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M <br />July 31, 2008 <br />Page 2 <br />0,04)-q <br />The Bu4di.Ag Qffic4al inspects the offending property. <br />2. Where appropriate, the atffW"--- I 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 also <br />contains a compliance date. <br />3. A second inspection 'occurs. If the property is in compliance, the City will <br />send a letter thanking the offending property owner for cooperating. <br />4. If the property owner is not in compliance within the required time, one or <br />two additional notices and inspections can occur. <br />5. 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 criminal <br />citation and files it and supporting documents with the clerk of the Ramsey <br />County District Court. A copy is sent to our office. We have instructed the <br />Clerk of Court to require court appearances in connection with this type of <br />violation. <br />6. 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 />guilty or not guilty. If a guilty plea is entered, the matter is 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 />7. 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 if convicted, the law allows the offending property owner to <br />have a jury trial. <br />S. From start to finish, the above process may take six (6) to nine (9) months <br />to complete, in the meantime, if the property continues to be in violation of <br />the City Code. <br />9. Criminal cases need to be proved beyond a reasonable doubt and, because <br />the defendant is the offending property owner and does not have to testify <br />against him/herse[f, , discovery options are very limited. The issuance of a <br />