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<br />(2) Notice of council hearing. Written notice of any <br />city council bearing to detennine or abate nuisance shall be <br />served on the owner of record and occupant of the premises <br />either in person or by certified or registered mail. If the <br />premises is not occupied, the owner of record is unknown, <br />or the owner of record or occupant refuses to accept notice <br />of council hearing, notice of council hearing shall be served <br />by posting it on the premises. <br />(3) Notice of city council order. Except for those cases <br />detennined by the city to require summary enforcement, <br />written notice of any city council order sball be made as <br />provided in Minn. Stat. 463.17 (Hazardous and Substandard <br />Building Act). <br />(4) Notice of motion for swnrnary enforcement. <br />Written notice of any motion for summary enforcement <br />shall be made as provided for in Minn. Stat. 463.17 (Haz- <br />ardous and Substandard Building Act). <br />Subd. 2. Procedure. Whenever the officer charged <br />with enforcement determines that a public nuisance is being <br />maintained or exists on premises in the city, the officer shall . <br />notify in writing the owner of record or occupant of the <br />premises of such fact and order that such nuisance be <br />tem1inated or abated. The notice of violation shall specify <br />thc steps to be taken to abate the nuisance and the time <br />within which the nuisance is to be abated. If the notice of <br />violation is not complied with within the time specified, the <br />enforcing officer shall report that fact forthwith to the <br />council. Thereafter, the council may, after notice to the <br />owncr or occupant and an opportunity to be hcard, deter- <br />mine that the condition identified in the notice of violation <br />is a nuisance and further ordcr that if the nuisance is not <br />abated within the time prescribed by the council the city <br />may seek injunctive relief by serving a copy of the city <br />council ordcr and notice of motion for swnmary enforce- <br />ment. <br />Subd. 3. Emergency procedure; summary enforce- <br />ment. In cases of emergency, where delay in abatement <br />required to complete the notice and procedure requirements <br />set forth in subdivisions 1 and 2 above will pennit a con- <br />tinuing nuisance to unreasonably endanger public health <br />safety or welfare, the city council may order summary <br />enforcement and abate the nuisance. To proceed with <br />summary enforcement, the officer charged with enforce- <br />ment shall detennine that a public nuisance exists or is <br />being maintained on premises in the city and that delay in <br />abatement of the nuisance will unreasonably endanger <br />public health, safety, or welfare. The enforcement officer <br />shall notify in writing the occupant or owner of the prem- <br />ises of the nature of the nuisance and of the city's intention <br />to seek swnrnary enforcement and the time and place of the <br />council meeting to consider the question of summary <br />enforcement. The city council shall detennine whether or <br />not the condition identified in the notice to the owner or <br />occupant is a nuisance, whether public health, safety, or <br />welfare will be unreasonably endangered by delay in <br /> <br />abatement required to complete the procedure set forth in <br />subdivision 1 above, and may order that such nuisance be <br />immediately tenninated or abated. If the nuisance is not <br />immediately tenninated or abated, the city council may <br />order swnrnary enforcement and abate the nuisance. <br />Subd. 4. Immediate abatement. Nothing in section 6 <br />of this ordinance shall prevent the city, without notice or <br />other process, from immediately abating any condition <br />which poses an imminent and serious hazard to human life <br />or safety. <br /> <br />Comment: A few ordinances provide for more summary <br />action in emergency situations where the notice is <br />impractical, though such a procedure should be used <br />only when need for emergency action is clear. To <br />minimize doubts about constitutional due process for <br />administrative enforcement action resulting in a charge <br />against the owner or occupant of the property, the <br />section provides for notice and hearing before the <br />council takes action. <br /> <br />Section 7. Recovery of cost. Subdivision 1 . Personal <br />liability. The owner of premises on which a nuisance has <br />been abated by the city shall be personally liable for the <br />cost to the city of the abatement, including administrative <br />costs. As soon as the work has been completed and the cost <br />determined, the city clerk or other official designated by the <br />council shall prepare a bill for the cost and mail it to the <br />owner. Thereupon the amount shall be immediatcly due <br />and payable at the office of the city clerk. <br />Subd. 2. Assessment. If the nuisance is a public health <br />or safety hazard on private property, the acclm1Ulation of <br />snow and ice on public sidewalks, the growth of weeds on <br />private propcrty or outside the traveled portion of streets, or <br />unsound or insect-infected trees, the clerk shall, on or <br />before September 1 next following abatement of the <br />nuisance, list the total unpaid charges along with all other <br />such charges as well as other charges for current services to <br />be assessed under Minn. Stat. 429.101 against each separate <br />lot or parcel to which the charges are attributable. The <br />council may then spread the charges against such property <br />under that statute and other pertinent statutes for certifica- <br />tion to the county auditor and collection along with current <br />taxes the following year or in annual installments, not <br />exceeding 10, as the council may detem1ine in each case. <br /> <br />Comment: The local improvement code, Minn. Stat., Ch. <br />429, authorizes the use of special assessments for <br />certain "current services," including snow, ice, or <br />rubbish rcmoval from sidcwalks, weed elimination <br />from streets or private propcrty, and the removal or <br />elimination of public heallh or safcty hazards from <br />private property (except hazardous buildings, treated <br />under a different statute). This subdivision attempts to <br />use that authority and procedure for the types of <br /> <br />League of Minnesota Cities <br /> <br />Page 7 <br />