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CC_Minutes_2010_0222
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3/12/2010 12:42:56 PM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
2/22/2010
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1 2. APPEAL OF NOTICE OF VIOLATION: Any person receiving a Notice of Violation may appeal the <br />2 determination of the Public Works Director. The notice of appeal must be received within 7 days from the <br />3 date of the Notice of Violation. Hearing on the appeal before the ~ ~ ~ City <br />4 Manager or his/her designee shall take place within 15 days from the date of receipt of the notice of <br />5 appeal. The decision of the ~}xi ~ City Manager or ftiei~his/ her designee shall be fmal. <br />6 3. ENFORCEMENT MEASURES AFTER APPEAL: If the violation has not been corrected pursuant to <br />7 the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 7 days of the <br />8 decision of the City Manager upholding the decision of the Public Works <br />9 I Director, then city representatives shall have the right to enter upon the subject private property and are <br />10 authorized to take any and all measures necessary to abate the violation and/or restore the property. It <br />11 shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow <br />12 city representatives to enter upon the premises for the purposes set forth above. <br />13 4. COST OF ABATEMENT OF THE VIOLATION: Within 15 days after abatement of the violation, the <br />14 °~ ^~•''° ^~ ,,Person(s) responsible for the violation will be notified of the cost of abatement, <br />15 including administrative costs. The person(s) given such notice~e~~er may file a written protest <br />16 objecting to the amount of the assess~e~-costs within 7 days. If the amount due is not paid within a <br />17 timely manner as determined by the decision of the Cit~Manager or by <br />18 the expiration of the time in which to file an appeal, the <br />19 <br />20 *~• 4 ~• ~ • ~ ^~~•, ~, c,,,,a lr~amount due shall constitute a lien upon, and the City shall have <br />21 the right to assess such amount pursuant to Minnesota Statute & 429.101. <br />22 5. INJiJNCTNE RELIEF: It shall be unlawful for any person to violate any provision or fail to comply <br />23 with any of the requirements of this Ordinance. If a person has violated or continues to violate the <br />24 provisions of this ordinance, the City may petition for a preliminary or permanent injunction restraining <br />25 the person from activities which would create further violations or compelling the person to perform <br />26 abatement or remediation of the violation. <br />27 6. COMPENSATORY ACTION: In lieu of enforcement proceedings, penalties, and remedies authorized by <br />28 this Ordinance, the City may impose upon a violator alternative compensatory actions such as storm drain <br />29 stenciling, attendance at compliance workshops, creek cleanup, etc. <br />30 7. VIOLATIONS DEEMED A PUBLIC NUISANCE: In addition to the enforcement processes and <br />31 penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this <br />32 Ordinance is a threat to public health, safety, and welfare, and is declared and. deemed a nuisance, and <br />33 may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or <br />34 otherwise compel the cessation of such nuisance may be taken. <br />35 8. CRIMINAL PROSECUTION: A violation of this ordinance is a misdemeanor. <br />36 9. COSTS AND EXPENSES: The City may recover all attorney's fees, court costs, staff expenses, clean-up <br />37 costs, and any other expenses associated with enforcement of this ordinance including, but not limited to, <br />38 sampling and monitoring expenses. <br />39 10. REMEDIES NOT EXCLUSNE: The remedies listed in this ordinance are not exclusive of any other <br />40 remedies available under any applicable federal, state or local law and it is within the discretion of the <br />41 City to seek cumulative remedies. <br />42 <br />43 <br />44 SECTION 2• Title 5 Section 2 03 of the Roseville City Code is amended to read as follows: <br />45 502.03: OFFENSES INVOLVING PUBLIC HEALTH AND SAFETY: <br />46 A. Abandoned Ice Boxes: No person shall leave in a place accessible to children any abandoned, <br />47 unattended or discarded ice box, refrigerator or any other container of any kind which has an <br />48 airtight snap lock or other device without first removing the snap lock or doors from the ice box, <br />49 refrigerator or container. (Ord. 244, 5-10-58) <br />Page 7 of 9 <br />
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