4.0. SR 06-06-2005 - Laserfiche WebLink

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-~ 46-37 ELK RIVER CODE (8) Creation of noise near school, court, church or hospital. Any activity which generates sound occurring adjacent a school, court, church, or hospital while the premises are in use and which unreasonably interferes with the us~ thereof. (9) Loud parties. Sound emanating from any party or gathering between the hours of 11:00 p.m. and 7:00 a.m. of a sufficient volume so as to disturb the peace, quiet, or repose of other persons within the city. It shall be prima facie evidence of a viola- tion of this article if the sound of the party or gathering is audible to a human ear at a distance of 50 feet from the building or dwelling unit from which the sound ema- nates. Any person who participates in a party or gathering which generates nui- sance noise shall be guilty of maintaining a public nuisance. If any party or gather- ing is determined by a city official to generate nuisance noise, all persons ex- cept the owner or permanent occupant shall promptly leave the premises in an orderly manner. A violation ofthis subsec- tion shall be deemed to be the act of the owner of the residential dwelling unit wherein it occurs, as well as the persons on the premises who violate this subsec- tion, except that the owner of a dwelling unit occupied by others shall be liable only for those violations occurring after a written notice of a violation of this sub- section shall have been received. (Code 1982, SS 500.12, 500.14) Sec. 46-38. Abatement by city. (a) Upon discovering a public nuisance under the provisions of this article the city administra- tor or designee shall serve a notice upon the owner of the property upon which the nuisance exists. Such notice shall be given by certified mail at the last known address as shown on the prop- erty tax records of the county. Such notice shall advise that a nuisance exists and require the property owner to abate the nuisance within a reasonable time, as established by the city admin- istrator or designee and stated in the notice. Such time shall not be less than 14 days. Such notice shall ~so advise the property owner of the right to request a hearing before the city administrator or designee to contest the contents of the notice. (b) [frequested by the p~rson upon whom the notice :is served under subsection (a) of this sec- tion, 8f hearing before the city administrator or design~e shall be held at which the person may contest the contents ofthe notice. The request for such a hearing must be made within five days after receipt of the notice provided for in subsec- tion (a) of this section. After such hearing the city admintstrator or designee may affirm the notice, modifY the notice or quash the notice. (c) If the property owner does not abate the nuisance as required by the notice provided for in subsection (a) of this section and has not re- quested a hearing before the city administrator or designee under subsection (b) of this section, authorized agents of the city shall abate the nuisance. The cost of such abatement shall be collected as l,l special assessment against the property upon which the nuisance was located. (d) If the property owner requests a hearing before the city administrator or designee under subsection (b) of this section, no abatement ac- tions shall be taken until the hearing is held. If after the hearing the city administrator or desig- nee affirms or modifies the notice and the nui- sance i~ not abated as provided in the notice as aff1rm~d or modified, authorized agents ofthe city shall abate the nuisance. The cost of such abate- ment shall be collected as a special assessment against the property upon which the nuisance was located. (e) Nothing in this section prevents abatement by the city of a public nuisance without notice and hearing in the case of an emergency in which there i$ an immediate and direct threat to the public health or safety. The expense of such an emergency abatement shall be collected as a spe- cial ass~ssment against the property upon which the nuisance was located. I I CD46:6