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

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RELEVANT LINKS: C. Inspection-based enforcement If a city wants to take a more proactive approach and minimize the impact of nuisances, it can establish an active inspection program to seek out potential violations and require compliance with city regulations. Inspection programs are quite common and most likely are already being used for: City street and sidewalk conditions. See LMC Information Memo, Sanitary Sewer City water and sewer systems. Toolki t. Liquor and other licensed commercial establishments. See LMC information memo, Rental housing. Liquor Licensing and Regulation. A nuisance inspection program sends city officials into the community to locate nuisance violations. When conducting inspections, city staff: Collect and record all relevant facts and data, including the name of the alleged violator, location, and nature of the violation, photograph conditions and record their observations on the conditions. Analyze all the information to determine if a nuisance condition exists. Document conclusions and recommend a course of action. Provide owner or offender notice of condition and expected course of correction and/or consequences. City budgets and human resources will determine how proactive a city can be in actively investigating nuisance concerns in addition to responding to complaints. Active inspection programs should operate in accordance with an adopted policy, something that prioritizes active inspections based on community needs and city resources. IX. Particular concerns There are certain issues that commonly arise when cities adopt and enforce nuisance regulations. A. Private property U.S. Const. amend. IV. U.S. Enforcement measures often lead city inspectors to nuisance conditions on Const. amend XIV. private property, whether it is residential, industrial, commercial, or Katz v. U.S., 389 U.S. 347, otherwise. Entry onto private property for licensing, nuisance, or 88 S. Ct. 507 (1967). hazardous building purposes is subject to the same requirements as any Mapp v. Ohio, 367 U.S. 643, 81 S. Ct. 1684 (1961). other government intrusion onto private property. The Fourth and Fourteenth Amendments to the U.S. Constitution prohibit unreasonable searches and seizures. Individuals have a reasonable expectation of privacy on their property. Care must be taken to ensure that the city does not violate the property owner’s right to be free from unreasonable searches. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 22