ORD 91-23CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 91-23
AN ORDINANCE DEFINING NUISANCES, PROHIBITING THEIR CREATION
OR MAINTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES
FOR VIOLATION THEREOF.
The following official summary of this ordinance has been
approved by the Otsego City Council as clearly informing the public
of the intent and effect of the ordinance:
It is the intent and effect of the above entitled ordinance to
define those acts, things and uses of property within the City of
Otsego which shall be considered nuisances, specifically nuisances
which affect the public health, the public morals and decency, and
the public peace and safety. Among those general headings are
specific provisions regarding various acts such as pollution of
water and soil, burning, and exposure to disease as public.health
nuisances; gambling, prostitution, and illegal possession and
dispensation of intoxicating liquors and illegal drugs as morals
and decency nuisances; and snow, ice, and water accumulation, and
junk vehicles or other personalty and various dangerous property
conditions as public safety nuisances. The ordinance also adopts
by reference the Minnesota Hazardous Building Law, Minn. Stat.
463.15 et seq. and defines those noises which constitute nuisances
including a general prohibition against continued, loud,
unnecessary noises which unreasonably annoy others, restrictions on
kinds and uses of certain horns and signaling devices, loud broad-
casters of noise, loud speakers, unnecessary yelling and shouting,
animal noises which are loud and continuous, whistles, sirens and
other various noises, and areas wherein nuisance noises are
prohibited. The ordinance further defines public consumption of
intoxicating liquor or non -intoxicating malt liquor on public
sidewalks, streets (or in public parking lots and parks without
City authorization) as a nuisance. The ordinance places
responsibility for enforcement upon the City Council, which can
delegate said authority, and outlines a procedure for abatement of
nuisances generally, and in emergency cases. The ordinance further
provides for personal liability for the costs of removal to the
owners of property from which the nuisance emanates and allows for
assessment against that property in certain cases. Violations of
this ordinance constitute a misdemeanor, as defined by State law,
and the ordinance provides that, upon conviction, the costs of
prosecution may be added to any penalty imposed.
A printed copy of the ordinance is available for inspection by
any person at the Otsego City Hall.
This summary approved by the Otsego City Council this 25TH _
day of November , 1991.
No n, Freske, Mayor
CITY OF OTSEGO
Je me Perrault, City Clerk
CI Y OF OTSEGO
NUISANCE ORDINANCE
SUMMARY
General: The nuisance ordinance is a comprehensive ordinance that
addresses all major areas of nuisance law in a single ordinance
rather than having the sections distributed throughout the overall
set of ordinances. This should serve both the public and the
enforcing officials since it makes the ordinance more accessible.
The major sections are summarized below.
I. Section 6-2-1 defines a public nuisance in broad terms to
include any act, thing or use of property that endangers the
pubic health, safety or welfare.
II. Section .6-2-2 specifically addresses health. This section
prohibits a laundry list of acts including accumulating trash
or garbage, discharge of sewage, pollution of any well or
water supply, growing dense acumulations of noxious weeds,
burning without a permit, dense smoke and offensive trades and
businesses.
III. Section 6-2-3 specifically addresses morals and decency. This
section prohibits illegal gambling, prostitution and illegal
sales of liquor and drugs.
IV. Section 6-2-4 specifically addresses peace and safety. This
prohibits a long list of specific acts including accumulations
of snow on sidewalks, obstruction of public streets, waste
water on the city streets, open wells, obstruction of natural
waterways, operating artificial lighting outdoors in an
improper manner, depositing dirt or construction debris on
public right of way and depositing garbage on public right of
ways.
V. Section 6-2-5 specifically address outside storage of
personality. It acts to prohibit outdoor storage of any
vehicle or other large item of personal property that is
either unusable or, if a motor vehicle or water craft,
unlicensed. This section does not prohibit all outdoor
storage. It will require that vehicles, including watercraft
and the trailer they rest on, be licensed if they are stored
outdoors. The city is empowered to abate the nuisance if
necessary.
VI. Section 6-2-6 adopts the hazardous building law from Minnesota
Statutes, Chapter 463.15 through 463.261.
VII. Section 6-2-7 addresses public noise.
A. Subsection B establishes standards to be considered in
determining a violation of the ordinance. These include
volume, intensity, nature of the noise, proximity to
residential areas, character and zoning of the
neighborhood, density of inhabitation; time of day and
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whether it is a commercial or private source.
B. Subsections C, D and J address public use of loudspeakers
and other amplified sound.
C. Subsections H, I, L, O, P and Q address various aspects
of motor vehicles and commercial activity such as
construction.
D. Other subsections address noise emanating from public
peddlers, school and hospital zones and animals.
E. Subsections R and S adopt the standards in Minnesota Rule
7010.001 through 7010.1600 and supplements them by
establishing that, within certain time limits (10:00 p.m.
- 7:00 a.m.), noise heard outdoors at a distance of 50
feet is a nuisance.
VIII. Section 6-2-9 assigns responsibility for any nuisance to
both the owner and tenant of any premises.
IX. Section 6-2-10 concerns public consumption of alcohol.
X. Section 6-2-12 provides the City with a general power of
abatement and establishes a process for such abatement.
XI. Section 6-2-13 provides for recovery by the City of the cost
of abatement. The ordinance provides for billing for the
abatement and, where allowed by state law, assessing them to
the property taxes of the property involved.
XII. Section 6-2-14 makes violations a misdemeanor.
CITY OF OTSEGO
COUNTY OF WRIGHT
.STATE OF MINNESOTA
ORDINANCE NO. 91--or13
AN ORDINANCE DEFINING NUISANCES,
PROHIBITING THEIR CREATION OR
MAINTENANCE AND PROVIDING FOR
ABATEMENT AND PENALTIES FOR
VIOLATION THEREOF.
The City Council of the City of Otsego
ordains as follows:
6-2-1: Public Nuisance Defined. A public nuisance is a thing, act
or use of property which:
A. Maintains or permits a condition which unreasonably
annoys, injures, or endangers the safety, health, morals,
comfort, or repose of any considerable numbers of the
public; or
B. Interferes with, obstructs, or renders dangerous for
passage, any public highway or right-of-way, or waters
used by the public; or
C. Any other act or omission declared by law or this chapter
to be a public nuisance.
6-2-2: Public Nuisance Affecting Health The following are hereby
declared to be nuisances affecting health:
A. Exposed accumulation of decayed or unwholesome food or
vegetable matter;
B. All animals running at large;
C. All ponds or pools of stagnant water;
D. Carcasses of animals not buried or, destroyed within
.24 hours after ddath;
E. Accumulations of manure, refuse, or other debris;
F. The discharge, disposal, accumulation, or collection of
sewage or industrial waste;
G. Garbage cans or other refuse containers which are not
rodent -free or fly -tight or which are so maintained as to
constitute a health hazard or to emit foul and
disagreeable odors and which waste is not removed at
least once a week;
H. The pollution of any public well or cistern, stream or
lake, canal or other body of water by sewage, industrial
waste, or any other substances;
I. All noxious weeds, as defined in Minnesota Rules
1505.0730, and other rank growths of vegetation, upon
public or private property.
J. Burning in violation of City of Otsego Ordinance No. 6;
K. Dense smoke, noxious fumes, gas and soot, or cinders, in
unreasonable quantities;
L. All public exposure of persons having a contagious
disease;
M. Any offensive trade or business as defined by either
ordinance or State Statute or such trade or business
whose operation constitutes a clear and present danger to
the health of the public in general.
6-2-3: Public 'Nuisances Affecting Morals and Decency. The following
are hereby declared to be nuisances affecting public morals and
decency:
A. Any gambling device not authorized by State Law and not
properly permitted by the appropriate jurisdiction,
including, but not limited to, slot machines and punch
boards;
B. Betting, or bookmaking, not allowed by State Law, and all
apparatus used in such operations;
C. All houses kept for the purpose of prostitution;
D. All places where intoxicating liquor or illegal drugs are
manufactured or dispensed of in violation of law or
where, in violation of law, persons are permitted for the
purpose of drinking intoxicating liquor or ingesting or
otherwise using illegal drugs, gr where intoxicating
liquor or illegal drugs are kept for sale or other
disposition in violation of law, and all liquor, illegal
drugs, and other property used for maintaining such
places;
E. Any vehicle used for the illegal transportation of
intoxicating liquor and/or illegal drugs, or for
prostitution and/or other immoral or illegal purpose.
6-2-4: Public Nuisances Affecting Peace and Safety. The following
are declared to be nuisances affecting public peace and safety:
A. All snow and ice not removed from public sidewalks within
12 hours after the snow or other precipitation causing
the condition has ceased to fall;
B. Depositing, or causing to be deposited, any snow or ice
on or against any fire hydrant or on any sidewalk or
roadway;
C. All trees, hedges, billboards, or other obstructions
which prevent persons from having a clear view of all
traffic approaching an intersection_;
D. All wires and limbs of trees which are so close to the
surface of a sidewalk or street as to constitute a danger
to pedestrians or vehicles;
E. Obstructions and excavations affecting the ordinary use
by the public of streets, alleys, sidewalks, or public
grounds except under such conditions as are permitted by
City Ordinances or other applicable law;
F.' Placing or storing on any street, sidewalk, alley or
public right-of-way any boxes, goods, wares, merchandise,
building materials, machinery, business or trade
articles, except for the purpose of immediately
transferring to some other proper place;
G. Any tree, shrub, bush, or other vegetation located on
private property which obstructs use or travel on any
public right-of-way;
H. Radio aerials or television antennae erected or
maintained in a dangerous manner;
I. Any use of property abutting a public street or sidewalk
or any use of a public street or sidewalk which causes
large crowds of people to gather, obstructing traffic and
the free use of the street or sidewalk and which activity
is conducted without a permit, license or other
permission duly granted by the City;
J. All hanging signs, awnings, and other similar structures
over streets and sidewalks, or so situated so as to
endanger public safety, or not constructed and maintained
as provided by ordinance;
K. The allowing of rain water, ice, snow to fall from any
building or structure upon any street or sidewalk or to
flow across any sidewalk;
L. Any electric or barbed wire fencing strung lower then six
feet in height and within three feet of a public sidewalk
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or way, except when used in conjunction with agricultural
uses in an area zoned for such use;
M. All dangerous, unguarded machinery in any public place,
or so situated or operated on private property as to
attract the public;
N. Waste water cast upon or permitted to flow upon streets
or other public property;
O. Accumulations in the open of discarded or dis-used
machinery, household appliances, automobile bodies, or
other material, in a manner conducive to the harboring or
rats, mice, snakes, or vermin, or the rank growth of
vegetation among the items so accumulated, or items
accumulated in a manner creating fire, health, or safety
hazards;
P. Accumulation in the open of broken or unused metal, wood
lumber, cement, electrical fixtures, plumbing fixtures,
building materials (but excluding building materials
awaiting use in construction or improvement presently in
progress on the same premises), trash, debris, rubbish,
in a manner conducive to the harboring or rats mice,
snakes, or vermin, or the rank growth of vegetation among
the items so accumulated, or in a manner creating fire,
health, or safety hazards from such accumulations;
Q. Any well, hole, or similar excavation which is left open
or uncovered or in such other condition as to constitute
a danger to any child or other person coming on the
premises where it is located;
R. Obstruction of the free flow of water in a natural
waterway, a public street drain, storm sewer, gutter, or
ditch with trash or other materials;
S. Digging excavations, placing culverts, placing dams, or
doing any act which may alter or affect the drainage of
public property, streets, alleys or sidewalks; or affect
flows of the public storm sewer and drainage ditch
system, without authorization by the city;
T. The placing or throwing on any street, sidewalk, or other
public property of any glass, tacks, nails, bottles, or
other substance which may injure any person or animal or
damage any pneumatic tire when passing over such
substance;
U. The deposition of garbage of refuse on a public right-of-
way or on adjacent private property;
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V. Throwing, placing, or depositing dirt, rocks, sand,
leaves, trash, lawn clippings, weeds, grass, or other
materials in the streets, sidewalks, ditches or other
public ways and the gutters thereof;
W. Permitting dirt, rocks or mud from construction or
landscaping activities to be carried or deposited onto
nearby streets, sidewalks, ditches or other public ways
and the gutters thereof;
X. All other conditions or things which are likely to cause
injury to the person or property of anyone;
Y. Operation of any artificial lighting facilities upon any
private property without an effective shade or equivalent
device to protect nearby residential premises from being
adversely affected thereby;
Z. Any used refrigerator, ice box, or freezer, with door
latch intact, which is accessible to children.
6-2-5: Storage of Personalty.
A. Unsheltered storage of unused, stripped, junked, and
other automobiles, recreational vehicles, motorcycles,
watercraft or any other motor vehicle, not in good and
safe operating condition and bearing a current State of
Minnesota License or Registration for that type of
vehicle, and of any other vehicles, machinery,
implements, and/or equipment and personal property of any
kind which is no longer safely usable for the purposes
for which it was manufactured, all of which is
hereinafter described as "said personalty", for a period
of thirty days or more (except in licensed junkyards)
within the corporate limits of the City of Otsego is
hereby declared to be a nuisance and dangerous to the
public safety.
B. Abatement by Owners. 'The owner, owners, tenants, lessees
and/or occupants of any lot within the corporate limits
of the City of Otsego upon which ,such above prohibited
storage is made; and also the owner, owners, and/or
lessees of said personalty involved in such storage, all
of whom are hereinafter collectively referred to as
"owners", shall jointly and severally abate said nuisance
by the prompt removal of said personalty into completely
enclosed buildings authorized to be used for such
purposes, or to a licensed junkyard, or remove it to a
location outside the corporate limits of the City of
Otsego.
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C. Abatement by the City. Whenever said owners fail to
abate such nuisances the City shall remove the said
personalty to a location of its selection. Abatement of
such nuisance by the City shall be in accordance with
Section 6-2-12 of this ordinance. Costs incurred by the
City during said abatement, including the .,cost of
storage, shall be recoverable from the said owners,
jointly and severally, in accordance with Section 6-2-13
of this ordinance or in a suit at law.
D. Disposal of Property After Abatement by the City. When
said personalty has been removed and placed in storage by
the City, as provided for herein, said personalty shall
be sold by the City after the lapse of such time as is
provided for by law. If the proceeds of such sales are
insufficient to pay the costs of abatement and storage
said owners shall be liable to the City for the balance
of the costs. If the proceeds are in excess of the
costs, including storage, the balance shall be paid to
said owners or deposited in the City Treasury for their
use.
6-2-6: Adoption by Reference. The "Hazardous Building Law,"
Minnesota Statutes 463.15 through 463.261, is adopted by reference.
Any hazardous building or dangerous excavation may be abated in
accordance with the provisions of that -law.
6-2-7: Pubic Nuisance Noise Prohibited.
A. It shall be unlawful for any person to willfully make or
continue, or cause to be made or continued, any loud,
unnecessary, or unusual noise which unreasonably annoys,
disturbs, injures, or endangers the comfort, repose,
health, peace, safety, or welfare of others, or precludes
the quiet enjoyment of their property or affects their
properties value, or affects the peace and quiet of any
neighborhood, or which causes discomfort or annoyance to
any reasonable person of normal -sensitivity residing in
the area. This general prohibition is not limited by the
specific restrictions of Section 6-2-7.
B. Standards to be considered in dete7rmining a violation of
this Section include, but are not limited to, the
following:
(1) the volume of the noise;
(2) the intensity of the noise;
(3) whether the nature of the noise is usual or unusual;
.(4) the volume and intensity of the background noise, if
any;
(5) the proximity of the noise to residential sleeping
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areas;
(6) the nature and zoning of the area within which the
noise emanates;
(7) the density of the inhabitation of the area within
which the noise emanates;
(8) the time of day or night the noise occurs;
9) the duration of the noise;
(10) whether the noise is recurrent, intermittent or
constant;
(11) whether the noise is produced by a commercial or
non-commercial activity.
6-2-8: Specific Noises Prohibited.
A. Prohibition. The following acts listed in Subdivisions
B through Q are declared to be nuisance noises in
violation of this chapter, but this listing shall not be
deemed to be exclusive.
B. Horns, Signaling Devices, Etc.
(1) The sounding of any horn or signaling device on any
automobile, motorcycle, or other vehicle on any
street, public place, or private property within
the City except as a present danger warning;
(2) The creation by means of any such horn or signaling
device of any unreasonably loud or harsh sound;
(3) The sounding of any such device for any unnecessary
and unreasonable period of time;
(4) The use of any signaling device except one operated
by hand or electricity; ,
(5) The use of any horn, whistle, or other device
operated by engine exhaust;
(6) The use of any such signaling device when traffic
is held up for any reason.
C. Radios, Television Sets. Amplifiers and Similar Devices
Using, operating, or permitting to be played any radio,
musical instrument, phonograph, juke box, amplifier, or
other machine or device for the producing, reproducing,
or amplifying of sound in such a manner as to disturb the
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peace, quiet, or comfort of persons residing, working, or
peaceably gathered in its vicinity. The operation of
said machine or device between the hours of ten o'clock
p.m. and seven o'clock a.m. shall be prima facia evidence
of violation of this section if done in such manner as to
be plainly audible:. 1.
(1) within any other building or structure used for
residential purposes; or.
(2) at the distance of fifty (5o) feet from the
building, structure, or vehicle in which it is
located.
D. Loud Speakers, Amplifiers for Advertising Using,
operating, or permitting to be used or operated, any
radio receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device
for the producing or reproducing of sound which is cast
upon the public streets for the purpose of commercial
advertising or attracting the attention of the public to
any' building or structure by persons other than personnel
of law enforcement or other governmental agencies;.
E. Yelling, Shouting Etc Yelling, shouting, hooting,
whistling, or singing at any time or place so as to annoy
or disturb the quiet, comfort, or repose of persons in
any office, or in any dwelling, hotel, motel, or other
place of residence, or of any persons in the vicinity.
F. Animals, Birds, Etc The keeping of any animal or bird
which, by causing frequent or long -continued noise, shall
disturb the comfort or repose of any persons in the
vicinity.
G. Whistles or Sirens. The blowing of a locomotive whistle
or steam whistle attached to any stationary boiler or any
siren whatsoever except to give notice of the time to
begin or stop work, as a warning of fire or danger, or by
public emergency.vehicles. t
H. Exhausts. The discharge into the open air of the exhaust
of any stationary internal combustion engine, motor boat,
motor vehicle, motorcycle or snow mobile except through
a. muffler or other device which effectively prevents loud
or explosive noises therefrom and which complies with all
applicable State laws and regulations.
I. Defect in Vehicle or Load. The use of any automobile,
motorcycle, or other motor vehicle so out of repair, so
loaded, or operated in such manner as to create loud and
unnecessary grating, rattling, or other noise which shall
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disturb the comfort or repose of any persons in the
vicinity.
J. Sound Trucks for Advertising Purposes. The use of sound
trucks or any other vehicle equipped with sound -
amplifying devices for the purposes of advertising any
program, project, or meeting of any public agency,
private business, religious organization, civic group,
political party, or charitable.organization.
K. Loading, Unloading, Opening Boxes. The creation of a
loud and excessive noise in connection with loading or
unloading any vehicle or the opening and destruction of
bales, boxes, crates, and containers.
L. Construction or Repairinct of Building. The erection
(including excavating), demolition, alteration, or repair
of any building between the hours of ten o'clock p.m. and
seven o'clock a.m. on any day except where single
individuals or families work on a single family residence
owned by the individual or family for their own
occupancy, provided that the building inspector may, in
cases of emergency, grant permission to repair at any
time when he finds that such repair work will not affect
the health and safety of the persons in the vicinity:
M. Schools, Courts, Churches, Hospitals. The creation of
any excessive noise on any street or private property
adjacent to any school, institution of learning, church,
court, or hospital while the same are in use which
unreasonably interferes with the use thereof, provided
conspicuous signs are displayed on such indicating that
the same is a school, hospital, or court street.
N. Hawkers, Peddlers. The shouting and crying of peddlers,
hawkers, and vendors which disturbs the peace and quiet
of the neighborhood.
O. Pile Drivers, Hammers, Etc. The operation between the
hours of ten o'clock p.m. and seven o'clock a.m. of any
pile driver, power shovel, pneumatic hammer, jack hammer,
derrick, power or electric hoist, or other appliance, the
use of which is attended by loud or unusual noise.
P. Blowers. The operation of any noise -creating blower or
power fan or any internal combustion engine, the
operation of which causes noise due to the explosion of
operation gases or fluids, unless the noise from such
blower or fan is muffled and such engine is equipped with
a muffler device sufficient to deaden such noise.
Q. Internal Combustion Engines. No person shall create any
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excessive noise by permitting diesel engines to idle, or
by building, repairing or testing motor vehicles or other
internal combustion engines, which causes a disturbance
beyond the property line of the property on which the
activity takes place.
R. Noise in Residential'Areas. No person shall, between the
hours of ten o'clock p.m. and seven o'clock a.m.
congregate because of, or participate in, any party or
gathering of people from which noise emanates of a
sufficient volume so as to disturb the peace, quiet or
repose of persons residing in any residential area.
Noise between the hours of ten o'clock p.m. and seven
o'clock a.m. of such volume as to be'plainly audible at
a distance of fifty (5o) feet from the residential
dwelling unit wherein such party or gathering is located
shall be prima facie evidence of a violation of this
section. No persons shall visit or remain within any
residential dwelling unit wherein such party or gathering
is taking place except the owner, persons residing in
that unit, or persons who have gone there for the sole
purpose of abating the disturbance.
S. Prima Facie Evidence of Loud Noise. Incorporation by
reference: standards established in Minnesota Rule
7010.0010 to .1600, Noise Pollution Control, are hereby
adopted by reference and exceeding these standards is
considered prima facie evidence of noise constituting a
nuisance.
6-2-9: Responsibility. The owner and tenant of any premises on
which a violation of Sections 6-2-6 and 6-2-7 of this ordinance
occurs shall make every reasonable effort to see that the violation
ceases. Violation of Sections 6-2-6 and 6-2-7 shall be deemed the
act of both the person committing the act and the person in
possession, control, custody, or having charge of the premises who
allows or permits the violation to take place. Violation of
Section 6-2-6 and 6-2-7 shall also be deemed the act of a non-
resident landlord, provided he has received written notice from the
City of the violation and has failed to make every reasonable
effort to see that the violation ceases.
6-2-10: Public Drinking.
A. Consumption. No person shall consume intoxicating liquor
or non -intoxicating malt liquor on any public sidewalk or
street, or in a vehicle upon a public street. No person
shall, consume intoxicating liquor or non -intoxicating
malt liquor in any public parking lot or in any park
without City authorization.;
B. Possession. No person
M11
shall have in possession
intoxicating liquor or non -intoxicating malt liquor in an
open container on any public sidewalk or street or in a
vehicle upon a public street.
6-2-11: Enforcement.
A. Officers. The City Council shall have the duty of
enforcing the provisions of this Ordinance, and the City
Council may, by resolution, delegate to other officers or
agencies power to enforce particular provisions of this
Ordinance, including the power to inspect private
premises, and the officers charged with enforcement of
this Ordinance shall take all reasonable precautions to
prevent the commission and maintenance of public
nuisances.
6-2-12: Abatement.
A. General. Whenever the officer charged with enforcement
determines that a public nuisance is being maintained or
exists on premises in the City, the officer shall notify
in writing the owner or occupant of the premises of such
fact and order that such nuisance be terminated or
abated. The notice shall be served in person or by
certified or registered mail. If the premises are not
occupied and the owner is unknown, the notice may be
served by posting it on a premises. The notice shall
specify the steps to be taken to abate the nuisance and
the time, not exceeding thirty (30) days, within which
the nuisance is to be abated. If the notice is not
complied with within the time specified, the enforcing
officer shall report that fact forthwith to the Council.
Thereafter, the Council may, after notice to the owner or
occupant and an opportunity to be heard, provide for
abating the nuisance by the City. The notice shall be
served in the same manner as notice by the enforcing
officer is served and shall be given at least ten (10)
days before the date stated in the notice when the
Council will consider the matter. If notice is given by
posting, at least thirty (30) days shall elapse between
the day of posting and the hearing.
B. Emergency Abatement. When the officer charged with
enforcement determines that a nuisance constitutes a
serious and eminent danger to the public safety or
health, the officer may summarily abate the nuisance
after a reasonable attempt to notify the owner or
occupant of the property. The officer shall immediately
thereafter notify in writing the owner or occupant of the
premises of the action taken. The notice shall be served
in person or by registered or certified mail.
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6-2-13: Recovery of Cost.
A. Personal Liability. The owner of the premises on which
a nuisance has been abated by the City shall be
personally liable for the cost to the City of the
abatement, including administrative costs. As.soon as
the work has been completed and the cost determined, the
clerk or other official designated by the Council shall
prepare a bill for the cost and mail it to the owner.
Thereupon, the amount shall be immediately due and
payable at the Office of the Clerk.
B. Assessment. If the nuisance is a public health or safety
hazard on private property or the accumulation of snow
and ice on public sidewalks, the Clerk shall, on or
before September 1, next following abatement of the
nuisance, list the total unpaid charges along with all
other such charges as well as other charges for current
services to be assessed under Minnesota Statutes, Section
429.101, against each separate lot or parcel to which the
charges are attributable. The Council may then spread
the charges against such property under that statute and
other pertinent statutes for certification to the County
Auditor and collection along with current and following
year taxes, or in annual installments, not exceeding ten,
as the Council may determine in each case.
6-2-14: Penalty. Any person violating any provision of this order
shall, upon conviction, be guilty of a misdemeanor and shall be
punished pursuant to applicable State Statute regarding misdemeanor
penalties, as amended, plus the costs of prosecution.
6-2-15: Separability. Every section, provision, or part of this
Ordinance is declared separable from every other section, provision
or part; and if any section,, provision or part thereof shall be
held invalid by a court of competent jurisdiction, it shall not
affect any other section, provision, or part.
6-2-16: Effective Date. This Ordinance is effective upon its
passage and publication according to law. ,
Passed this day of , 1991.
91 '+
May , City of Otsego
!ATT ST: <
0 ego 'Cit Clerk
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