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Code Enforcement Presentation February 3, 2003 Page 3 A notice of violation lists specific code sections and establishes timeframes for bringing the property into compliance and is in the nature of a warning. In most cases, staff gains compliance by issuing a notice of violation. A notice of violation has a cover sheet explaining the program goals and purpose. At properties with no prior code violation history, this has a congenial tone and includes specific information regarding the violation, “Hey friend, did you know that the garbage in your yard is in violation of City ordinance? Lets talk about ways to solve this problem that work for both of us.” A notice of violation is appropriate in most cases, however, where Staff confronts violations that pose imminent health and safety hazards, a notice of violation may be inadequate to compel compliance. Another informal administrative remedy is the stop work order. This is an appropriate remedy when Staff determines that current construction activity must cease immediately because it is inconsistent with specific requirements of the Building Code, the underlying building permit, or does not meet zoning approval. When staff has issued a notice of violation and the necessary corrective action(s) has not been taken within the established timeline another informal administrative remedy is used, the issuance of an administrative offense citation. This tool is an effective way for the City to compel compliance while avoiding criminal prosecution for a relatively minor violation. Once an administrative offense is issued, the violator has a choice to pay the associated penalty and take the necessary corrective actions, or request an administrative hearing with the City, which is facilitated by the Clerk-Administrator and attended by Staff. If the violator chooses to take no action after a period of 30 days, Staff will again evaluate the available remedies and determine if proceeding to formal administrative remedies, criminal prosecution, or civil injunction is appropriate. Where informal enforcement actions are either ineffective or inappropriate, Staff may use formal administrative actions as an alternative to judicial action or before a case is filed in court. Formal administrative actions are classified into three general categories, revocation or suspension of licenses, permits or certificates of occupancy, administrative abatement, and summary abatement. Abatement is a formal enforcement tool used by Staff to remove conditions that cause a public nuisance. In both administrative and summary abatement, the City (or a contractor for the City) performs the corrective action and then assesses costs against the property. Administrative abatement and summary abatement differ in that administrative abatement requires a notice prior to the abatement action, summary abatement can be done with no prior notice, provided however, that an emergency situation or condition existed. Section 607.07 Subdivision 3 of the City of Mounds View Nuisance Code grants the authority to impound vehicles constituting a public nuisance. Section 607.07 Subdivision 5 of the City Code provides that vehicles constituting a public nuisance may be impounded after 72 hours when a notice of violation has been