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2019.08.20 Planning Commission
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2019.08.20 Planning Commission
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Page 3 of 11 <br /> <br /> <br /> <br />(2) Abatement. If the nuisance is not abated by the date stated in the notice and no 62 <br />appeal has been filed, the City may abate the nuisance. City staff must keep a 63 <br />record of the total cost of the abatement attributable to the property and report the 64 <br />information to the Finance Director. 65 <br />(3) Abatement charges. When the abatement has been completed and the cost 66 <br />determined, the City shall prepare a bill and mail it to the record owner and 67 <br />thereupon the amount shall be immediately due and payable. If the record owner 68 <br />fails to pay the bill, the total charges may be certified by the City to the county 69 <br />auditor for collection with property taxes as set forth in Section 17-8(3) of this 70 <br />Article, or specially assessed in accordance with Minnesota Statutes Sections 71 <br />429.101 and 429.061, whichever may be applicable. 72 <br />(4) Emergency abatement. Nothing in this subchapter shall prevent the City, without 73 <br />notice or other process, from immediately abating any nuisance condition in an 74 <br />emergency situation which poses an imminent and serious hazard to the public 75 <br />health, safety, or welfare. To proceed with immediate abatement, the City official 76 <br />shall determine that a public nuisance exists or is being maintained on the premises 77 <br />and that delay in abatement will unreasonably endanger the public health, safety, or 78 <br />welfare. If at all possible, the City official shall attempt to notify the record owner 79 <br />of the nature of the nuisance and the abatement prior to the abatement. If 80 <br />notification prior to abatement is not possible, the City official shall notify the 81 <br />record owner as soon as practicable after abatement. 82 <br />17-7. Personal Liability and Special Assessments. 83 <br />(1) Authority. This section is adopted pursuant to Minnesota Statutes Section 429.101. 84 <br />(2) Personal liability. Except as otherwise provided by law, the owner of property on 85 <br />which (or adjacent to which) a service has been performed under this Article, is 86 <br />personally liable for the cost of the service. As soon as the service has been 87 <br />completed and the cost is determined, the Finance Director or other designated City 88 <br />official will prepare a bill and mail it to the owner and thereupon the amount will be 89 <br />due and payable in the office of the Finance Director. 90 <br />(3) Assessment. On or before September 15th of each year, the Finance Director will 91 <br />list the total unpaid charges for current services against each separate lot or parcel 92 <br />to which they are attributable to under this section. The City Council may then levy 93 <br />the unpaid charges against the property as a special assessment under Minnesota 94 <br />Statutes Section 429.101 and other pertinent statutes, for certification to the county 95 <br />auditor, and collection along with current taxes the following year or in annual 96 <br />installments, not exceeding 10, as the Council determines. 97
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