§ 20-62. Enforcement procedures.

(a)

The offending party will be given a citation for the unsatisfactory condition. The offending party shall clean the debris or hazard immediately or within the time limits as dictated by the city. The offending party will also sweep all residual material from the streets to prevent discharge of materials to the storm sewer system. The "offending party" will be the person, firm or corporation on site with the materials or the owner or occupant of the property responsible for the debris or hazard.

(b)

If the unsatisfactory condition is not corrected within the specified period of time, the city shall remove such debris or hazard from the public street as soon as possible after such notice has been given or such material has been deposited on the public street. The materials will be moved to city owned property and held for a period of 72 hours. The offending party can retrieve the materials during that period and must coordinate the retrieval schedule with the city. If materials are not claimed within 72 hours, the City of Woodbury will dispose of the materials. The city shall keep a record showing the cost of such removal and disposal adjacent to each separate lot and parcel and shall be kept on record with the city clerk.

(c)

The owner or occupant of the property on which or adjacent to which said clean-up service has been performed, or the company performing the work that resulted in the debris being deposited shall be liable for the cost of said service. As soon as a service has been completed and the cost determined, the city shall prepare a bill and mail it to the owner or occupant of said property, and thereupon, the amount shall be immediately due and payable at the office of the city clerk. Such bill shall include all costs of the clean-up, including related traffic warning signage, the cost of disposal if necessary and the administrative costs of the city.

(d)

The city may also enforce Minn. Stats. § 169.42 with the maximum penalty for a misdemeanor as prescribed by state law.

(e)

If the bill is not paid within 30 days, the city may draw the amount of the bill from any financial guarantees the city may hold or may assess the property from which the offense originated.

(f)

On or before September 1 of each year, the city clerk shall list the total unpaid charges for such clean-ups against each separate lot or parcel to which they are attributable to under this article. After notice and hearing as provided pursuant to Minn. Stats. § 429.061, the city council may then spread the charges against the property benefited as a special assessment under Minn. Stats. § 429.101 for certification to the county auditor and collection along with the current taxes the following year or in annual installations not exceeding ten as the council may determine in each case.

(Ord. No. 1750, § 1750.01, 7-14-2004)