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SECTION 19. APPEAL OF NOTICE :OF VIOLATION. Any person receiving a Notice of Violation <br />may appeal the determination of the City of Gem Lake. The notice of appeal must be received within <br />thirty (30).days from the date of the Notice of Violation, ,except in the instance where a .Cease and Desist <br />Order is issued as.described in "Jiu then the notice of appeal:mustbe received within ten (10) days <br />from the date of the Cease and. Desist Order. Hearing on the, appeal before the.appropriate.authority or <br />his/her designee shall take place within thirty.(30) days. from the date of receipt of the notice.of appeal. <br />The decision of the municipal authority or their designee shall be final. <br />SECTION 20. ENFORCEMENT MEASURES AFTER APPEAL. If the violation has not been <br />corrected pursuant to the.requirements. set forth in .the Notice of Violation, or; in the event of an appeal, <br />within ten (10) days of the. decision of the municipal authority upholding the:decision of the City of Gem <br />Lake, then representatives of the.City of Gem Lake. shall enter upon the subject private property and are. <br />authorized. to take any and al measures necessary to abate the violation andlor restore the property, It <br />shall be unlawful for any person, owner, agent or ;person in possession of any..premises to refuse to allow <br />the government agency or designated contractor to enter upon the premises for the purposes -set forth <br />'above. <br />SECTION 21. COST OF ABATEMENT OF THE VIOLATION. Within forty-five (45) days after <br />abatement of the violation, the owner of the: property will .be notified of tiie cost of abatement,. including <br />administrative costs. The.property owner may Fiile a written protest objecting to the amount of the <br />assessment within thirty (30) days.. If thezinount due is not paid within a timely manner as determined by <br />the decision ofthe..municipal authority or by.the expiration of (lie time in which to file an appeal, the <br />charges skull become a special assessment against the property and shall constitute a lien on the. property <br />for the amount of the assessment: Any person violating any of the provisions of this article skull become <br />liable to the City of Gem Lake by reason of such violation. The liability shall be paid in not more than <br />twelve(.12) equal payments. Interest .at the rate of eight (8) percent per annum shall be assessed on the <br />balance beginning on the first day following discovery of the. violation. <br />SECTION 22. VIOLATIONS DEEMED A PUBLIC NUISANCE. In addition to the enforcement <br />processes. and penalties provided, any condition caused or permitted to exist in violation of any of the <br />provisions of this Ordinance is a threat to public health, safety, and welfare, and: is declared and:deemed a <br />nuisance, and may be summarily: abated or restored at the violator's expense, and/or a civil action to abate; <br />enjoin, or otherwise compel the:cessation of such nuisance may be taken. <br />SECTION23. REMEDIES NOT EXCLUSIVE. The. remedies listed. in this ordin.ance:are. not <br />exclusive of any other remedies available under any .applicable federal,. state or locallaw and it i8,within <br />the discretion of the authorized enforcement agency toseek cumulative. remedies. The City of Gem Lake <br />may recover all attorney's.fees court costs and other expenses associated with enforcement of this <br />ordinance, including sampling and monitoring expenses. <br />SECTION 24. EFFECTIVE DATE. This ordinance.shall take.effect and be in force from and after its <br />passage and publication. <br />Dated: , 2017 <br />Robert Upzen -- Mayor William Short _ Clerk <br />Summary of Ordinance XXX approved by City Council and..published in the White. Bear Press on <br />2017. <br />