Agenda - Council Work Session - 10/11/2022

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Abatement procedure. (1) Abatement authorization. Upon a determination by the city administrator or Ns their designee that a public nuisance or violation of this Code exists on any public or private property within the city, the city administrator or his designee shall order the public nuisance or violation to be abated in a manner consistent with this Code. (2) Procedure for removal of public nuisances. Whenever the city administrator or Ns their designee finds within reasonable certainty that a public nuisance or violation exists on any public or private property in the city, he shall: a. Notify the affected property owner by personal service, posting on primary door of structure, U.S. mail, or by certified mail that the nuisance or violation must be abated within the time designated on the notice, or 14 days from the date of service of the notice. Service by U.S. mail or ccrtificd mail shall bc deemed 1. The notice shall state with specificity the nature of the nuisance or violations and the requirements for compliance. 2. With the exception to abatements for long grass, weeds and exigent public health or safety issues, any notice that accompanies a fine, citation, or pending abatement The notice shall also state that the property owner may, within 14 days of the date of the order, request a settlement conference hearing before the hearing -examiner Planning Manager or Community Development Director, or for appeals or the settlement conference, City Council, and shall set out the procedure by which that hearing may be requested. 3. {+} The notice shall also state that failure to abate the nuisance or violation, or request a hearing within the applicable time periods will result in abatement procedures, and that the cost of abatement with penalties and interest will be billed to the property owner. Pursuant to applicable state statutes, any unpaid fees and fines will be charged against the benefited property via special assessment under Minnesota Statutes for certification to the county auditor and collection along with current taxes the following year or in annual installments not exceeding ten, as the council may determine in each case. ii. Notwithstanding thc 14 day noticc dcscribcd in subscction 2 332(d)(2)a. above, and in thc case of a public nuisance dcfincd in scction 30 3 relating to grass, weeds, or noxious growths of vegetation upon public or private property exceeding eight inches in height, thc noticc shall also state that in thc event more than one abatement process for thc same public nuisance has been undertaken on thc same property within thc previous 12 month term, the nuisance or violation must bc abated within five busincss days from thc date of service of thc noticc. iii. Notwithstanding subscction 2 332(d)(2)a. 2. thc noticc shall state that the property owncr may within five busincss days of thc date of thc order, request a hearing before thc hearing examiner -and shall set out thc procedure by which the hearing may bc requested. 4. The notice shall state that any items removed from the property by the city or the city's designee will be held for 15 days prior to disposal. Within those 15 days, the property owner can reclaim any items held by the city or the city's designee after paying all fees incurred by the city associated with the abatement. If the property owner does not contact the city within 15 days to reclaim the items, all items will be disposed of or sold. Any abated items that are reclaimed and returned to the property by the property owner that are found to be in violation of this article shall be abated immediately by the city. 5. Any item that is deemed hazardous, considered a public health nuisance or consists of brush, wood, or grass clippings may be disposed of immediately and is exempt from the holding period. 6. A property owner may waive the 15-day holding period and request all abated items are immediately disposed of provided that it is requested at least 48 hours prior to the scheduled abatement, excluding weekends and observed holidays.