HomeMy WebLinkAbout1989-01 01-23 CCO CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 3rd day of
January 1989 at 7.30 p.m. at the City Hall, 6301 Shingle Creek
Parkway, to consider an amendment to Chapter 7 regarding the abatement of nuisances
and assessment of the costs of abatement.
Auxiliary aids for handicapped persons are available upon request at least 96 hours
in advance. Please contact the Personnel Coordinator at 561 -5440 to make
arrangements.
ORDINANCE NO. 89--01
AN ORDINANCE APIENDING CHAPTER 7 OF THE CITY ORDINANCES REGARDING
THE ABATEMENT OF NUISANCES AND ASSESSMENT OF THE COSTS OF ABATEMENT
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 7 of the City Ordinances of the City of Brooklyn Center
is hereby amended in the following manner:
Section 7 -105. NUISANCE ABATEMENT. Any accumulation of refuse on any
premises not stored in containers which comply with this ordinance, or any
accumulation of refuse on any premises which has remained thereon for more than one
week is hereby declared to be a nuisance and may be abated by order of the [city
health officer, as provided by Minnesota Statutes, Sections 145.22 and 145.23, and
the cost of abatement may be assessed on the property where the nuisance was found,
as provided in said section.] officer charged by the City Manager with enforcement
of this Section and the costs of abatement may be assessed against the property on
which the nuisance was found as follows:
A. In all cases to which Minnesota Statutes, Sections 145A.04 and 145A.08
apply, the City shall proceed under those Sections.
B. In all other cases, the officer charged with enforcement shall notify
the owner of the property on which the nuisance is found in writing
specifying the nature of the nuisance and ordering that the nuisance
be abated. Notice shall be served in person or by mail. If the owner
is unknown or cannot be located, notice may be served by posting it on
the property. The notice shall specify the steps to be taken to abate
the nuisance and the time, not exceeding ten (10) days, within which
the nuisance shall be abated. If the owner does not comply with the
notice and order of the enforcement officer within the time specified
therein. the City Council may, after notice to the owner and the
occupant of the property, if different from the owner, and an
opportunity to be heard, order that the nuisance be abated by the City.
The notice of hearing shall be served in the same manner as the notice
and order of the enforcement officer and shall be given at least ten
(10) days before the date specified for hearing of the matter by the
City Council. If notice is given by posting, at least thirty (30)
days shall elapse between the date of posting and the hearing. In an
emergency circumstances where there is an immediate threat to the
public health or safety or an immediate threat of serious property
damage, the enforcing officer may provide for abating the nuisance
without action of the City Council. In such a case, the enforcing
officer shall reasonably attempt to notify the owner and occupant of
ORDINANCE NO. 89 ®01
the intended action and the right to appeal the determination that a
nuisance exists and the order to abate the nuisance at the next
regularly scheduled City Council meeting. in case of abatement of
nuisances by the City, upon determination of the cost of abatement,
including administrative and other related expenses, the City Clerk
shall prepare and mail a bill therefor to the property owner, for the
amount so determined which shall immediately be due and payable. In
the event such bill is not paid by the September lst next following the
abatement of the nuisance, the costs of abatement shall be levied
against the property pursuant to Minnesota Statutes, Chapter 429.
Section 2. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this 23rd day of January 1989. j
si' •f
Mayor
ATTEST:
Clerk
Date of Publication December 15, 1988
Effective Date January 23, 1989
(Brackets indicate matter to be deleted, underline indicates new matter).
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