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5.08.02 Powers of City Officials. Whenever in the .judgment of the City's health <br />authority, City Engineer, or Chief of Police (or other such City Official as may be <br />determined by the City Administrator), a finding is made upon investigation that a public <br />nuisance is being maintained or exists within the City, the City may at the direction of the <br />City Administrator, issue written notice to the owner or occupant of the premises where <br />the public nuisance is maintained requiring him/her to terminate and abate said nuisance. <br />Service of'said notice shall be in person or by U.S. Mail. If the premises are not occupied <br />and the address of the owner is unknown, service on the owner may be had by posting a <br />copy o1' the notice on the premises. If the nuisance is not abated within ten days of the <br />date of issuance of the notice, the City may issue a Code violation citation to the notified <br />owncr or occupant. As an alternative, the City may elect to prosecute the matter in <br />District Court without first issuing the ten day notice above described. <br /> <br />5.08.03 Abatement of Nuisances by Council. If, after such service of notice, the <br />party or parties fail to abate the nuisance or make the necessary repairs, alterations, or <br />changes in accordance with the direction of the Council, said Council may cause such <br />nuisance to be abated at the expense of the City and recover such expenditure, plus an <br />additional 25%, either by civil action against the person or persons served; or if such <br />service has been had upon the owner or occupant, by ordering the Administrator to <br />extend such sum, plus 25% as a special tax against the property upon which the nuisance <br />existed and to certify the same to the County Auditor for collection in the manner as taxes <br />and special assesslnents are certified and collected. <br /> <br />5.08.04 Penalties. A violation of this section is a misdemeanor. <br /> <br />Historical Note <br /> <br />Established by Jan. 1978 codification. <br /> <br />Ord. #02-23 amended §5.08.01 paragraph e. of Subd. <br />2, pa,'agraph a. of Subd. 3, and paragraph d. of Subd. <br />4. Paragraphs q., r., and s. are added to Subd. 4. <br />Efli:ctive August 5, 2002. <br /> <br />Ord. #02-23 amended §5.08.02 language. Effective <br />August 5, 2002. <br /> <br /> <br />