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

Home Browse Search

RELEVANT LINKS: See Part VII – F – Rather than seek criminal penalties, cities often pursue a civil remedy to Abatement. achievecompliance with a city ordinance. Civil actions are generally faster, preferred by the courts, and provide the city the advantage of a lower burden of proof (preponderance of the evidence). Civil remedies can include injunctions or restraining orders. Subsequent violations of restraining orders can be enforced though contempt proceedings. D. Administrative enforcement Hannan v. City of Some cities have adopted administrative enforcement ordinances for Minneapolis, 623 N.W.2d dealing with nuisance conditions. An administrative process is a quasi, 281 (Minn. Ct. App. 2001). City of Ramsey v. Kiefer, No. non-judicial alternative remedy. Under this system, property owners (or A08-1714 (Minn. Ct. App. other types of alleged nuisance violators) are provided the opportunity to Aug. 25, 2009) (unpublished decision). present their side before an administrative hearing officer (or panel) appointed by the city council. When violations are found, penalties typically follow a pre-established schedule: more nominal fees for a first violation with increased penalties for subsequent acts. The advantage to establishing an administrative hearing procedure is that it is less formal, less costly, and potentially less intimidating than the court system. The accused is given a chance to come into compliance, with all monies collected retained by the city, not distributed through the state court system. Cities should be aware that both the state auditor and the state attorney general have questioned whether cities have authority to enact these local processes. Accordingly, cities contemplating such an ordinance should work closely with their city attorney. E. Licensing Cities also address nuisance conditions through common regulatory Handbook, City Licensing. means, such as city licenses, permits, and other forms of required Handbook, City Regulatory Functions. registration. The use of licenses and permits offer cities an effective means to monitor compliance. The conditions included with the application process help ensure that an applicant complies with ordinance requirements before the license or permit is issued. If it is found at a later Minn. Stat. § 415.17. time that the license or permit holder is not in compliance, the city can suspend, revoke, or deny renewal of the license or permit, and potentially even close a business unless or until it is brought back into compliance. Licensing practices can provide broad benefits to local communities by addressing direct and secondary impacts of particular activities. For instance, cities often regulate: The consumption and sale of alcohol. The conduct of adult businesses. The conduct of lawful gambling. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 16