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

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RELEVANT LINKS: Minn. Stat. § 617.86. hearing, may issue a permanent injunction and order of abatement if it finds (by clear and convincing evidence) that a nuisance exists. Violation of temporary or permanent injunction is treated as contempt of court. See Public Nuisances, LMC When adopting a nuisance ordinance, it is important to include a provision Model Ordinance. providing that the city will seek a court injunction when no other adequate remedy exists. 3. Orders of abatement For some nuisance conditions, an order preventing the condition from continuing will sufficiently end the problem conduct. Noise nuisances are a good example; when the noise is no longer allowed, the nuisance no longer exists. In others circumstances (such as the long grass and weeds), the nuisance will continue until steps are taken to eliminate the condition (the grass and weeds are cut). In those cases, an abatement order will provide the process for nuisance elimination. a. Judicial Orders Ames v. Cannon River Mfg. When a city seeks relief through the courts, the judge’s order will provide Co., 27 Minn. 245, 6 N.W. the process for abatement. It may provide the owner the opportunity to 787 (Minn. 1880). remedy the situation himself, as well as provide deadlines for when the city may remove the situation itself. The court is available to resolve any additional disputes that may arise during the process or impose additional penalties for not complying with the order. Minn. Stat. § 617.82. The property owner may enter into an agreement with the city to avoid the City of West St. Paul v. issuance or enforcement of an abatement order. If the property owner fails Krengel, 768 N.W.2d 352 (Minn. 2009). to abate the public nuisance conditions, the city may again seek an injunction. b. City orders Many cities attempt to avoid the judicial process by including within their local ordinances the authority to abate nuisance conditions themselves. Mindful of property rights and the need to provide adequate due process, the city ordinance typically provides for: Property inspections (which may require obtaining the necessary warrants) and documentation of any nuisance condition or activity. Written notice of the finding of a violation of city ordinance provided to the owners or operators. An opportunity to contest the nuisance finding with the city council or selected neutral party. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 18