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

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RELEVANT LINKS: The operations of peddlers, solicitors, and transient merchants. The use of city streets and sidewalks. Land use and development. See LMC information memo, A land use tool known as a conditional use permit (CUP) is a good Zoning Guide for Cities. example of such a regulation. Conditional uses seek to strike a middle Zylka v. City of Crystal, 283 ground between the unchecked approval of a particular use and complete Minn. 192, 167 N.W.2d 45 prohibition. Conditional uses are uses that will be allowed if certain (Minn. 1969). conditions (that minimize the problematic or nuisance features of the use) are met. If such conditions are not followed, the permit may be revoked. City of Duluth v. Krupp,46 An additional benefit with licensing or permitting systems is the collection Minn. 435, 49 N.W. 235 of a fee. A proper license fee can include the law enforcement/city staff (Minn. 1891). Orr v. City of Rochester, 193 Minn. 371, costs required to properly enforce the city regulations or address the other 258 N.W. 569 (Minn. 1935). negative consequences that are likely to occur with that type of activity. Cities cannot set license fees so high as to prohibit such businesses (or activities) within the city altogether. F. Abatement Regardless of what level of priority is placed on regulating nuisance activities, situations will arise that demand city action. Who will act and how the situation is actually remedied depends upon the particulars involved. 1. Voluntary abatement—notice See Part VII – A – Self- In almost all cases, the city’s first step in an abatement process is the remedy. request for a voluntary remedy of the nuisance condition. Again, convincing an individual to take care of his or her own problems is the most cost-effective way to address most public nuisances. If this does not occur, a clearly written notice is an important first step in providing due process, ensuring that the individual’s property rights are protected if the city must abate the condition itself. 2. Injunctions State v. Sportsmen’s County Since the criminal process can often times be slow and the results are Club 214 Minn. 151, 7 uncertain, it may be necessary to seek injunctive relief to terminate or N.W.2d 495 (Minn. 1943). prevent a nuisance. Under its duty and authority to protect the rights of all of its citizens, a city can obtain injunctions to restrain public nuisances. Minn. Stat. §§ 617.82-.83. The city attorney files a petition with the district court seeking a temporary See “Minnesota’s Public and injunction. The court will hold a “show cause” hearing to provide the Private Nuisance Laws,” Minnesota House Research alleged violator an opportunity to be heard on the allegations within the (July 2015). petition. If the judge believes that the condition has occurred, he or she See Part VII – F – 3 – Orders will issue a temporary injunction, detailing the prohibited conduct or of abatement. conditions. After a temporary injunction is issued, the court, after a further League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 17