HomeMy WebLinkAboutOrdinance No. 1542ORDINANCE 1542
BEING AN ORDINANCE AMENDING ORDINANCE 1490, CITY CODE OF 2005
ALLOWING IMMEDIATE PUBLIC NUISANCE ABATEMENT
The City of Columbia Heights does ordain:
Chapter 8, Article 2, Sections 8.206 and 8.207 of the Columbia Heights City Code be
amended as follows:
8.206 ABATEMENT.
(A) Notice. Except for those cases determined by the city to require immediate
abatement, written notice of violation; notice of the time, date, place and subject of any
hearing before the City Council; and notice of City Council order shall be served on the
owner of record and any occupant of the premises either in person or by mail.
If the premise is not occupied, the owner of record is unknown, or the owner of
record or occupant refuses to accept notice of violation, notice of violation shall be
served by posting it on the premises.
(B) Procedure. Whenever the officer charged with enforcement determines that a
public nuisance is being maintained or exists within the city, the officer shall provide
notice thereof, and that such nuisance be terminated or abated. The notice of violation
shall specify the steps to be taken to abate the nuisance and the time within which the
nuisance is to be abated. If the notice of violation is not complied with within the time
specified, the enforcing officer shall report that fact forthwith to the City Council.
Thereafter, the City Council may, after notice as provided herein, and an opportunity to
be heard, determine that the condition identified in the notice of violation is a nuisance
and further order the nuisance be abated.
(C) Emergency procedure; immediate abatement. In cases of emergency, where delay
in abatement required to complete the notice and procedure requirements set forth in sub-
divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably
endanger public health, safety or welfare, the City Council may order immedia±e
abatement of the nuisance.
(a) The City Council lnay, by resolution, identify specific emergency
situations in which an immediate abatement shall occur.
(D) Immediate abatement. Nothing in this section shall prevent the city, without
notice or other process, from immediately abating any condition which poses an
imminent and serious hazard to human life or safety.
8.207 RECOVERY OF COST.
(A) Personal liability. The owner of premises on which a nuisance has been abated by
the city shall be personally liable for the cast to the city of the abatement, including
administrative costs. As soon as the work has been completed and the cost determined,
the City Treasurer or other official designated by the City Council 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 Treasurer.
(B) Assessment. If the abatement cost as determined above is not paid by the owner,
the City Treasurer 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 M.S. § 429.101, as it may be amended
from time to time, against each separate lot or parcel to which the charges are
attributable. The City Council may then spread the charges against such property under
that statute and other pertinent statutes for certification to the County Auditor and
collection along with current taxes the following year or in annual installments, not
exceeding ten, as the City Council may determine in each case.
This Ordinance shall be in full force and effect from and a$er 30 days after its passage.
First Reading: April 14, 2008
Second Reading: April 28, 2008
Date of Passage: Apri128, 2008
Offered by: Williams
Second by: Kelzenberg
Roil call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg
~~~~~
~` ~r .
f
- ~-=-a--
ay~r ~Gar,~G.~. Peterson
Attest:
n
~~ ~ ,
,~ ,
,!1?atricia Muscovitz CMC ,-~
City Clerk