Agenda - Council Work Session - 05/03/2011

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being accurate and reliable. (4) Measurements must be made at least three feet off the ground or surface and away from natural or artificial structures that would prevent an accurate measurement. (5) Measurements must be made using an A- weighting and fast response characteristics of the sound measuring device as specified in American National Standards Institute S1.4 -1983. (6) Measurements must not be made in sustained winds or in precipitation that results in a difference of less than ten decibels between the background noise level and the noise source being measured. (7) Measurements must be made using a microphone that is protected from ambient conditions that would prevent an accurate measurement. (8) Measurement must be made from the property of the person making the complaint, when applicable. (Code 1978, § 5.08.07; Ord. No. 04 -34, § 9 -27 -2004) Sec. 30 -6. - Powers of city officials. Whenever in the judgment of the city's health authority, city engineer, or chief of police (or other such city official as may be determined by the city administrator), a finding is made upon investigation that a public nuisance is being maintained or exists within the city, the city may at the direction of the city administrator, issue written notice to the owner or occupant of the premises where the public nuisance is maintained requiring him to terminate and abate said nuisance. Service of said notice shall be in person or by U.S. mail. If the premises are not occupied and the address of the owner is unknown, service on the owner may be had by posting a copy of the notice on the premises. If the nuisance is not abated within ten days of the date of issuance of the notice, the city may issue a code violation citation to the notified owner or occupant. As an alternative, the city may elect to prosecute the matter in district court without first issuing the ten -day notice described in this section. (Code 1978, § 5.08.08; Ord. No. 04 -34, § 9 -27 -2004) Sec. 30 -7. - Abatement of nuisances by council. If, after such service of notice, the party fails to abate the nuisance or make the necessary repairs, alterations, or changes in accordance with the direction of the council, said council may cause such nuisance to be abated at the expense of the city and recover such expenditure, plus an additional 25 percent, either by civil action against the person served; or if such service has been had upon the owner or occupant, by ordering the city administrator to extend such sum, plus 25 percent as a special tax against the property upon which the nuisance existed and to certify the same to the county auditor for collection in the manner as taxes and special assessments are certified and collected. (Code 1978, § 5.08.09; Ord. No. 04 -34, § 9 -27 -2004) State law reference— Collection of charges as a special assessment, Minn Stats. § 439.101. FOOTNOTE(S): (25) State Law reference— Nuisances generally, Minn Stats. ch. 561; authority to define and abate nuisances, Minn Stats. §§ 410.33, 412.221, subd. 23; public nuisances prohibited, Minn Stats. § 609.74 et seq. (Back)