HomeMy WebLinkAboutOrd #002-3rd Ser/Amending code regarding abatement proc . 1
ORDINANCE NUMBER 2 .THIRD SERIES
AN ORDINANCE AMENDING THE ORONO, MINNESOTA CODE
BY ADDING SECTION 70-5
REGARDING ABATEMENT PROCEDURE
The City Council of the City of Orono ordains:
SECTION 1. Chapter 70, Offenses and Miscellaneous Provisions, is hereby amended by adding
the following language as Sec. 70-5 —Abatement Procedure:
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 unknown, 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 time 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 at the next regularly scheduled
city council meeting.
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(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, includinQ 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 payable 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 b��the council must be given
to the taxpayer of record. Failure of the taxpayer to receive the norice �vill not invalidate the
certification. 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 eaceeding ten, as the council
may determine in each case.
SECTION 2. This Ordinance shall be published in THE PIOv'EER and THE LAKER
newspapers and shall be effective upon approval and publication.
Adopted by the City Council of the City of Orono on this l Oth day of November,
2003 by a vote of 5 ayes and o nays.
ATTEST:
���. ,�- ��
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Published in the Laker/Pioneer newspapers the week of November 22, 2003.
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