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physical damage, unsanitary condition, or abandonment, constitutes a <br />fire hazard or a hazard to public safety or health. <br />WHEREAS, Minnesota Statute 463.16 grants the governing body of any municipality the <br />authority to order the owner of a hazardous property to correct or remove the hazardous <br />condition of the property, which reads as follows: <br />M. S. 463.16 REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION. <br />The governing body of any municipality may order the owner of any <br />hazardous building or property within the municipality to correct or remove <br />the hazardous condition of the building or property or to raze or remove the <br />building. <br />WHEREAS, Minnesota Statute 463.161 grants the governing body of any municipality the <br />authority to abate any hazardous condition of any hazardous property, which reads as <br />follows: <br />M. S. 463.161 ABATEMENT. <br />In the manner prescribed in section 463.21 the governing body of any <br />municipality may correct or remove the hazardous condition of any <br />hazardous building or property; the cost of which shall be charged against <br />the real estate as provided in section 463.21 except the governing body may <br />provide that the cost so assessed may be paid in not to exceed five equal <br />annual installments with interest therein, at eight percent per annum. <br />NOW, THEREFORE, BE IT RESOLVED that based on the findings above, the Elk <br />River City Council hereby declares the Subject Property located at 1772 Tipton Circle NW, <br />Elk River, Minnesota 55330, with Property ID number 75-535-0115, and as legally described <br />above, a hazardous property and a public nuisance. <br />BE IT FURTHER RESOLVED the Elk River City Council hereby orders the abatement <br />of the hazardous conditions in violation of City Code in a reasonable amount of time, not to <br />exceed 20 days from the date of service of this order of abatement to the registered property <br />owner. <br />BE IT FURTHER RESOLVED by the Elk River City Council that regardless of the time <br />frames for compliance, the registered property owner has twenty (20) days from the date of <br />service of the order of abatement to contest the order of abatement in accordance with <br />Minnesota Statute 463.18, as follows: <br />M. S. 463.18 ANSWER <br />Within 20 days from the date of service, any person upon whom the order is <br />served may serve an answer in the manner provided for the service of an <br />answer in a civil action, specifically denying such facts in the order as are in <br />dispute. <br />P0itEAi0 0V <br />NATUR <br />