Abatement procedure

A. Hearing Examiner. 1\. The position of Hearing Examiner is hereby created. The Hearing Examiner shall have the following duties: a. Hear all contested cases following appeals of orders of the enforcement officer b. Take testimony from all interested parties. C. Make a complete record of all proceedings. d. Affirm, repeal or modify the order of the enforcement officer, and prepare written findings of fact. 2\. The City Council shall contract with third parties for the furnishing of all services of Hearing Examiner as contained in this subsection. The selection of the third party used to provide Hearing Examiner services shall be in the complete discretion of the City Council. B. Order. Upon determining that a public nuisance exists on a property within the City, the enforcement officer shall serve a written order upon the owner and any responsible party known to the officer. The order may also be served upon any party known to have caused the nuisance. The order shall contain 1\. A description of the property sufficient for identification which shall include the legal description. 2\. The location of the nuisance. 3\. A description of the nuisance and the basis upon which it is declared to be a nuisance. 4\. The remedial action required to abate the nuisance. 5\. The abatement deadline, as determined by the enforcement officer allowing a reasonable time for the performance of any act required. 6\. A statement that the order may be appealed and a hearing before the City Council obtained by filing a written request with the City Clerk before the appeal deadline. 7\. A statement that unless the remedial action is taken before the abatement deadline or unless a request for a hearing is filed with the City Clerk within the time specified, the City may abate the nuisance and charge all costs incurred against the property as a special assessment to be collected in the same manner as taxes. C. Request for Hearing. Any owner or responsible party who feels aggrieved by an order of the enforcement officer may request a hearing in front of either the City Council or a Hearing Examiner. The request for hearing shall be in writing and shall identify with specificity the basis for the hearing, and whether the hearing should be in front of the City Council or a Hearing Examiner. The request for hearing shall be accompanied by a filing fee as established by Section 1-2-2 of the City Code. This request and the filing fee shall be filed with the City Clerk seven (7) calendar days after the date of the order of the enforcement officer, whichever comes first. 1\. Set Settlement Conference and Hearing Dates. In the event that a request for hearing is filed with the City Clerk, the City Clerk shall within three (3) weeks fix a date for both a settlement conference and a hearing. 2\. Notice. The City Clerk shall mail a notice of the date, time, place and subject of the settlement conference and the hearing to the owner and known responsible parties. 3\. Settlement Conference. The City and the owner/responsible party shall attend or be represented at a settlement conference. Parties or their representatives attending a settlement conference shall be prepared to participate in meaningful settlement discussions. Failure to attend the settlement conference shall constitute a waiver of right to a hearing under this section. At the settlement conference parties may by agreement confirm, modify, or repeal the order of the enforcement officer. Parties may also by agreement fix the time within which the nuisance must be corrected and provide that unless such corrective action is taken, the City may abate the nuisance. If such an agreement is reached, the City Council shall adopt a resolution confirming said agreement. The City Clerk shall mail a copy of the resolution to the owner and known responsible parties. 4\. Hearing. If a settlement cannot be reached at the settlement conference, the matter shall proceed to a hearing in front of the City Council or a Hearing Examiner. In that hearing the owner/responsible party and the City may appear with counsel and present such evidence as is determined by the City Council or Hearing Examiner to be relevant. The hearing shall be conducted according to Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as it may be amended from time to time. Within ten (10) days after such hearing, the City Council or Hearing Examiner shall issue an order affirming, repealing, or modifying the order of the enforcement officer. The City Council or Hearing Examiner's order shall be accompanied by written findings of fact. 5\. Appeal to City Council. When the hearing is conducted by a Hearing Examiner, any person aggrieved by the decision of that Hearing Examiner may appeal that decision to the City Council by filing a written request with the City Clerk within seven (7) calendar days after receipt of the Hearing Examiner's order. At its next available regular meeting following the filing of such a request, the City Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that decision. After the hearing, the City Council shall adopt a resolution confirming, repealing, or modifying the order of the enforcement officer. If the Council's resolution requires abatement, the Council shall fix a time within which the nuisance must be abated and provide that unless corrective action is taken, the City may abate the nuisance. The City Clerk shall mail a copy of the resolution to the owner and known responsible parties. 6\. City to Refund Filing Fee in Some Instances. If the City Council or a Hearing Examiner repeals the order of the enforcement officer, the City shall refund the filing fee to the owner or responsible party. 7\. Abatement. Unless the remedial action is taken or a hearing requested within the required time period, City may abate the nuisance. The City shall take no action to abate any nuisance or violation while the matter is still pending before the Hearing Examiner or the City Council. (Ordinance #6, adopted March 10, 2009)