07.a Amending City Code Chapter 32 - Administrative Citations
1
MEMORANDUM
To: Scandia City Council
From: Amanda Johnson, City Attorney
Date: September 15, 2026
Re: City Code Amendment – Civil Actions and Recovery of Costs
Background
Currently, the City Code authorizes the use of administrative citations (City Code § 32.04) and
nuisance abatement (City Code § 91.08) but does not explicitly address the City’s procedure for
civil actions and recovery of the associated costs.
Code compliance is typically achieved through warning notices, administrative citations or
abatement, but on occasion it may be necessary for the City to file a civil action against a property
to gain compliance. In those rare cases, it is important for the City to have clear authority in
ordinance to both initiate the cause of action and establish the authority for the City to recover all
associated costs with the action.
At the July Council meeting, the Council considered a proposed ordinance amendment regarding
civil actions and cost recovery. Council directed City Staff to make minor revisions and bring back
to the Council for approval.
Proposed Council Action
Motion to approve Ordinance Number 2026-06 enacting Chapter 32 – Section 32.07 District court
civil injunctive/abatement actions and recovery of legal fees and costs.
CITY OF SCANDIA
ORDINANCE NO. 2026-06
AN ORDINANCE ENACTING SCANDIA CITY CODE CHAPTER 32, SECTION 32.07
DISTRICT COURT CIVIL INJUNCTIVE/ABATEMENT ACTIONS AND RECOVERY
OF LEGAL FEES AND COSTS
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1: ENACTMENT. The City of Scandia, Chapter 32 – Section 32.07 District court civil
injunctive/abatement actions and recovery of legal fees and costs, shall be enacted as follows:
Sec. 32.07. District court civil injunctive/abatement actions and recovery of legal fees and
costs.
(a) This section is limited to circumstances where the city has in its judgment exhausted all
other reasonable means to achieve compliance with this Code and authorizes the involvement
of attorney legal action up to and including commencement of a district court civil action.
(b) In the event of a district court civil action or other code enforcement activity by the city,
the city shall be entitled to recover its reasonable attorney’s fees and costs directly related to the
city’s code enforcement activities and court action. If the city prevails, the violator shall be
personally liable to the city for all actual fees, legal fees, and court costs incurred in connection
with the code enforcement activity, attainment of injunctive relief, abatement or other district
court action and/or the city’s code enforcement remediation and/or restoration of the affected
property. As soon as the injunctive action, enforcement, or abatement has been completed and
obtained by whatever means and the costs determined, then the city will mail the bill or other
demand for payment to the property owner. Liability for legal costs shall also include any action
necessary to collect an unpaid bill from the responsible party.
(c) If the bill is not paid within 30 days, the city may draw the amount of the bill from any
financial guarantees the city may hold and/or may assess any property from which the offense
originated, or undertake other necessary collection efforts against all responsible parties. Each
year the city shall list the total unpaid charges under this section against the property to which
the unpaid costs are attributable to under City Code. After notice and hearing as provided in
M.S.A § 429.061, as amended, the city council may then spread the unpaid charges against the
property benefitted as a special assessment under M.S.A. § 429.101, as amended, for the
certification to the Washington County Auditor and collection along with the current taxes the
following year or in annual installments not exceeding ten (10) years as the city council may
determine in each case.