2021-08-10 P & Z Packet - Laserfiche WebLink

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RELEVANT LINKS: VII. Remedies Lorshbough v. Township of Cities have choices in how they will remedy nuisance conditions and Buzzle, 258 N.W.2d 96 enforce their nuisance ordinances. Adopting an ordinance may create a (Minn. 1977). Pelican Lake Property Owners Ass’n v. duty to take some reasonable steps to enforce it on behalf of the general County of Crow Wing, Nos. public. Most cities will use a combination ofmethods, depending upon C5-98-1549, C3-98-1940 (Minn. Ct. App. Aug. 17, their resources and the seriousness of the offense. Whatever methods are 1999) (unpublished used, it is a good practice to have a policy guiding when a particular decision). Schultz v. Frank, No. C1-00-285 (Minn. Ct. method will be used. This will ensure that similar violations are treated App. Aug 1, 2000) equally. (unpublished decision). A.Self-remedy The most cost-effective way to remedy nuisance conditions is for the individual to correct the situation him- or herself with minimal city involvement. There are situations where someone is unaware that he or she is maintaining a nuisance and will correct the situation when so informed through a letter or a conversation. Cities can also consider other potentially effective voluntary approaches for nuisance elimination. For example, many cities sponsor neighborhood cleanup days or city-wide recycling events. These activities: provide individuals the opportunity to dispose of many larger items; provide an opportunity for neighborhood residents to work together to address general maintenance issues; and may provide incentive for individuals to fix up their own property. B. Criminal prosecutions Minn. Stat. § 412.231. Most nuisance ordinances provide that violations will constitute a misdemeanor offense. A misdemeanor is a crime for which a sentence of Minn. Stat. § 609.02. not more than 90 days imprisonment or a fine of not more than $1,000 (or both) may be imposed. Criminal prosecutions may take longer than other alternatives and require a higher burden of proof (beyond a reasonable doubt). However, a possible criminal conviction can provide a good incentive for the individual to bring his or her property into compliance. As part of the criminal sentencing, some or all of the actual jail time or fines may be suspended (or stayed), so long as the nuisance condition is remedied within a particular period of time. C. Civil actions When the city has reasonable grounds to believe a nuisance exists, it may bring a civil action in district court to end that activity. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 15