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3 Consider Adopting an Order Declaring Property to be a Public Nuisance
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10-03-2017 Special Council Meeting
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3 Consider Adopting an Order Declaring Property to be a Public Nuisance
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Additionally,in all cases where the City is reviewing,investigating, or administering for <br /> purposes of enforcing compliance with this Chapter,the offendiag party shall be <br /> required to reimburse the City for the City's fees and costs associated with enforcing <br /> compliance with this Chapter. Fees and costs include,but are not limited to,attorney's <br /> fees,engineering fees, consultant fees,and other professional services deemed necessary <br /> by the City. The City also reserves the right to record a lien against real estate that is the <br /> subject of a land use enforcement action pursuant to Section 5i4.6�of Minnesota <br /> Statutes and the City Code provisions set forth below,for any of the aforementioned <br /> unpaid fees and services. <br /> With specific regard to the public nuisance conditions on the Property,the following is <br /> one process established in the City Code that the City may utilize to abate the public <br /> nuisance on the Property: <br /> a. Section�-2.6. ABATEMENT.Whenever the officer charged with enforcement <br /> determines that a public nuisance is being maintained or exists on premises in <br /> the City,the officer shall notify in writing the owner or occupant of the <br /> premises of such fact and order that such nuisance be terminated and abated. <br /> The notice shall be served in person or by certified or registered mail. If the <br /> premises are not occupied and the owner is unknown,the notice may be <br /> served by posting it on the premises.The notice shall specify the steps to be <br /> taken to abate the nuisance and the time, not exceeding 3o da.ys,within which <br /> the nuisance is to be abated. If the notice is not complied with within the time <br /> specified,the enforcing officer shall report that fact forthwith to the Council. <br /> Thereafter the Council may,after notice and the owner or occupant has had <br /> an opportunity to be heard,provide for abating the nuisance by the City.The <br /> notice shall be served in the same manner as notice by the enforcing officer is <br /> served, and shall be given at least ten(io)days before the date stated in the <br /> aotice when the Council will consider the matter. If notice is given by posting, <br /> at least thirry(30)days shall elapse between the day of posting and the <br /> hearing. <br /> b. Section�-2.�. RECOVERY OF COST <br /> i. Personal Liabilitv. The owner of the premises on which a nuisance has <br /> been abated by the City shall be personally liable for the cost to the City <br /> of the abatement,including administrative costs.As soon as the work <br /> has been completed and the cost determined,the City clerk shall <br /> prepare a bill for the cost and mail it to the owner.Thereupon,the <br /> amount shall be immediately due and payable at the office of the City <br /> Clerk. <br /> ii. Assessment. If the nuisance is a public health or safety hazard on <br /> private property,the growth of weeds on private property or outside <br /> the traveled portion of streets, or unsound or insect-infected trees, the <br />
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