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<br />MEMORANDUM <br /> <br />TO: Mayor and City Council <br />City of St. Anthony Village <br /> <br />CC: Mark Casey, City Manager <br /> <br />FROM: Jay Lindgren, City Attorney <br />Paul K. Beck <br />DATE: 5 August 2020 <br /> <br />RE: Summary of Nuisance Abatement Process <br /> <br />At its August 11, 2020 Regular Meeting, the Council will discuss the nuisance conditions <br />present at 3208 Skycroft Drive and options for abatement. This Memorandum provides a <br />summary of the abatement processes under the City Code and Minnesota Statutes, including <br />the process for obtaining a court order for abatement of the nuisance. In general, the City must <br />be careful to provide the homeowner with sufficient notice and an opportunity to be heard <br />before moving forward with abatement measures. <br />I. City Ordinance Abatement Process <br />Chapter 92 of the City Code defines various types of public nuisances, including <br />accumulations of refuse or other debris (§ 92.16(E)), accumulations of discarded or disused <br />machinery, household appliances, auto bodies or other materials creating hazards (§ <br />92.18(P)), and parking of inoperable motor vehicles in view of a public street or alley (§ <br />92.20(A)-(B)). The process for mandatory abatement of the nuisance proceeds as follows: <br />1. A peace officer or other designated person serves a written notice on the property <br />owner which describes the violation and orders that the nuisance be abated, with <br />specified steps that must be taken and a timeframe for doing so. City Code § <br />92.23(A)(1), (B). <br /> <br />2. If the initial order is not complied with, the officer or designated person reports this fact <br />to the City Council. City Code § 92.23(B). <br /> <br />3. The property owner must then be served with a written notice of the City Council’s <br />consideration of the nuisance order. City Code § 92.23(A)(2). <br /> <br />4. Following a hearing at which the property owner is given the opportunity to be heard, <br />the Council may determine that the condition is a nuisance violation and order that it <br />be abated within a specific time period. City Code § 92.23(B). The property owner must <br />be provided with written notice of the City Council’s order. City Code § 92.23(A)(3). <br /> <br />5. If the property owner fails to comply with the City Council’s order within the specified <br />timeframe, the City may seek injunctive relief in court (see below). <br />93