CITY OF COON RAPIDS, MINNESOTA
CHAPTER 8-1100
ABATEMENT OF PUBLIC NUISANCES

8-1101 Declaration of Policy. The City Council of the City of Coon Rapids has determined that the health, safety, good order, general welfare, and convenience of the public is threatened by certain public nuisances on property within the City limits. It is declared to be the intention of the Council to abate these nuisances, and this Chapter is enacted for that purpose.

8-1102 Application. This Chapter shall apply to the abatement of all public nuisances as defined anywhere within this Code unless another procedure is specifically provided.

8-1103 Hearing Examiner.

(1) Position Created. The position of Hearing Examiner is hereby created. The City Manager may, at his discretion and with approval of the Council, contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this Chapter and set the rate of compensation therefor.
(2) Duties of Hearing Examiner. The Hearing Examiner shall have the following duties:

(a) Set dates and hear all contested cases following appeals of orders of the Zoning Administrator or Chief Building Official.
(b) Take testimony from all interested parties.
(c) Make a complete record of all proceedings.
(d) Affirm, repeal or modify the order of the Zoning Administrator or Chief Building Official and prepare written findings of fact.

8-1104 Inspection and Investigation.

(1) Periodic Inspection. The Zoning Administrator or Chief Building Official shall cause to be inspected all public and private places within the City which might contain a public nuisance as defined in this Code as often as practicable to determine whether any such conditions exist. The Zoning Administrator or Chief Building Official shall also investigate all reports of public nuisances located within the City.
(2) Entry on Public and Private Places. The Zoning Administrator, Chief Building Official or their duly authorized agents may enter upon all public and private places at any reasonable time for the purposes of inspecting those places for public nuisances.

8-1105 Abatement of Nuisances. Upon a determination by the Zoning Administrator or Chief Building Official that a public nuisance exists on any public or private property within the City, the Zoning Administrator or Chief Building Official shall order the public nuisance to be abated in a manner consistent with the City Code.

8-1106 Procedure for Removal of Public Nuisances.

(1) Whenever the Zoning Administrator or Chief Building Official finds with reasonable certainty that a public nuisance exists on any public or private property in the City of Coon Rapids, he shall notify the affected property owner by personal service or by certified mail that the nuisance must be abated within a reasonable time, not less than twenty (20) days from the date of service of the notice. Service by certified mail shall be deemed complete upon mailing. The order shall state with specificity the nature of the violations and the requirements for compliance. The order shall also state that the property owner may, within twenty (20) days of the date of the order, request a hearing before the Hearing Examiner and shall set out the procedure by which that hearing may be requested. The order shall also state that failure to abate the nuisance or request a hearing within the applicable time periods will result in summary abatement procedures, and that the cost of abatement will be assessed against the subject property. Upon expiration of the time required by the notice, the Zoning Administrator or Chief Building Official may abate the nuisance unless a request for a hearing has been timely filed.
(2) Any property owner who feels aggrieved by an order of the Zoning Administrator or Chief Building Official issued pursuant to this chapter may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the Director of Planning within twenty (20) days after the date of the service of the notice by the Zoning Administrator or Chief Building Official. The Director of Planning shall notify the Hearing Examiner who shall notify the property owner of the date, time and place of the hearing. The hearing shall be conducted no more than ten (10) days after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the property owner and the City. Both the property owner and the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. Within ten (10) days after such hearing, the Hearing Examiner shall affirm, repeal or modify the order of the Zoning Administrator or Chief Building Official. The Hearing Examiner's order shall be accompanied by written findings of fact. Any person aggrieved by the decision of the Hearing Examiner may appeal that decision to the City Council by filing notice of such appeal with the office of the Director of Planning. At its next available regular meeting, following the filing of a notice of appeal, the Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that decision. The City shall take no action to abate any nuisance while the matter is still pending before the Hearing Examiner or the City Council.

(3) The Zoning Administrator or Chief Building Official shall keep a record of the costs of abatements done under this Chapter and shall report monthly to the City Clerk or other appropriate officer all work done for which assessments are to be made, stating and certifying the description of the land, lots or parcels involved and the amount assessable to each.
(4) On or before September 1 of each year, the City Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this Chapter. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes, for certification to the County Auditor and collection the following year along with current taxes. Such assessment shall be payable in no more than ten (10) equal annual installments, pursuant to Minnesota Statutes, Section 429.01, Subdivision 2.

8-1107 Interference Prohibited. It is a misdemeanor for any person to prevent, delay or interfere with the Zoning Administrator, Chief Building Official or their agents while they are engaged in the performance of duties set forth in this Chapter.