01-25-2021 Council Work Session Packet

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State Law reference— Public nuisance prohibited, Minn. Stat. § 609.74; authority to prohibit nuisances, Minn. Stat. § 412.221, subd. 23. Sec. 70-5. - Abatement procedure. (a) Abatement. Except for the abatement of public nuisance vehicles governed by section 58-3, the following abatement procedure applies to all public nuisances. Whenever the city administrator or designee determines that a public nuisance is being maintained or exists on property, the city administrator or designee must give written notification to the property owner and occupant or other responsible party of that fact and order that the nuisance be terminated and abated. Notice must be served in person or by mail. Notice to the owner will be satisfied by notice to the person listed as the taxpayer on the county's tax records. If the property is not occupied, the owner is unkno wn, or no other responsible party can be reasonably identified, notice may be served by posting it on the property. The notice must specify the steps to be taken to abate the nuisance and the time, not exceeding ten days, within which the nuisance is to be abated. The notice must also provide that if the owner, occupant, or other responsible party does not comply with the notice within the ti me specified, the city council may provide for abating the nuisance by the city. The notice must state the date, time, and location of the city council consideration and give the person the right to be heard. The notice of the council hearing must be given at least ten days before the council will consider the matter. If notice is given by posting, at least 30 days must elapse between the day of posting and the hearing. (b) Summary abatement. The city administrator or designee may provide for abating a public nuisance without following the procedure required in paragraph (a) above when: (1) There is an immediate threat to the public health or safety; (2) There is an immediate threat of serious property damage; or (3) A public nuisance has been caused by private parties on public property. If the city administrator or designee abates the nuisance under this section , he must reasonably attempt to notify the owner, occupant, or other responsible party of the intended action and the right to appeal the abatement and any cost recovery. (c) Cost recovery. The owner of property on which a nuisance has been abated by the city, or a person who has caused a public nuisance on property not owned by that person, is personally liable to the city for the cost of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, an appropriate official will prepare a bill for the cost and mail it to the owner or other responsible party. The amount is immediately due and p ayable to the city treasurer. (d) Assessment. If the cost, or any portion of it, has not been paid under paragraph (c) within 30 days after the date of the bill, the council may certify the unpaid cost against the property to which the cost is attributable. Before certification against the property, reasonable notice of the impending certification and an opportunity to be heard by the council must be given to the taxpayer of record. Failure of the taxpayer to receive the notice will not invalidate the cer tification. The council may certify unpaid cost to the county auditor for collection along with current taxes in the following year or in annual installments, not exceeding ten, as the council may determine in each case. (Ord. No. 2 3rd series, § 1, 11-10-2003; Ord. No. 178 3rd series, § 6, 10-10-2016) Secs. 70-6—70-35. - Reserved. ARTICLE II. - OFFENSES INVOLVING PROPERTY RIGHTS[2]