11.2 SR 02-06-2023 - Laserfiche WebLink

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reasonable value, in excess of city costs to store and dispose of the property. If, after inventory, the city administrator or their designee makes a determination that no reasonable value of the property exists or that destruction of the property is necessary to abate the nuisance, the property shall be destroyed. If the city administrator or their designee, however, determines such destruction is not necessary and there is reasonable value remaining in the property, the property shall be sold. The amount of money received as a result of any sale, if any, shall be applied against the cost of abatement, including all costs incurred by the city in the abatement, including without limitation the cost of the removal, storage, handling, destruction, and disposal thereof, all staff time, legal and other consulting fees. Any balance remaining after such reimbursement to the city, if any, shall be remitted to the property owner. This provision may be utilized in conjunction with a court order for injunctive relief. (c) 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 is an immediate and direct threat to the public health or safety. The expense of such an emergency abatement shall be collected as a special assessment against the property upon which the nuisance was located. Secs. 46-41-46-79. Reserved. SECTION 2. REPEAL AND REPLACE. The City Code of Elk River, Minnesota, Chapter 58, Section 58-37(d) is hereby repealed in its entirety and replaced as follows: (d) Placement for collection. Where an alley open to traffic is available, each container for premises abutting the alley shall be placed at the rear of the property next to the alley. Where no alley exists, the container shall be placed on the driveway one foot behind the curb/street edge with a minimum of three feet between containers. Containers shall be kept away from walls, fences, vehicles, and low-hanging tree limbs. Containers shall not be so placed before 7:00 p.m. the night before collection and shall be removed by 7:00 p.m. the day of collection. When not placed for collection, containers shall be stored in an appropriate place, in compliance with § 46-33(a)(12). SECTION 3. EFFECTIVE DATE. This ordinance shall take effect upon adoption and publication as provided by law. Passed and adopted by the City Council of the City of Elk River this _ day of , (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 12 of 13 224530v2