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2 <br />4924-1210-7044\2 <br />II.State Statute Abatement Process <br />Minnesota Statutes Chapter 617 provides a process by which a city can seek a court order for <br />abatement of a nuisance condition.In order to obtain a court order under this section,the <br />process set forth in the state statute must be followed.Minn.Stat.§617.81,subd.1. <br />Additionally,in order to seek a court order under this provision there must be proof of two or <br />more separate nuisance incidents in the previous 12 months,such as maintaining a condition <br />which unreasonably annoys,injures or endangers the safety,health,morals,comfort,or <br />repose of any considerable number of members of the public.Minn.Stat.§617.81,subd.2 <br />(citing § 609.74(1)). The process for obtaining a court order is as follows: <br />1.The City Attorney provides written notice to the property owner which (1)specifies the <br />nuisance,(2)summarizes the evidence of such nuisance,(3)informs the recipient that <br />failure to abate within 30 days may result in a court order,and (4)informing the <br />recipient of their ability to cancel a lease if it is a leased property.Minn.Stat.§617.81, <br />subd. 4. <br />2.The property owner has 30 days to abate the nuisance or enter into an abatement <br />plan with the City. Minn. Stat. § 617.82(a). <br />3.If the property owner does not abate the nuisance within 30 days of the notice or does <br />not comply with the agreed-upon abatement plan,the City Attorney may file a petition <br />in state court for a temporary injunction. Minn. Stat. § 617.82(b)-(c). <br />4.The court will then hold a “show cause”hearing,at which the property owner will have <br />the opportunity be heard.If the City proves that a nuisance exists,the court issues a <br />temporary injunction. Minn. Stat. § 617.82(c). <br />5.If necessary,the court will issue a permanent injunction and order for abatement of <br />the nuisance.Minn.Stat.§617.83.In the case of movable property causing the <br />nuisance,as here,the court will direct the removal and sale of the property.Minn.Stat. <br />§ 617.84. <br />III.Next Steps and Recommendations <br />As shown above,the City and State processes for abating nuisances are similar but not <br />identical.However,they can be used in an overlapping manner in a way that preserves the <br />City’s right to obtain a court order. <br />If the Council would like to move forward with abatement,we recommend the following <br />sequence of actions: <br />1.At the [_]meeting,Council authorizes staff to move forward with abatement of the <br />nuisance conditions present at 3004 31st Avenue and 3208 Skycroft Drive. <br />2.City issues a notice of nuisance violation which complies with the notice requirements <br />of Minn. Stat. § 617.81. <br />3.Following notice in accordance with City Code §92.09(B),the City Council holds a <br />hearing and issues an order for abatement. <br />4.If the order is not complied with within 30 days,the City Attorney files a petition for <br />temporary injunction in district court. <br />88