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<br />rll ---'\) <br />( )j <br />~l}{ <br /> <br />ITEM #4.4. <br /> <br /> <br />MEMORANDUM <br /> <br />TO: MAYOR AND CITY COUNCIL <br /> <br />FROM: STEPHEN ROHLF BUILDING & <br />ZONING ADMINISTRATOR <br /> <br />DATE: NOVEMBER 22, 1999 ~e.. <br /> <br />SUBJECT: UPDATE ON NUISANCE <br />COMPLAINTS <br /> <br />Bob Cartwright, the city's new Code Enforcement Officer, is on an indefinite leave of <br />absence. Bob's wife is very ill. In Bob's absence, I will be handling the majority of the <br />nuisance complaints. <br /> <br />I would like to take an opportunity at Monday night's meeting to review the status of the <br />1999 nuisance complaints with the City Council. A handout outlining the 1999 <br />complaints is attached to this memo. Most of these issues are readily resolved because <br />the property owner involved is willing to cooperate. However, some require sterner <br />measures. <br /> <br />. <br /> <br />If a violator is not willing to comply with the city's order and schedule to rectify an issue, <br />the city now has a uniformed police officer issue a citation. Issuing a citation results in <br />an automatic court appearance for the violator. <br /> <br />In the past, an extremely small number of issues ended up in court. The procedure <br />currently is that Staff requests the Council's permission to proceed with court action on <br />each individual case. If enforcement in Elk River is to going to be effective, staff needs <br />the citation tool, even though it automatically triggers court action. <br /> <br />The first time in court is the arraignment hearing for the violator, which is handled by the <br />County Attorney's Office. If the violator pleads guilty, the judge will determine the <br />amount of the fine and the issue is over. Ifthe violator pleads not guilty, a trial date is <br />set. <br /> <br />Trying nuisance complaints is not part of the city's agreement with the County Attorney's <br />Office and they have indicated they do not have time to deal with them. Staff requests <br />the Council's permission to have the City Attorney's office handle these cases <br />without individual approval by the City Council. <br /> <br />. <br /> <br />Another tool to gain compliance with nuisance complaints is an abatement ordinance. <br />Such an ordinance allows the city to rectify a nuisance situation and assess the associated <br />cost to the property involved. This is another remedy that would only be used in extreme <br /> <br />13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425 <br />