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4924-1210-7044\2 MEMORANDUM TO:Mayor and City Council City of St. Anthony Village CC:Charlie Yunker, City Manager FROM:Jay Lindgren, City Attorney Frannie LaBudda DATE:22 April 2025 RE:Summary of Nuisance Abatement Process At its [_],2025 Regular Meeting,the Council will discuss the nuisance conditions present at 3004 31st Avenue and 3208 Skycroft Drive as well as options for abatement.This Memorandum provides a summary of the abatement processes under the City Code and Minnesota Statutes,including the process for obtaining a court order for abatement of the nuisance.In general,the City must be careful to provide the homeowner with sufficient notice and an opportunity to be heard before moving forward with abatement measures. I.City Ordinance Abatement Process Chapter 92 of the City Code defines various types of public nuisances,including the outside parking of any vehicle without a current state registration (§154.179(A)(4)),the parking of inoperable motor vehicles in view of a public street or alley,including those that furnish a shelter and breeding place for vermin (§92.03(L)-(N)),the outside or vehicle storage of common household and business materials (§92.06(A-B)),and poorly maintained buildings, fences,and other structures (§92.07(A)-(B)).The process for mandatory abatement of the nuisance proceeds as follows: 1.A peace officer or other designated person serves a written notice on the property owner which describes the violation and orders that the nuisance be abated,with specified steps that must be taken and a timeframe for doing so.City Code § 92.09(A)(1), (B). 2.If the initial order is not complied with,the officer or designated person reports this fact to the City Council. City Code § 92.09(B). 3.The property owner must then be served with a written notice of the City Council’s consideration of the nuisance order. City Code § 92.09(B). 4.Following a hearing at which the property owner is given the opportunity to be heard, the Council may determine that the condition is a nuisance violation and order that it be abated within a specific time period.City Code §92.09(B).The city must provide the property owner with written notice of the City Council’s order and notice of motion for summary enforcement or obtain an administrative search and seizure warrant and abate the nuisance. City Code § 92.09(B). 5.If the property owner fails to comply with the City Council’s order within the specified timeframe, the City may seek injunctive relief in court (see below). 87