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

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RELEVANT LINKS: Evidence collected in violation of the Fourth Amendment may be excluded, making it difficult to obtain a conviction or other desired result. Violations of constitutional rights could subject the city to penalties as well. Camara v. Municipal Court, To obtain an administrative search warrant, the city must show probable 387 U.S. 523, 87 S. Ct. 1727 cause why its request to enter private property is justified. The application (1967). for a warrant must describe the city’s inspection program and establish how the particular inspection requested falls within the scope of the ordinance. City officials should assume an administrative warrant will be required to enter a premises for purposes of inspection or investigation unless: An emergency exists—an imminent threat to the public’s safety, health, or general welfare. An appropriate person has granted consent to enter. The place to be inspected is heavily regulated, such a liquor stores, firearms dealers, junkyards, etc. Inspection is required as part of city licensing. B. Notice—due process In non-emergency situations, a property owner and tenants must be provided notice of alleged ordinance violations and the opportunity to remedy the condition before the city can exercise police powers and abate the nuisance condition itself. This notice should provide: The nature of the violation and the city ordinance in violation. The necessary remedy for the condition. The date by which it must be corrected,or the city will abate itself. The right to request a hearing and the date the request must be made by. A description of the penalties if the conditionis not corrected. Notice that costs incurred may be assessed against the property. Minn. Stat. § 617.81, subd. This effectively mirrors the procedural requirements for the abatement 4. procedures provided in the state statutes. The city should provide a reasonable period of time for the individual to Minn. Stat. § 617.81, subd. correct the nuisance condition. For example, the state statutory option 4. provides 30 days before an abatement action is filed. Reasonable time is subjective, depending upon the type and severity of the violation. Too much time may frustrate efforts to prosecute conditions of noncompliance. For example, if the condition really was a detriment to the general public’s health, safety, and welfare, why was it allowed it to remain for such a long time? League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 24