Ordinance No. 083 Housing Maintenance Code

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4. Be served upon the owner or his agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: 1. Served upon him personally, or 2. Sent by registered mail to his last known address, or 3. Upon failure to effect notice through (1) and (2) as set out in this Section, posted at a conspicuous place in or about the dwelling which is affected by the notice. 2. Right of Appeal. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this Ordinance, such person may appeal the compliance order to the City Council sitting as a Board of Appeals and Adjustments. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as established by the City Council in cash or cashier's check, and must be filed with the City Clerk within five (5) business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property. 3. Board of Appeals Decision. Upon at least five (5) business days' notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said appeal is filed, the Board of Appeals and Adjustments shall hold a hearing thereon. The Board of Appeals and Adjustments may reverse, modify, or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. Restrictions on Transfer of Ownership. It shall be unlawful for the owner of any dwelling, dwelling unit, or rooming unit upon whom a pending compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provision of the tag or compliance order have been complied with unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledgement. Anyone securing an interest in the dwelling, dwelling unit, or rooming unit who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice upon him and shall be liable to all penalties and procedures provided by this Ordinance. 5. Penalties. Any person who fails to comply with a compliance order after right of appeal has expired, and any person who fails to comply with a modified compliance order within the time set therein, upon conviction therefore shall be punished as hereinafter provided for conviction of violation of this Ordinance. Execution of Compliance Orders by Public Authority. Upon failure to comply with a compliance order within the time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may by resolution cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429, but the assessment shall be payable in a single installment. Section 14. Alternative Sanctions. Notwithstanding the availability of the foregoing compliance procedures and the penalties, whenever the Compliance Official determines that any dwelling, dwelling unit, or rooming unit or the premises surrounding any of these fails to meet the requirements set forth in this Ordinance, the Compliance Official may issue a violation tag summoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant. Section 15. Penalties. In addition to any fines, costs, or assessments provided for by this Ordinance or other City Ordinances, the City may prosecute a violation of any provision of this Ordinance as a misdemeanor, and a person, Ordinance No. 83 Housing Maintenance Code Page 13 of 15