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Ordinance No. 0714 09-08-19802y�e ORDINANCE N0. 714 AN ORDINANCE ESTABLISFIING A NEW CHAPTER 110 OF THE FRI�LEY CITY CODE ENTITLED PUBLIC NUISANCE AND REPEALING PRIOR CHAPTER 110 110.01. MINNESOTA STATUTES BY REFERENCE. Minnesota Statutes Sections 609 J4 and 609.745 are hereby adopted by r•eference and shall be in full force and effect in the City of Fr�dley as if set out here in full. 110.02. PUBLIC NUISANCE DEFINED 6Jhoever by his act or failure to perform a legal duty intentionally does any of the following ts guilty of maintaintng a publtc nuisance, whtch is a rnisdeanor: 1. Maintains or permits a condition which unreasonably annoys, in�ures or endangers the safety, health, morals, comfort, or repose of any considerable number of inembers of the publ7c. ?. Interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public. 3. 06structions and excavat�ons affecttng the ordinary use by the pu6lic, of streets, alleys, stdewalks, or public grounds, except under such conditions as are perm�tted by this Code or other appltcable law, 4. Any well, hole or similar excavation which is left uncovered or in such other conditton as to constitute a hazard to any chtld or other person coming on the prem�ses where it ts located, 5. Accumulat�ons in the open of discarded or dtsused machinery, household appliances and furnish�ngs, or other matertals; or storage in the open of machinery, equipment, cars, or materials not in norma7 use on the premises where stored, in a manner conducive to the har6or�ng of rats, mice, snakes, or verm�n; or to fire, health or safety hazards from such accumulations; or from the rank growth of vegetation amonq the items so accumulated, 6. Is guilty of any ather act or omission declared by law to be a pu6lic nuisance and for which no sentence ts specifically provided, 770.03. POWER OF OFFICERS Whenever in the ,7udgement of a C�ty official, designated by the City manager, it �s found by investigat�on that a public nuisance �s being maintained or exists on property w�th�n the City. The following procedures shall be followed to abate the nuisance. Written notice shall be issued to the owner or occupant requir�ng the terminatton or a6atement of said nu�sance or to remove such conditions or remedy such defects. Service of said notice shall be tn person or by mail. If the premises are not occup�ed and the address of the owner is unknown, serv�ce on the owner may be made by posting a copy of the notice on said premises. If the nuisance ts not abated within 10 days of the date of said notice, the City official shall issue an ordtnance violat�on citation to the not�fied owner or occupant. 110.04. ABATEMENT OF NUISANCE If after such service of notice, the party or parties fail to abate the nu�sance or make the necessary repairs, alterations, or changes as directed hy the Ctty official, said official may 6ring the matter to the City Council which may d�rect the C7ty staff to a6ate the nuisance and recover such expenditure plus an additional twenty-five percent (25%) thereof to cover admim strative costs. That may be accomplished by c�vil act�on against the person or persons served; or if such service has been had upon the owner or occupant, by ordering the city clerk to extend such sum, plus twenty-five percent (25%) thereof as a spec�al tax against the county auditor for collection �n the manner as taxes and special assessments are certified and collected. � � � � i I � . � 1 Page 2-- ORDINANCE N0. 714 110.D5. PERMITTING PUBLIC NUISANCE Whoever permits real property under his control to be used to maintain a public nu�sance or lets the same knowing it w�ll be so used is guilty of a misdemeanor. 110.06. SEPARABILITY Every sectton of this ordinance or provision thereof is declared separable from every other section, prov�sion, or portion thereof that shall be declared tnvalid. 110.07. PENALTIES Any violation of this chapter �s a misdemeanor and is sub,7ect to all penalt�es provided for such vtolations under the prov�s�ons of Chapter 9Q1 of this Code. PASSE� AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF SEPTEMBER, 1980. ATTEST 1 ��' � � ' � ��=«��� � 1 r ��i���,� � � ACTI G CITY CLERK - NASIM QURESHI First Reading: August 18, 1980 Second Reading: September 8, 1980 Publish Septem6er 17, 1980 0014A/0688A ��I�7 � %�, �1�..� _ IdTI I TAM .1 n� �� � ^ � / �! � G c.^ , e