§ 16-8. Notice required prior to prosecuting for creating, maintaining nuisance; method of service.

(a)

Written notice to abate. Before any person is prosecuted for creating, harboring or maintaining a nuisance in the city, the authorized officer shall give such person a ten (10) days' written notice ordering such person to abate such nuisance and to comply with applicable city regulations.

(b)

Serving notice. Such notice described in subsection (a) of this section shall be served in the same manner as a summons in a civil action, and the original of such notice and the affidavit or certificate of service thereof shall be filed with the city administrator within eight (8) days after service of such notice has been made.

(c)

Description of property. Such notice shall describe the property involved sufficiently to identify it, shall describe the violation which exists and the remedial actions required.

(d)

Compliance. If, upon receiving such notice, an individual is unable to abate a nuisance within the allotted ten-day period, he or she may establish the fact to the satisfaction of the city administrator or his designate. The individual may receive a reasonable extension to accomplish compliance by abating the nuisance.

(e)

Reoccurrence of nuisance; notice to abate. Where a nuisance has occurred and has either been abated by the violator or by the city, and where such nuisance reoccurs at any time within three (3) years of the last violation, a notice to abate shall provide no period of compliance and require immediate abatement. Otherwise, the responsible party is in violation of this chapter and subject to all penalties thereunder and abatement of the nuisance by the city.

(Ord. No. 87-02, § 2, 4-28-87)

State law reference

Permitting public nuisance or real property, M.S. § 609.745.