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HomeMy WebLinkAboutOrdinance No. 1591 ORDINANCE NO. 1591 BEING AN ORDINANCE PERTAINING TO PUBLIC NUISANCE The City of Columbia Heights does ordain: Chapter 8, Article II, Section 6 (8.206) which currently reads as follows: § 8.206 ABATEMENT (A) Notice. (1) 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. (2) 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 subdivisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order immediate abatement of the nuisance. The City Council may, 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. Is herewith amended to read as follows: § 8.206 ABATEMENT (A) Notice. (1) 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. (2) 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 abatement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in subdivisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order an emergency abatement of the nuisance. 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. (D) Immediate abatement. The City Council may, by resolution, identify specific violations of City Code as a public nuisance in which an immediate abatement shall occur. (1) Whenever the officer charged with enforcement determines that such 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. Such notice may be posted on the property, served personally, or may be served by mail. (2) The notification shall state that the city will take appropriate remedial action to abate the public nuisance upon expiration of the prescribed notice, with a charge to the property owner /property for costs. (3) For properties for which there have been one or more notices issued within the prior 12 -month period, compliance with subdivisions (1) and (2) shall not be required. For those properties, the first notice issued within a 12 -month period shall contain a general notice that the city may abate future public nuisances without providing additional specific notice of the public nuisance. (E) The city shall cause the removal or other prescribed action of any public nuisances located on public property; or on private property, upon expiration of the prescribed notice to the owner (F) For the purpose of this section, the following definition shall apply. OWNER The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: .April 25, 2011 Second Reading: May 9, 2011 Date of Passage: May 9, 2011 Offered by: Diehm Seconded by: Williams Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Schmitt f.e.-- M : yor Gar \ ' eterson Attest: P tricia Muscovitz, MC, City erk