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2 II. State Statute Abatement Process Minnesota Statutes Chapter 617 provides a process by which a City can seek a court order for abatement of a nuisance condition. In order to obtain a court order under this section, the process set forth in the state statute must be followed. Minn. Stat. § 617.81, subd. 1. Additionally, in order to seek a court order under this provision there must be proof of two or more separate nuisance incidents in the previous 12 months, such as maintaining “a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public.” Minn. Stat. § 609.74(1). The process for obtaining a court order is as follows: 1. The City Attorney provides written notice to the property owner which (1) specifies the nuisance, (2) summarizes the evidence of such nuisance, (3) informs the recipient that failure to abate within 30 days may result in a court order, and (4) informing the recipient of their ability to cancel a lease if it is a leased property. Minn. Stat. § 617.81, subd. 4. 2. The property owner has 30 days to abate the nuisance or enter into an abatement plan with the City. Minn. Stat. § 617.82(a). 3. If the property owner does not abate the nuisance within 30 days of the notice or does not comply with the agreed-upon abatement plan, the City Attorney may file a petition in state court for a temporary injunction. Minn. Stat. § 617.82(b)-(c). 4. The court will then hold a “show cause” hearing, at which the property owner will have the opportunity to tell their side of the story to the court. If the City proves that a nuisance exists, the court issues a temporary injunction. Minn. Stat. § 617.82(c). 5. If necessary, following another hearing, the court will issue a permanent injunction and order for abatement of the nuisance. Minn. Stat. § 617.83. In the case of movable property causing the nuisance, as here, the court will direct the removal and sale of the property. Minn. Stat. § 617.84. III. Next Steps and Recommendations As shown above, the City and State processes for abating nuisances are similar but not identical. However, they can be used in an overlapping manner in a way that preserves the City’s right to obtain a court order. If the Council would like to move forward with abatement, we recommend the following sequence of actions: 1. At August 11 meeting, Council authorizes staff to move forward with abatement of the nuisance conditions present at 3208 Skycroft Drive. 2. City issues a notice of nuisance violation (signed by the police department and City Attorney), which complies with the notice requirements of Minn. Stat. § 617.81. 3. Following notice in accordance with City Code § 92.23(A)(2), the City Council holds a hearing and issues an order for abatement. 4. If the order is not complied with within 30 days, the City Attorney files a petition for temporary injunction in district court. 94