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RELEVANT LINKS: <br />See Parc VII —F— <br />Abatement. <br />Hannan v. Cin of <br />Minneapolis, 623 N.W.2d <br />2S1 (Minn. Ct. App. 2001). <br />Ciro of Ramsey v. Kiefer, No. <br />A08-1714 (Minn. Ct. App. <br />Aug. 25. 2009) (unpublished <br />decision). <br />Handbook, Chapter 11. <br />Handbook Chapter 12. <br />Minn. Stat. § 415.17. <br />As part of the criminal sentencing, some or all of the actual jail time or <br />fines may be suspended (or stayed), so long as the nuisance condition is <br />remedied within a particular period of time. <br />C. Civil actions <br />When the city has reasonable grounds to believe a nuisance exists, it may <br />bring a civil action in district court to end that activity. Rather than seek <br />criminal penalties, cities often pursue a civil remedy to achieve <br />compliance with a city ordinance. Civil actions are generally faster, <br />preferred by the courts, and provide the city the advantage of a lower <br />burden of proof (preponderance of the evidence). Civil remedies can <br />include injunctions or restraining orders. Subsequent violations of <br />restraining orders can be enforced though contempt proceedings. <br />D. Administrative enforcement <br />4 <br />Some cities have adopted administrative enforcement ordinances for <br />dealing with nuisance conditions. An administrative process is a quasi, <br />non -judicial alternative remedy. Under this system, property owners (or <br />other types of alleged nuisance violators) are provided the opportunity to <br />present their side before an administrative hearing officer (or panel) <br />appointed by the city council. When violations are found, penalties <br />typically follow a pre -established schedule: more nominal fees for a first <br />violation with increased penalties for subsequent acts. <br />The advantage to establishing an administrative hearing procedure is that it <br />is less formal, less costly, and potentially less intimidating than the court <br />system. The accused is given a chance to cone into compliance, with all <br />monies collected retained by the city, not distributed through the state <br />court system. <br />Cities should be aware that both the state auditor and the state attorney <br />general have questioned whether cities have authority to enact these local <br />processes. Accordingly, cities contemplating such an ordinance should <br />work closely with their city attorney. <br />E. Licensing <br />Cities also address nuisance conditions through conunon regulatory <br />means, such as city licenses, permits, and other forms of required <br />registration. The use of licenses and permits offer cities an effective means <br />to monitor compliance. The conditions included with the application <br />process help ensure that an applicant complies with ordinance <br />requirements before the license or permit is issued. If it is found at a later <br />time that the license or permit holder is not in compliance, the city can <br />League of Minnesota Cities Information Memo: 6/28/2013 <br />Public Nuisances <br />Page 16 <br />