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

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RELEVANT LINKS: 5. Demolitions City of Minneapolis v. State statutes, as well as some city ordinances, provide for the destruction Meldahl, 607 N.W.2d 168 of buildings, structures, or other nuisance situations. As a drastic, (Minn. Ct. App. 2000). Minn. Stat. § 463.16. irreversible solution to nuisance conditions, demolitions should only be See LMC information memo, used as a last resort and after all statutory and procedural requirements are Dangerous Properties. strictly followed. When repairs or alterations can be made to remedy a hazardous situation, repairs should generally be ordered, rather than destruction of the property. VIII. Enforcement decisions There is no blueprint for effective nuisance enforcement. Each city responds to nuisance activities in its own manner, based upon city finances See Part VIII – C – Inspection-based and staffing needs, as well as the community’s interest or concerns. Some enforcement cities take a proactive approach to nuisance enforcement, sending officials See Part VIII – B – out into neighborhoods, industrial parks, and business districts, actively Complaint-based looking for code violations. In others, the response is more reactive, enforcement. relying more on complaints than active investigating. The approach that is ultimately used should be formally adopted by city policy. It should be specific enough to defend against claims of unequal treatment, yet with enough flexibility to allow for different circumstances that may arise. A. Enforcement officers Cities need to decide who is responsible for enforcing their nuisance Minn. Stat. § 412.231. regulations. As ordinance violations are misdemeanor offenses, city law enforcement will certainly play a significant role. However, when regulating nuisances, cities can also rely on: City administration. Civilian code enforcement officers. Hearing officers. Building inspectors. Animal control officials. Public works, street, or sanitation department officials. State officials (MPCA, Building Codes & Standards, DNR). Private contractors. A city’s investment into nuisance code enforcement will vary, based upon city priorities, needs, and resources. It is important to consider these factors when drafting city ordinances or policies. Ordinances and policies that a city will not have the ability to enforce should not be adopted. It may seem appealing to make nuisance enforcement the responsibility of a single person or department, so the city knows who is handling all nuisance issues. However, because of the variety of responsibilities and League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 20