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