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<br />July 31, 2008 <br />Page 3 <br /> <br />criminal citation results in the imposition of penalties and does not necessarily <br />resolve the underlying property maintenance issue. A person may choose to pay a <br />fine and/or serve some time in jaB rather than clean up the property. <br /> <br />Code Enforcement bv Notice and Civil Action <br /> <br />This Code enforcement method starts in the same way as the notice and criminal citation <br />process. However, during the initial notice phase, it may become crear that the violations are <br />of more serious nature and are ongoing. Therefore the City would not only want the probfem <br />corrected, but it would like a court order to ensure that the problem doesnJt reoccur. In regard <br />to civil enforcement process: <br /> <br />1. The City serves and fifes a Summons and Compfaintr <br /> <br />2 - The offending property owner is required to fife an answer. <br /> <br />30 There (s ample opportunity for discovery under the Rules of Civil Procedure (i.e. <br />interrogatories, depositions, request for admissions, court ordered inspection of <br />the property). <br /> <br />4. In a civil case, it is usual for the court to require that the parties attempt to <br />mediate the issues before the case proceeds to trial. <br /> <br />5. The trial is usually to the court. <br /> <br />6. From start to finish, a civiJ case in the Ramsey County District Court can take six <br />(6) to twelve (12) months. <br /> <br />7. If the court finds in favor of the City, it could award the City its costs. The court <br />order could restrict future conduct. If there is a future violation of the court <br />order, the City would simply petition the court to enforce its order. <br /> <br />Code Enforcement for Nuisance Abatements. <br /> <br />The City rs authorized to define nuisances, abate nuisances, and to specially assess the cost of <br />abatement against the property on which the nuisance was located (Minn. Stat. 412.221 r <br />subd. 2'3; 429~221 t subd. 8 and City Code Chapter 6). The process for abating a nuisance is <br />as follows: <br /> <br />1. The Building Official notifies the property owner that a nuisance exists, identifies <br />the steps that must be taken to abate the nuisance. and indicates the time for <br />bringing the property into compliance. <br />