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

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RELEVANT LINKS: In short, the enforcement of ordinances and the abatement of nuisances have been credited with: Increased property values and community pride. Lower crime rates and less gang-related activities. Creating a more attractive destination to visitors, potential residents, and potential businesses. B. Negatives There are ongoing responsibilities with enforcing nuisance ordinances. Handbook, Liability. While cities are afforded some degree of deference in regard to city policies, the lack of clarity surrounding nuisance activities can create its own problems particularly where: Officials are not properly trained in nuisance enforcement. Differences in philosophies exist. A nuisance isdeclared, but no nuisance actually exists. City officials have consistently failed to enforce an ordinance. Selective or discriminatory enforcement occurs. City officials undertake unreasonable or illegal searches. Inappropriate or unwarranted abatement actions occur. There is a large area of conduct where there may be a reasonable difference in opinion as to whether something really is a public nuisance. In addition, there are conflicting opinions on how valid “broken windows” or similar theories are in demonstrating how minor nuisances grow into larger concerns. Regardless of the long-term savings, nuisance enforcement costs money. A city will need to budget for the costs of city employees, inspections, See Part XI – Special assessments. hearings, and the actual abatement of nuisance and hazardous conditions. While there are mechanisms to recover abatement/enforcement costs, many governments simply do not have the funds to make code enforcement a priority. XI. Special assessments In addition to the other means available for a city to recoup the nuisance- related costs, a city may use special assessments to recover its costs. See LMC information memo, Special assessments are a charge imposed on properties for a particular Special Assessment Toolkit. improvement that benefits the owners of those selected properties. The Minn. Const. art. X § 1. authority to use special assessments originates in the Minnesota Constitution. Cities and other governmental entities have the authority “to levy and collect assessments for local improvements upon property Minn. Stat. § 429.061. benefited thereby.” Generally, cities use assessments to finance a variety League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 26