the premise in the City and that the delay in abatement will unreasonable
<br />endanger public health, safety or welfare. The officer or designated official shall make a reasonable attempt to notify in
<br />writing the occupant or owner of the premises of the ronue of the nuisance, whether public health, safety or welfare
<br />will be unreasonably endangered by delay in abatement required to complete the procedures set forth in subdivision
<br />210.020(A) and may order that the nuisance be immediately terminated or abate& if the nuisance is not immediately
<br />terminated or abated, the City may order summary enforcement and abate the nuisance.
<br />4. Immediate Abatement. Nothing in this section shall prevent the City, without notice or other process, from
<br />immediately abating any condition that poses an imminent and serious hazard to human life or safety-
<br />S. Judicial Remedy. Noihing in this section shall prevent the City from seeking a judicial remedy when no other
<br />adequate administrative remedy exists.
<br />Section 7. Recovery of Costs.
<br />1, Record of Abalement Cost, The City shall keep a record ofthe costs of abatements, including administrative costs,
<br />done under this ordinance and shall report monthly all work done to the appropriate officer for which assessments are
<br />to be made, staling and certifying the description of the land, lots, parcels involved and the amount assessable to each.
<br />Nuisance Ordinance No 86
<br />Commented [EPM10]' The changes below utilize
<br />abatement language from Shoreview, a city that uses a
<br />process the gem Take city attorney knows
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