1A, Community Enhancement Program

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July 31, 2008 Page 3 criminal citation results in the imposition of penalties and does not necessarily resolve the underlying property mainteparnce issue. A person may choose to pay a fine and/or serve some time in jail rather than clean up the property. Code Enforcement by Notice and Civil Action This Code enforcement method starts in the same way as the notice and criminal citation process. however, during the initial notice phase, it may become clear that the violations are of more serious nature and are ongoing. Therefore the City would not only want the problem corrected, but it would like a court order to ensure that the problem doesn't reoccur. In regard to civil enforcement process: t . The City serves and files a Summons and Complaint. 2 _ The offending property owner is required to file an answer. There is ample opportunity for discovery under the Rules of Civil Procedure (i.e. interrogatories, depositions, request for admissions, court ordered inspection of the property). 4. In a civil case, it is usual for the court to require that the parties attempt to mediate the "issues before the case proceeds to trial. 5. The trial is usually to the court. 6. From start to finish, a civil case in the Ramsey County District Court can take six (6) to twelve (12) months. 7. if the court finds in favor of the City, it could award the City its costs. The court order could restrict future conduct. If there is a future violation of the court order] the City would simply petition the court to enforce its order. Code Enforcement for Nuisance Abatements. The City is authorized to def i ne nuisances, abate nuisances, and to specially assess the cost of abatement against the property on which the nuisance was located ( Minn. Stat. 412.221, subd. 23; 429.221, subd. 8 and City Code Chapter 6). The process for abating a nuisance is as follows: The Building Official notifies the property owner that a nuisance exists, identifies the steps that must be taken to abate the nuisance, and indicates the time for bringing the property into compliance.