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Home My WebLink About1985-008 Council Ordinances• • CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ("8 —0 C ORDINANCE NO. 85-08 AN ORDINANCE PROVIDING AN ABATEMENT PROCEDURE FOR NUISANCES The City Council of the City of Lino Lakes does hereby ordain: Section 1. Declaration of Policy. The City Council of the City of Lino Lakes has determined that the health, safety, good order, general welfare, and convenience of the public is threat- ened by certain public nuisances on property within the City limits. It is declared to be the intention of the Council to abate these nuisances, and this ordinance is enacted for that purpose. Section 2. Whoever, by his act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance and may be ordered to abate the nuisance as provided herein, charged with a misdemeanor, or both: 1. Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public. 2. Interferes with, obstructs, or renders dangerous for passage any public highway or right of way, or waters used by the public. 3. Willfully opposes or obstructs a health officer of physician charged with the enforcement of the health laws in performing any legal duties. 4. Is guilty of any other act or omission declared by state law or City ordinance to be a public nuisance. Section 3. Hearing Examiner. 1. Position Created. The position of Hearing Examiner is hereby created. The City Council may contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this ordinance and set the rate of compensation therefor. 2. Duties of the Hearing Examiner. The Hearing Examiner shall have the following duties: a. Set dates and hear all contested cases following appeals of orders of the Zoning Administrator or Chief Building Official. • b. Take testimony from all interested parties. • c. Dake a complete record of all proceedings. d. Affirm, repeal or modify the order of the Zoning Administrator or Chief Building Official and pre- pare written findings of fact. Section 4. Inspection and Investigation. 1. Periodic Inspection. The Zoning Administrator or Chief Building Official shall cause to be inspected all public and private places within the City which might contain a public nuisance as defined in this Code as often as practicable to determine whether any such con- ditions exist. The Zoning Administrator or Chief Building Official shall also investigate all reports of public nuisances located within the City. 2. Entry on Public and Private Places. The -Zoning Administrator, Chief Building Official or their duly authorized agents may enter upon all public and private places at any reasonable time for the purposes of inspecting those places for public nuisances. Section 5. Abatement of Nuisances. Upon a determination by the Zoning Administrator or Chief Building Official that a public nuisance exists on any public or private property within the City, the Zoning Administrator or Chief Building Official shall order the public nuisance to be abated in a manner con- sistent with the City Ordinances and state law. Section 6. Procedure for Removal of Public Nuisances. 1. Whenever the Zoning Administrator or Chief Building Official finds with reasonable certainty that a public nuisance exists on any public or private property in the City of Lino Lakes, he shall notify the affected property owner by personal service or by certified mail that the nuisance must be abated within a reasonable time, not momthan twenty (20) days from the date of service of the notice. Service by certified mail shall be deemed complete upon mailing. The order shall state with specificity the nature of the violations and the requirements for compliance. The order shall also state that the property owner may, within twenty (20) days of the date of the order, request a hearing before the Hearing Examiner and shall set out the procedure by which that hearing may be requested. The order shall also state that failure to abate the nuisance or request a hearing within the applicable time periods will result in summary abatement procedures, and that the cost of abatement will be assessed against the • • subject property. Upon expiration of the time required by the notice, the Zoning Administrator or Chief Building Official may abate the nuisance unless a request for a hearing has been timely filed. 2. Any property owner who feels aggrieved by an order of the Zoning Administrator or Chief Building Official issued pursuant to this ordinance may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the City Clerk within twenty (20) days after service of the notice by the Zoning Administrator or Chief Building Official. The City Clerk shall notify the Hearing Examiner who shall notify the property owner of the date, time and place of the hearing. The hearing shall be conducted no more than ten (10) days after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the prop- erty owner and the City. Both the property owner and the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. Within ten (10) days after such hearing, the Hearing Examiner shall affirm, repeal or modify the order of the Zoning Administrator or Chief Building Official. The Hearing Examiner's order shall be accompanied by written findings of fact. Any person aggrieved by the decision of the Hearing Examiner may appeal that deci- sion to the City Council by filing notice of such appeal with the office of the City Clerk. At its next available regular meeting, following the filing of a notice of appeal, the Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that decision. The City shall take no action to abate any nuisance while the matter is still pending before the Hearing Examiner or the City Council. 3. The Zoning Administrator or Chief Building Official shall keep a record of the costs of abatements done under this ordinance and shall report monthly to the City Clerk or other appropriate officer all work done for which assessments are to be made, stating and cer- tifying the description of the land, lots or parcels involved and the amount assessable to each. 4. On or before September 1 of each year, the City Clerk shall list the total unpaid .charges for each abatement against each separate lot or parcel to which they are attributable under this ordinance. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes, for certification to the County Auditor and collection the following year along • • with current taxes. Such assessment shall be payable in no more than ten (10) equal annual installments, pursuant to Minnesota Statutes, Section 429.01, Subdivision 2. Section 7. Interference Prohibited. No person shall prevent, delay or interfere with the Zoning Administrator, Chief Building Official or their agents while they are engaged in the performance of duties set forth in this ordinance. Section 8. Validity. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 9. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor as defined by state law and subject to the penalties thereof. Section 10. Effective Date. This ordinance shall take effect and be in force upon its passage and publication as required by law. Ad�°gted by the Lino Lakes City Council on the day of oa , , ATTEST: Clerk Mayor