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<br />f' <br /> <br />July 31, 2008 <br />Page 2 <br /> <br />. 1. <br /> <br />( 'i () <br />~-D}~ -ei-l ~f('<i?i:l t.;/ v --\)-\1 ~ .e /" <br /> <br />(~ (i() ') <br /> <br />2. <br /> <br />The Building Official inspects the offending property. <br /> <br />Where appropriate, the Btttld~ql sends the offending property owner <br />a written notice which identifies the facts which support the complaint and <br />the sections of the City Code which are being violated. The Notice arso <br />contains a compliance date. <br /> <br />3. <br /> <br />A second inspection occurs.. If the property is in compliance, the City wHI <br />send a fetter thanking the offending property owner for cooperating_ <br /> <br />4. <br /> <br />If the property owner is not in compliance within the required timet one or <br />two additional notices and rnspections can occur. <br /> <br />5. <br /> <br />When it becomes clear that the offending property owner cannot or will not <br />comply with the City~s regulations, the Building Official prepares a criminaf <br />citation and files it and supporting documents with the clerk of the Ramsey <br />County District Court. A copy is sent to our officea We have instructed the <br />Clerk of Court to require court appearances in connection with this type of <br />violation. <br /> <br />6a <br /> <br />The Clerk of Court notifies the offending property owner to appear on a date <br />certain. The Building Official to inspect the property before the date of the <br />court appearance. At the first appearance~ the offending party can plead <br />guBty or not guHtYa If a guilty plea is entered~ the matter ;s resolved at that <br />time~ If a not guilty plea is entered. the matter is scheduled for a pretrial at <br />a later date. <br /> <br />7. <br /> <br />At the pretrial, the offending property owner has the same choices as he/she <br />did at the first court appearance. If the offending property owner continues <br />to plead not guilty, the matter is scheduled for a jury trial. All City Code <br />violations are misdemeanors unless specifically indicated otherwise in the <br />City Code~ The maximum penalty for a misdemeanor is a fine of $1,000 or <br />a jail sentence of 90 days or both. Since the offending property owner may <br />serve time in jail jf convicted, the law allows the offending property owner to <br />have a jury trial. <br /> <br />8. <br /> <br />From start to finish} the above process may take six (6) to nine (9) months <br />to complete, in the meantime7 if the property continues to be in violation of <br />the City Code. <br /> <br />9.. <br /> <br />Criminal cases need to be proved beyond a reasonable doubt andr because <br />the defendant is the offending property owner and does not have to testify <br />against him/herself. discovery options are very limited. The issuance of a <br />