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~UN-30-1999 15:14 PED 14TH FLOOR 6512283220 P.04/07 first-class mail to the address posted on the property pursuant to Chapter 35 of this Code. or if the address or unit is in a structure exempt from the provision of Chapter 35. to the address shown in the records of the Ramsey County Assessor's Office. It is not a defense that the person(s) in control of property failed to change the address listed as required under Chapter 3S or that the person(s) failed to file a change of address with the Ramsey County Assessor's Office or with the post office. (f) Violation after notice. The person(s) having control of property who fails to take action to abate or prevent the public nuisance shall be deemed to have notice that they are knowingly maintaining or using the identified property as a public nuisance and may be charged with a violation of this section subject to the following: (1) Upon the conviction of any person for any offense which constitutes a public nuisance under this chapter, the person(s) having control of the property where the offense occurred has been sent written notice and warning of the conviction pursuant to this section; and (2) Upon a second conviction of any person for any offense defined under this chapter as a public nuisance and which occurred at the same address or unit number of the previous conviction. (g) Defenses. F or the purposes of this section, the following affirmative defenses are provided: (1) It is a defense against a proceeding under this section that the pcrson(s) having control of the property made every reasonable attempt to abate the public nuisance by evicting the tenant(s) from the premises by filing and completing an unlawful detainer action against therm before the second conviction under this section. . (2) It is a defense against a proceeding under this chapter that the tenant(s) of the address or unit number where the second incident occurred did not reside at the address at the time of the first incident, if the person(s) having control of the property demonstrate(s) that due care was used in selecting tenants and if no pattern of public nuisance at that address is shown. "Due care," as it ap~ears in this subsection. shall be the common law standard applied to ordinary negligence civil actions. (h) Jurisdiction. Violations of this section shall be calendared in the Ramsey County District Court-Housing Division. (Code 1956, ~ 466.02; Ord. No. 17790, ~ 1, 12-6-90; C.F. No. 92-]495,92,1.28.93) 6/30/99 /' http://www .stpaul. gov/ codellc231.html \