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09-28-2016 Workshop Packet
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09-28-2016 Workshop Packet
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<br /> 601-12 <br />intended action and the right to appeal the abatement and any cost recovery at the <br />next regularly scheduled city council meeting. <br /> <br />3. Major abatement. When the enforcement officer determines that the cost of abating a <br />nuisance will exceed $5,000 based on a reasonable, good faith estimate, the standard <br />abatement procedure provided in paragraph 1 is altered in the following manner: <br />a. The abatement notice must provide that if the party does not abate the <br />nuisance within the time specified, the matter will be referred to the city council <br />for a hearing, and <br />b. The abatement notice must specify the date, time, and location of the city <br />council hearing. <br /> <br />4. Vegetation abatement. For a vegetation public nuisance under section 601.030.h and <br />601.070, the standard abatement procedure provided in paragraph 1 is altered in the <br />following manner: <br />a. The abatement notice may require removal within three days after service of <br />the notice, not including Saturdays, Sundays or holidays. This notice will remain <br />in effect for the remainder of the calendar year; and <br />b. Two days advance notice posted on the property is required for abating a <br />recurrence of the same condition. <br /> <br />5. Cost recovery. The owner of property on which a nuisance has been abated by the <br />city, or a person who has caused a public nuisance on property not owned by that person, <br />is personally liable to the city for the cost of the abatement, including administrative fees <br />in the amount of not more than 25% of the cost to abate the nuisance, except that in no <br />event shall the administrative fee be less than $50.00. Unpaid charges constitute a lien <br />against the premises where the abatement occurred on and after the date they were <br />incurred. A property that is the subject of multiple nuisance abatements within any <br />continuous 60-month period may be charged additional administrative fees as follows, <br />except when the city council determines that there are mitigating circumstances to reduce <br />or eliminate the fee: <br />For the 2nd abatement $100 <br />For the 3rd abatement $200 <br />For the 4th abatement $400 <br />For the 5th and subsequent abatements $800 <br />As soon as the work has been completed and the cost determined, an appropriate official <br />will prepare a bill for the cost and mail it to the owner or other responsible party. The <br />amount is immediately due and payable to the City. <br /> <br />6. Assessment. If the cost, or any portion of it, has not been paid under subdivision 5 within 30 <br />days after the date of the bill, the council may certify the unpaid cost against the property to <br />which the cost is attributable. Before certification against the property, reasonable notice of the <br />impending certification and an opportunity to be heard by the council must be given to the
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