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

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RELEVANT LINKS: When the identity of the person maintaining a nuisance condition is known, notice should be provided by personal service or service by mail Village of Zumbrota v. Johnson, 280 Minn. 390, 161 (posting notice on the property may also be sufficient). If the person is N.W.2d 626 (1968). unknown, publication can be sufficient, but the city’s diligence in determining identity or residency may come into question. City of Golden Valley v. City administrative search warrant procedures must include notice to Wiebesick, 899 N.W.2d 152 tenants, not just to landlords. This notice must include an opportunity to be (Minn. 2017). heard in court. If the city, applying for the warrant does not disclose it, “the district court may also inquire into the extent of police presence, if any, planned for the inspection and the appropriateness of that presence. Typically, absent a threat of danger, the police will not be participating in the inspection within the premises.” A warrant is likely not needed if the situation on the property is an emergency or a “compelling need.” C. Documentation State v. Haase, No. C4-00- City officials need to document and maintain records of their nuisance 1463, (Minn. Ct. App. Apr. abatement activities. Staff notes, photographs, video recordings, and 10, 2001 (unpublished decision). copies of notices will all help the city demonstrate that a nuisance condition existed. Adequate records will assist city staff in refreshing their recollections when testifying—perhaps more important in larger cities with many nuisance conditions occurring at any one time. Consider what equipment would be helpful (such as a digital camera) for documenting enforcement activities. X.Consequences The decision to adopt and enforce ordinances will lead to various consequences, some positive, some negative. Cities should consider the potential, perhaps likely, impacts when they consider their options. A. Positives A well-written and enforced city nuisance program may be the best option a community has in maintaining a high quality of life. Nuisance conditions can greatly impact a community’s general livability. Cities can also avoid greater long-term costs when conditions are addressed in theirinfancy. In addition to the obvious criminal or social concerns nuisances can cause, many theorists contend that nuisance conditions themselves breed more “Broken Windows” The Atlantic Online, (March and more nuisance activities. With their “broken windows” theory, James 1982). Q. Wilson and George Keiling proposed that if nuisances are allowed to go uncorrected, individuals are empowered to cause more nuisances, nurturing an environment in which criminals can thrive on apathy and neglect. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 25