04-23 Bill No. 2024-051
BILL NO. 2024-05
AN ORDINANCE AMENDING SECTION 925 OF THE RICHFIELD CODE OF
ORDINANCES RELATING TO THE ABATEMENT OF NUISANCES AND
ASSESSMENT OF ABATEMENT COSTS TO PROPERTY
THE CITY OF RICHFIELD DOES ORDAIN:
Section. 1. Subsections 925.07 through 925.09 of the Richfield City Code are amended as
follows:
925.07. Abatement and control of nuisances.
Subdivision 1. Procedures. The conditions declared in this section or any other
provision of this code to be nuisances and therefore subject to abatement and control,
unless otherwise provided in this chapter, shall be subject to regulation enforced and
applied in accordance with the procedures of this subsection.
Subd. 2. Order Notice. When the existence of any condition relating to this part a
nuisance as defined in this section is found on any property, the Ddirector of public
safety, the building official, Fire Marshal or any police officer of the City, acting in
concert with one of the enforcing officers enumerated in this section their designees,
shall issue a written order notice to any inner the owner, and if different, the occupant,
of the property to remove or abate the nuisance within a time specified in the notice, but
not longer than or other person responsible to remove the same, at his expense, within
a specified time not to exceed ten (10) days. The notice shall include:
(a) a description of the nuisance to be abated and the steps to be taken to abate
the nuisance;
(b)notification that unless the nuisance is abated or removed by the deadline listed
in the notice, the city may enter onto the property and abate or remove the nuisance at
the expense of the owner under the city code and Minnesota Statutes,
section 145A.08, 429.101, or other applicable state or local law; and
(c)notification that the owner and/or occupant of the property may appeal the
notice to the city manager or their designee. Any appeal must be requested in writing
before the deadline stated in the notice.
Subd. 3. Service. The written notices shall be served upon the owner, and if
different, the occupant, or of the property in one of the following ways:
(a)other persons responsible by the sheriff, marshal or other peace officers. If
service cannot be made after diligent search, the officer attempting to make
such service shall, in lieu thereof, post a written printed notice upon the property
or premises as provided in subdivision 4.
Subd. 4. Contents. The notice shall state unless the nuisance is abated or removed
within ten (10) days, the sheriff, marshal or other peace officer will abate or remove the
nuisance complained of and found to exist, at the expense of the owner.
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(a) by registered or certified mail;
(b) by an officer authorized to serve a warrant; or
(c) by a person aged 18 years or older who is not reasonably believed to be a party
to any action arising from the notice.
Subd. 4. Posting Notice. If either the owner or the occupant of the property is
unknown or absent and has no known representative upon whom notice can be served,
the city or its agent, shall post the notice on the property.
Subd. 5. Appeal. The city manager or their designee shall meet with the owner
and/or occupant and the director of public safety, the building official or their designee
within a reasonable time after receiving notice of an appeal. The city manager or their
designee shall consider the appeal and make a final decision within 48 hours following
the meeting. The city manager’s decision shall be served on the owner and/or occupant
by mail, email, or other means, and if the appeal is not granted, then the decision shall
include a new date by which the owner and/or occupant must remove or abate the
nuisance. An owner or occupant may appeal from the city manager’s decision pursuant
to available remedies under state law.
Subd. 6. Abatement. If the owner or occupant fails or neglects to remove or abate
the nuisance described in the notice provided under subdivision 2 within the period of
time specified in the notice and does not request an appeal , then the city, or a
designated agent of the city, shall remove or abate the nuisance described in the notice
and assess the cost to the owner pursuant to subsection 925.09.
Subd. 7. Interference with Access and Abatement Prohibited. Pursuant to
Minnesota Statutes, Section 145A.04, subd. 10, it is a misdemeanor to deliberately
hinder a city staff member or their agent from entering a property where contagion,
infection, filth, or other source or cause of preventable disease exists or is
reasonably suspected to exist, or otherwise to interfere with the performance of the
duties of the city related to the inspection and abatement of a nuisance.
925.08. Emergency abatement.
If the director of public safety, the building official or their designee determines that a
public nuisance exists and that the public health, safety, or welfare may be in immediate
danger, the city may implement emergency abatement procedures to remove or abate
the nuisance. When emergency abatement is authorized, the c ity will post a notice at the
property and attempt to notify the owner and any occupants of the property. Following
emergency abatement, the City will mail notice of the action taken to the property owner
and assess costs pursuant to subsection 925.09.
925.09. Assessment of cost.
The cost of abatement or removal of a public nuisance shall be assessed against
the property as provided in Minnesota Statutes, Chapters 429 and 463, and Section
145A.08, as applicable, or other applicable state or local laws.as other law.
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Sec. 2. This Ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
Adopted by the City Council of the City of Richfield on this 23rd day of April, 2024.
Mary B. Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk