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02-13-2007
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02-13-2007
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MV Minutes
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Item No: <br /> Meeting Date: Feb 13, 2007 <br /> Type of Business: Discussion <br /> • Administrator Review: <br /> City of Mounds View Staff Report <br /> To: Mounds View Charter Commission <br /> From: James Ericson, Community Development Director <br /> Jeremiah Anderson, Code Enforcement Officer <br /> Item Title/Subject: Discuss Potential City Charter Amendment to Allow for <br /> the Certification of Certain Unpaid Fines and Fees to <br /> Property Taxes <br /> Introduction: <br /> We would like to discuss the possibility of a City Charter amendment which would provide a <br /> mechanism by which unpaid fines and fees associated with property based nuisance code <br /> violations could be certified to one's property taxes. Presently the City has the authority to <br /> certify unpaid assessments, emergency response fines, false alarm fines, abatement costs <br /> and diseased tree removals to the property taxes. Such an amendment would provide City <br /> Staff the ability to be more responsive concerning nuisance code enforcement and be more <br /> flexible in how certain nuisance code violations are processed. <br /> • Discussion: <br /> The process for dealing with problem properties and repeated code violations can be quite <br /> extensive and resolution may not occur for many months if not a year or more. This is <br /> frustrating for staff, but particularly even more frustrating for the neighbors who live next door <br /> to or near the offending party. <br /> For most typical violations, staff makes an attempt to speak personally with the property <br /> owner or resident to let them know about the violation and what would need to be done to <br /> correct the situation. While many of these informal first meetings result in compliance, it is <br /> often the case that a written notice of violation (which simply articulates the nature of the <br /> violation) is sent to the responsible party with a request for correction in a certain period of <br /> time. Some property owners comply with the written notice while others seem to ignore the <br /> notices and remain in violation, much to the understandable displeasure of neighbors who <br /> are subjected to the continued violations. <br /> In the cases where a property owner ignores an order to remedy the noted violations, an <br /> administrative citation (otherwise known as an Administrative Offense, or, AO) may be <br /> issued to the responsible party. An AO is a municipal tag which carries a potentially lesser <br /> fine than a Ramsey County Court Citation. if the responsible party however chooses to not <br /> pay the fine associated with the AO and has not corrected the violation, a Ramsey County <br /> Court Citation is then issued. By this time, perhaps as much as 45 days has passed. The <br /> County Citation is forwarded to the clerk of courts who schedules a hearing before a judge. <br /> • Unfortunately, such hearings are often months into the future and in the meantime, the <br /> violations persist. Factor in the potential for delays, continuances and plea agreements and <br /> judges who believe nuisance codes are a low priority, many more months pass before a final <br /> judgment is rendered, often times with very lenient consequences. <br />
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