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2023 08-09 PC PACKET
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2023 08-09 PC PACKET
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Administration
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ADM 05000
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PLANNING PACKET
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PERMANENT
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3. Emergency ProcedurelSummary Enforcement. In cases of an emergency where. delay will perm it. a <br />continuing nuisance to unreasonably endanger public health, safety or welfare,:the City may order <br />summaryenforce rtient and. abatethe.... nuisance. To`pro cccd with summary. enfomenient, the officer.of <br />designated. officia]:sha]I de.termine::that a: public nuisance exists'or:is being maintaI.md on the premise in. the <br />City and that the .delay. in abatement will unreasonable endanger public health, safety or welfare. -The <br />officer or designated official .shall make a.reasonable attempt to. notify in writing .the occupant or owner of <br />the premises 6Fthe nature of the nuisance, whether public. health, safety or welfare will be unreasonably <br />endangered by delay in abatement required to complete the procedures 'set forth in subdivision 210.020(A) <br />and -may order that the nu19ancc. be immediately terminated or abated. If.the nuisance is not immediately <br />terminated yr abated, the City may order summary eriforcernent and .abate the nuisance. <br />4. lmmcdiate.A.liatement.. Nothing.in this section shall preventthe City, without notice. or other process, <br />from immediately abating any condition that poses an. imminent: and serioua-hazard to human life: or safety. <br />5. Judicial Remedy. Nothing in this section shall prevent the City from seeking:a judcial.reinedy when no <br />other adequate ad inInistrative renredy exists: <br />Section 7. Recovery of Costs.. <br />I. Record of A b a temen t. C ost. The City shall keep a. record of the cos ts.orabate ntents, including <br />administrative costs, :done under this ordinance and shall report monthly all work done to the appropriate <br />afficer.for which assess.ments..are: to, be made, stating.and:certifying the. description pfthe land, Iots, parcels <br />InvoIvcd and the amount assessable to each. <br />2. Personal Liability. The owner of premises on which. a. nuisance has been abated by the. City, or a person <br />who .has caused a. public nuisance on property not owned by.that person shall be personally .liable for the <br />cost of the abatement; including administrative costs. As soon as the work has been completed and the cost <br />deterrnined, the .City shall prepare a:biII for the cost. and mail it.ta the owner. Thereupon, the amount shall <br />be immediately due and payable at the. City's administrative: office. <br />3. Assess ment..After notice and hearing as. provided in: Iviinnesota Statutes Section 429.06..1, as it may be <br />amended from time: totime, if nuisance is a pubIic:health 6r.safety hazard on private or public the'City <br />CIerkslia11, on. or before September I next following abate trient o f the nuisance, list -the total.unpaid <br />charges along with aII.other such charges as well as. other. charges for current services. to be: ass esse..d..under <br />N1Innesota. Statutes, Section 42 9. 10 1 against each separate Iot'or parcel to which the charges are <br />attributable: The City Council may then spread the charges•agaInst the property under the provisions of <br />Minnesota statutes Section 429 and. any other pertinent Statutes for :certification to the County. Auditor and <br />coIiOct ion along with current taxes the foI16Wing year or in annual installments, hot exceed ing ten, as the <br />City Council may determine in each case. <br />Section.B. Penalties. In addition to any fines, costs;.or assessments provided fanny this Ordinance or.other City <br />Ordinances, the City may prosecute: a violation of any provision of this Ordinance. as a misdemeanor, and a. person, <br />if convicted, may be punished by the maximum fine and terns of imprisonment provided..by Minnesota Statutes. <br />60902, subd. 3, as that statute may be amended from time to time. <br />Section 9. Repeal: This Ordinancesupersedes, replaces and repeals alI prior Ordinances relating tq.the same <br />subjects.contained within this Ordinance. Any portion: o f such prior .Ordinances not.incorporated within this <br />Ordinance is.:expressly repealed. <br />Section .1.0. SeveraWlity. Should:any section, subdivision, clause or other provision of this Ordinance be held to be <br />invaIi.d by any court. ofcompetent jurisdiction, :such decision shall not affect. the vaIi.d.ity of the. Ord inance.as a <br />whole, or of. any part thereof other than the part. lie Id. to be invalid; <br />Section 11. Effective Date. This Ordinance shall take effect and be in force from and after is passage. and <br />publication.. <br />Nuisance ordinance No..86 <br />
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