§ 12-14. Summary abatement  


Latest version.
  • (a) Any nuisance defined under section 12-3, 12-5, 12-7, or 12-8, excluding any structure included under the provisions of Minn. Stats. §§ 463.15 through 463.26, may be removed, corrected, or eliminated from private property through summary abatement as set forth in the following subsections:

    (1) Whenever an authorized officer determines that a public nuisance is being maintained or exists on private property in the city, the authorized officer shall notify, in writing, the owner or occupant of the property of such fact and order the nuisance to be terminated and abated.

    (2) The notice shall be served in person or by certified mail. If the property is unoccupied and the owner is unknown, the notice may be served by posting it on the property. The notice shall specify the steps necessary to abate the nuisance. The notice must also provide a reasonable deadline, not exceeding 20 days, for the nuisance to be abated.

    (3) If the notice is not complied with, a report shall be submitted to the council and a hearing by the council shall be set. The owner or occupant shall be provided with at least ten days' notice of the hearing. The hearing notice shall be served on the owner or occupant in the same manner, as provided in subsection (a)(2) of this section. For posted notice of the hearing, 30 days must elapse between the day of posting and the hearing.

    (4) At the hearing, the council shall provide the owner or occupant an opportunity to be heard. After hearing all evidence, the council may issue an order providing for the city to abate the nuisance.

    (5) Any abatement order issued by the council may be appealed to the county district court within ten days. Any properly filed appeal shall be limited to the issue of cost recovery by the city.

    (b) Any work performed by the city in abating, removing, correcting or eliminating a nuisance from private property shall be a current service for purposes of section 20-26. Any charges incurred by the city in abating, removing, correcting or eliminating from private property a nuisance may be collected as provided in sections 20-30 through 20-32. Such charges may include any actual costs incurred by the city, including, but not limited to, administrative, legal, engineering, and inspection and monitoring expenses, in connection with the abatement of the nuisance.

(Ord. No. 2007-101, § 2006:75, 11-15-2007; Ord. No. 2010-102, § 2006:75, 4-7-2010)