City of Breckenridge, MN Violations; Enforcement

Standard abatement. Unless a different procedure is specifically authorized by this code or other applicable law, and except as otherwise provided under Subsections B, C and D below, the following abatement procedure applies to all public nuisances in the City.

(1)

Notice. Whenever the City Administrator or the Administrator's designee responsible for enforcement determines that a public nuisance is being maintained or exists on property, the officer must give written notification to the property owner and occupant or other responsible party of that fact and order that the nuisance be terminated and abated. Notice must be served in person or by certified mail. Failure of the party to receive the certified mail does not invalidate the service of the notice. Notice to the owner will be satisfied by notice to the person listed as the taxpayer on the county's tax records. If the property is not occupied, the owner is unknown, or no other responsible party can be reasonably identified, notice may be served by posting it on the property for a period of at least 72 hours. The notice must state:

(a)

The property location of the public nuisance;

(b)

The nature of the public nuisance, with reference to the appropriate code provision;

(c)

The corrective actions that must be taken to abate the nuisance and a reasonable amount of time within which the nuisance is to be abated;

(d)

That if the owner, occupant, or other responsible party does not comply with the notice within the time specified, the City may provide for abating the nuisance itself;

(e)

That the owner, occupant, or other responsible party has the right to appeal the designation as a public nuisance by submitting a request in writing to the City Administrator before the earlier of:

[1]

The date by which abatement of the identified nuisance must be completed; or

[2]

Seven calendar days after service of the notice; and

(f)

That the City may assess its costs incurred in abating the nuisance against the property in accordance with this section.

(2)

Appeal. The owner, occupant, or other responsible party served with a notice under Subsection A(1) may appeal the nuisance designation to the City Council within the time provided in the notice. If a timely appeal is submitted, the matter must be scheduled for a hearing before the City Council. A notice of the hearing must state the date, time, and location of the City Council hearing, must be served in the same manner as the abatement notice, and must be given at least 10 days before the hearing. After holding the hearing, the City Council may issue an order requiring abatement of the nuisance consistent with Subsection A(3).

(3)

Abatement. If the City Council, after hearing an appeal under Subsection A(2), orders abatement of the nuisance, or if no timely appeal is submitted and the nuisance is not abated within the deadline given, then the City may enter onto the property on which the nuisance exists and cause the same to be abated or removed by the City in any other manner it deems appropriate. Abatement may include, but shall not be limited to, removal, cleaning, painting of exterior surfaces, extermination, cutting, mowing, grading, sewer repairs, draining, securing, boarding unoccupied structures, barricading or fencing, removing dangerous portions of structures and demolition of dangerous structures or abandoned buildings. If deemed necessary by the City Administrator, the City may seek summary enforcement of the abatement order in the district court by causing a copy of the abatement order and notice of motion for summary enforcement to be served on the owner and occupant in the manner provided for service of a summons in a civil action, or alternatively obtain an administrative search and seizure warrant and abate the nuisance.

Summary abatement.

(1)

The City Administrator or the Administrator's designee responsible for enforcement may provide for abating a public nuisance pursuant to Subsection A(3) without following the standard abatement procedure required in Subsection A(1) and (2) above when:

(a)

There is an immediate threat to the public health or safety;

(b)

There is an immediate threat of serious property damage; or

(c)

A public nuisance has been caused by private parties on public property.

(2)

If the City summarily abates the nuisance under this Subsection B, the enforcing officer must reasonably attempt to notify the owner, occupant, or other responsible party of the intended summary abatement action in advance of such action, and thereafter must serve written notice of the owner's right to appeal the cost recovery for such summary abatement to the City Council in the manner required for service of the abatement notice required in Subsection A(1) above. An appeal of a summary abatement under this Subsection B(2) shall be limited to the issue of cost recovery by the City.

Major abatement. When the City Administrator determines that the cost of abating a nuisance will exceed $5,000 based on a reasonable, good faith estimate, the standard abatement procedure provided in Subsection A is altered in the following manner:

(1)

The abatement notice must provide that if the party does not abate the nuisance within the time specified, the matter will be referred to the City Council for a hearing.

(2)

The abatement notice must specify the date, time, and location of the hearing before the City Council.

(3)

The City must cause notice of the date, time, and location of the hearing before the City Council to be published at least 10 days before the hearing and allow any parties who wish to be heard an opportunity to address the City Council during the hearing.

Cost recovery. The owner of property on which a nuisance has been abated by the City, or a person who has caused a public nuisance on property not owned by that person, is personally liable to the City for the cost of the abatement, including, without limitation, administrative costs and court fees and costs and attorneys' fees, if applicable. Unpaid charges constitute a lien against the premises where the abatement occurred on and after the date they were incurred. As soon as the work has been completed and the cost determined, an appropriate official will prepare a bill for the cost and mail it to the owner or other responsible party. The amount is immediately due and payable to the City.

Assessment. If the cost, or any portion of it, has not been paid under Subsection D within 30 days after the date of the bill, the Council may certify the unpaid cost against the property to which the cost is attributable. Before certification against the property, reasonable notice of the impending certification and an opportunity to be heard by the Council must be given to the taxpayer of record. Failure of the taxpayer to receive the notice will not invalidate the certification. The Council may certify unpaid cost to the county auditor for collection along with current taxes in the following year or in annual installments, not exceeding 10, as the Council may determine in each case.

Remedy not exclusive. Abatement action under this section does not preclude any other civil or criminal enforcement procedure.