3 Consider Adopting an Ordinance Declaring the Property at 31116 Ash Street to be a Public Nuisance

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Mr. and Mrs. Derksen August 11,2014 Page 3 of 5 reserves the right to record a lien against real estate that is the subject of a land use enforcement action pursuant to Section 514.67 of Minnesota Statutes, for any of the aforementioned unpaid fees and services. With specific regard to the public nuisance conditions on the Property,the following is one process established in the City Code that the City may utilize to abate the a public nuisance on the Property: a. Section 7-2.6.ABATEMENT. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the City,the officer shall notify in writing the owner or occupant of the premises of such fact and order that such nuisance be terminated and abated.The notice shall be served in person or by certified or registered mail. If the premises are not occupied and the owner is unknown,the notice may be served by posting it on the premises.The notice shall specify the steps to be taken to abate the nuisance and the time,not exceeding 30 days, within which the nuisance is to be abated. If the notice is not complied with within the time specified,the enforcing officer shall report that fact forthwith to the Council. Thereafter the Council may, after notice and the owner or occupant has had an opportunity to be heard,provide for abating the nuisance by the City. The notice shall be served in the same manner as notice by the enforcing officer is served,and shall be given at least ten (10)days before the date stated in the notice when the Council will consider the matter. If notice is given by posting, at least thirty(30)days shall elapse between the day of posting and the hearing. b. Section 7-2.7. RECOVERY OF COST. i. 1. Personal Liability.The owner of the premises on which a nuisance has been abated by the City shall be personally liable for the cost to the City of the abatement, including administrative costs.As soon as the work has been completed and the cost determined,the City clerk shall prepare a bill for the cost and mail it to the owner. Thereupon,the amount shall be immediately due and payable at the office of the City Clerk. ii. 2.Assessment. If the nuisance is a public health or safety hazard on private property,the growth of weeds on private property or outside the traveled portion of streets,or unsound or insect-infected trees,the Clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under Minnesota Statutes, Section 429.101 against each separate lot or parcel to which the charges are attributable. The Council may then spread the charges against such property under the statute and other pertinent statutes for certification to the County Auditor and collection along with the current taxes the