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6. Code Enforcement Powerpoint (Scandia Work Session) 6.2.17 (JVT)ECI<BERG CANNERS ATTORNEYS AT LAW Code Enforcement for Cities Joe Van Thomme, City Prosecutor ECIGERG LAMMERS ATTORNEYS AT LAW WHAT WE'LL COVER • Types of Code Violations • Keys to Compliance • Tools for Enforcement ECIGERG LANIMERS ATTORNEYS AT LAW Goal of Every Municipality COMPLIANCE ECIGERG LAMMERS ATTORNEYS AT LAW Types of Code Violations Nuisances • Animals • Trash Piles • Junk Cars • Landscaping Buildin • Condition of Property • Uniform Development Code • 1 nfestations Zoning • Home Occupation • Use Violations • Signage • Crime -Free Multi - Housing 11 ECIGERG LAMMERS ATTORNEYS AT LAW ECIGERG LAMMERS ATTORNEYS AT LAW Why Cities Take Action Code Violations of all types impact: • Quality of life for residents • Property values • Public health and safety • Community acceptance of ordinances 9 ECIGERG LAMMERS ATTORNEYS AT LAW t'. �-, ft .. 1� "I -_ 11 ECIGERG LAMMERS ATTORNEYS AT LAW Keys to Compliance • Process le Documentation Notice and Action ECIGERG LAMMERS ATTORNEYS AT LAW Keys to Compliance Process 1. Designate a Code Enforcement Official ("CEO") who will: --Take complaints, observe violations --Identify specific code(s) violated --Document violations Include: Photographs, written descriptions, dates, names --Sign complaints, affidavits, warning letters, violation letters 2. Identify and maintain record system ECIGERG LAMMERS ATTORNEYS AT LAW Keys to Compliance Documentation 1. CEO will document/record --Specific violations and sections violated: Include: Property location, owner (with proof), dates, specific violations observed, person making observations --Any communications with owner/violator --Identify and maintain record system ECIGERG LAMMERS ATTORNEYS AT LAW Keys to Compliance Notice and Action 1. Notify property owner/violator of violations, in person and/or in writing of: --Specific violations observed, along with code section and dates --Time line for compliance (e.g. 1-14 days, 15-30 days etc) --City's enforcement action if violations continue 2. Take Action: --Review property on predetermined date, ensure "next step" is taken --Follow the same process for every violator every time! ECIGERG LAMMERS ATTORNEYS AT LAW Tools for Enforcement • Civil Remedies -Abatements -Injunctions -Temporary Restraining Orders -Attorney's Fees/Costs? • Criminal Prosecution -Complaints or citation ECIGERG LAMMERS ATTORNEYS AT LAW Tools for Enforcement Civil Remedies • Abatements -Timeline: 90 days to one year or more -Process: -Civil complaint and pleadings -Trial -Order and/or stipulation permitting city's action -Costs assessed to property ECIGERG LAMMERS ATTORNEYS AT LAW Tools for Enforcement Civil Remedies • Injunctions/Temporary Restraining Orders (TROs) -Timeline: 90 days to one year or more -Process: -Civil complaint and pleadings -Temporary Order (usually), followed by trial -Order granting relief -Costs/attorney's fees can be imposed ECIGERG LAMMERS ATTORNEYS AT LAW Tools for Enforcement Civil Remedies • What To Expect -Time -Cost -Comprehensive result ECIGERG LANIMERS ATTORNEYS AT LAW Tools for Enforcement Criminal Prosecution • State law allows cities to designate ordinance violations as misdemeanors (most do) • Misdemeanor penalty: 90 days in jail, $1,000 fine or both • Criminal prosecution initiated by complaint or citation ECIGERG LAMMERS ATTORNEYS AT LAW Tools for Enforcement Criminal Prosecution • Process -Complaint or citation -Arraignment -Pretrial -Trial • Requirements for Prosecution -Documents ("reports") -Photographs ("evidence") -Witnesses ECIGERG LAMMERS ATTORNEYS AT LAW Tools for Enforcement Criminal Prosecution • What to EXDect -Control "issues" -A trip to court (maybe) -Success can vary ECIGERG LAMMERS ATTORNEYS AT LAW Tools for Enforcement Civil Remedies vs. Criminal Prosecution • Civil -Comprehensive -Can be costly -Focus is on the property • Criminal Prosecution -Quicker to initiate -Can be less costly, but less effective -Focus is on the person ECIGERG LANIMERS ATTORNEYS AT LAW Tools for Enforcement Civil Case Example • December 2014 — March 2015: complaints from neighbors, confirmation of failing septic system on residential property - "...emission from subsurface... raw septic effluent..." • April 16, 2015: Motion for TRO/complaint filed against property owner and resident • April 24, 2015: Served upon all parties (5 total) • April 24, 2015: Temporary Order granted, hearing scheduled • May 4, 2015: Hearing — judge issues Order suspending all septic use until further notice • May 5, 2015: multiple site visits by CEO, reviewing septic replacement work etc. • July 31, 2015: confirmation of new septic installed and compliance • August 4, 2015: stipulated dismissal by city/owner/resident, signed by judge ECIGERG LAMMERS ATTORNEYS AT LAW Tools for Enforcement Criminal Prosecution Case Example • October 12, 2015: multiple building code violations observed during inspection after complaints • October 29, 2015: complaint filed in district court • December 9, 2015: Arraignment hearing • April 11, 2015: pretrial hearing • April 25, 2015: pretrial hearing • August 1, 2015: plea hearing; plea of guilty entered, pending sentencing • August 30, 2015: re -inspection, compliance confirmed • September 12, 2016: Sentencing ECIGERG LAMMERS ATTORNEYS AT LAW Successful Code Enforcement • Process • Documentation • Notice and Action ECIGERG LAMMERS ATTORNEYS AT LAW Can It Work? 0 r ECIGERG LAMMERS ATTORNEYS AT LAW Can It Work? ECIGERG LAMMERS ATTORNEYS AT LAW Joe Van Thomme City Prosecutor jvanthomme@eckberglammers.com Stillwater Office 1809 Northwestern Avenue Stillwater, MN 55082 Phone: 651-439-2878 Fax: 651-439-2923 Hudson Office 430 Second Street Hudson, WI 54016 Phone: 715-386-3733 Fax: 715-386-6456 www.eckberglammers.com