Agenda - Council - 03/13/2012 - Special

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than required by statute only adds to the insufficient manner in which the abatement and assessment were conducted. 37. The Court finds that once the City gained access to the' Property on October 25, 2007, the City could have removed items it considered to be covered by the September 13, 2007 letter notice. However, the City could have stopped the abatement and initiated .a new abatement process as to the items like lawnmowers, snowmobiles, bicycles, 'rakes, shovels, and other personal property. This would have give Appellant a chance to correct the conditions himself. The Court finds that the City acted with the intent to clean up Appellant's property of all items without providing a specific, detailed notice as to the conditions constituting a violation of the city code and corrective measures required to come into compliance. The City's September 13, 2007 "blanket notice" was not sufficient under its own city code. CONCLUSIONS OF LAW 1. When an appeal is taken from a special assessment pursuant to Minn. Stat. § 429.081, the court may affirm the assessment or set aside the assessment and order reassessment as provided in Minn. Stat. § 429.071, subd. 2. Minn. Stat. § 429.081. 2. The City has the.authority under state law and its city charter to define nuisances and provide for their prevention or abatement. Minn. Stat. § 412.221, subd. 23; Ramsey City Charter § 1.2. 3. The City has the authority, under state statute, city charter, and city code, to assess the cost of city services to private property. Minn. Stat. § 429.101; Ramsey City Charter § 8.3; Ramsey City Code § 4.60.14. 4. Ramsey City Code sections 5.12.03 and -5.20 provide that after notice .and a hearing as provided in Minn. Stat. § 429.061, the City Council may spread unpaid abatement charges 13