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HomeMy WebLinkAbout1996-22 12-16 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 16th day of December, 1996, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapters 12 and 19 of the City Ordinances Relating to the Abatement of Nuisances and Housing Code Violations. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. 96 -22 AN ORDINANCE AMENDING CHAPTERS 12 AND 19 OF THE CITY ORDINANCES RELATING TO THE ABATEMENT OF NUISANCES AND HOUSING CODE VIOLATIONS; AMENDING SECTIONS 12- 1201,12 -1206, AND 19 -105 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 12 -1201. COMPLIANCE ORDER. Whenever the compliance official determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this [ordinance] Chapter, a compliance order setting forth the violations of the ordinance and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this ordinance. 3. Establish a reasonable time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon owner, agent or occupant personally; or b. Sent by registered mail to his last known address; or c. Upon failure to effect notice through (a) and (b) as set out in this ORDINANCE NO. 96 -22 Section 12 -1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY. Upon failure to comply with a compliance order within the time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may, by resolution, following a hearing upon not less than ten (10) days notice to the landowner cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429, but the assessment shall be payable in a single installment. Section 2. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 19 -105. ABATEMENT OF NUISANCE AND ASSESSMENT OF COST. When any nuisance is found to exist, the health officer of the City shall order the owner or occupant thereof to remove the same, at the expense of the owner or occupant, within a period not to exceed 10 days, the exact time to be specified in the notice. [Upon failure of the owner or occupant to abate the nuisance, the Director of Planning and Inspection shall cause said nuisance to be abated, shall certify the cost thereof to the City Clerk, and the City Clerk shall certify said costs to the county auditor to be extended on the tax roll of the County against the real estate from which the nuisance has been abated, all in accordance with Minnesota Statutes Sections 145.22, 145.23, and 412.221.] Said order may be appealed following the same procedures as are set forth in Sections 12 -1202 and 12 -1203. Compliance orders may be executed and special assessments levied by the City under the same circumstances and following the same procedures as are set forth in Section 12 -1206. Section 3. This ordinance shall be effective after adoption and upon thirty (30) days following its legal publication. Adopted this 16th day of December 1996, ATTEST: section, posted at a conspicuous place in or about the building, or portion thereof, which is affected by the notice. City Clerk Date of Publication November 10 1996 and December 25 1996 Effective Date January 24 1997 (Brackets indicate matter to be deleted, underline indicates new matter.) Mayor