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T <br />N <br />§ 5.36.050 <br />Sec. 5.36.050. Abatement procedure. <br />(a) Abatement. Except for the abatement of <br />public nuisance vehicles governed by section <br />5.24.030, the following abatement procedure <br />applies to all public nuisances. Whenever the <br />city administrator or designee determines that a <br />public nuisance is being maintained or exists on <br />property, the city administrator or designee must <br />give written notification to the property owner <br />and occupant or other responsible party of that <br />fact and order that the nuisance be terminated <br />and abated. Notice must be served in person or <br />by mail. Notice to the owner will be satisfied by <br />notice to the person listed as the taxpayer on the <br />county's tax records. If the property is not <br />occupied, the owner is unknown, or no other <br />responsible party can be reasonably identified, <br />notice may be served by posting it on the property. <br />The notice must specify the steps to be taken to <br />abate the nuisance and the time, not exceeding <br />ten days, within which the nuisance is to be <br />abated. The notice must also provide that if the <br />owner, occupant, or other responsible party does <br />not comply with the notice within the time <br />specified, the city council may provide for abat- <br />ing the nuisance by the city. The notice must <br />state the date, time, and location of the city <br />council consideration and give the person the <br />right to be heard. The notice of the council <br />hearing must be given at least ten days before <br />the council will consider the matter. If notice is <br />given by posting, at least 30 days must elapse <br />between the day of posting and the hearing. <br />(b) Summary abatement. The city administra- <br />tor or designee may provide for abating a public <br />nuisance without following the procedure required <br />in subsection (a) of this section when: <br />(1) There is an immediate threat to the <br />public health or safety; <br />(2) There is an immediate threat of serious <br />property damage; or <br />(3) A public nuisance has been caused by <br />private parties on public property. <br />If the city administrator or designee abates the <br />nuisance under this section, he must reasonably <br />attempt to notify the owner, occupant, or other <br />responsible party of the intended action and the <br />right to appeal the abatement and any cost <br />recovery. <br />(c) Cost recovery. The owner of property on <br />which a nuisance has been abated by the city, or <br />a person who has caused a public nuisance on <br />property not owned by that person, is personally <br />liable to the city for the cost of the abatement, <br />including administrative costs. As soon as the <br />work has been completed and the cost determined, <br />an appropriate official will prepare a bill for the <br />cost and mail it to the owner or other responsible <br />party. The amount is immediately due and pay- <br />able to the city treasurer. <br />(d) Assessment. If the cost, or any portion of <br />it, has not been paid under subsection (c) of this <br />section within 30 days after the date of the bill, <br />the council may certify the unpaid cost against <br />the property to which the cost is attributable. <br />Before certification against the property, reason- <br />able notice of the impending certification and an <br />opportunity to be heard by the council must be <br />given to the taxpayer of record. Failure of the <br />taxpayer to receive the notice will not invalidate <br />the certification. The council may certify unpaid <br />cost to the county auditor for collection along <br />with current taxes in the following year or in <br />annual installments, not exceeding ten, as the <br />council may determine in each case. <br />(Code 2003, § 70-5; Ord. No. 2(3rd series), § 1, <br />11-10-2003; Ord. No. 178(3rd series), § 6, 10-10- <br />2016) <br />ARTICLE II. OFFENSES INVOLVING <br />PROPERTY RIGHTS* <br />Sec. 5.36.110. Vacating premises. <br />No person shall fail or refuse to vacate or <br />leave any premises after being requested or <br />ordered, whether orally or in writing, to do so by <br />the owner or person in charge of the premises, or <br />by any law enforcement agent or official; however, <br />this provision shall not apply to any person who <br />is owner or tenant of the premises involved nor <br />to any law enforcement or other government <br />*State law reference Offenses involving property rights, <br />Minn. Stats. § 609.556 et seq. <br />CD5:72 <br />