6. Code Enforcement Powerpoint (Scandia Work Session) 6.2.17 (JVT)ECI<BERG
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Code Enforcement for Cities
Joe Van Thomme, City Prosecutor
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WHAT WE'LL COVER
• Types of Code Violations
• Keys to Compliance
• Tools for Enforcement
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Goal of Every Municipality
COMPLIANCE
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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
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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
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Keys to Compliance
• Process
le Documentation
Notice and Action
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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
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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
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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!
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Tools for Enforcement
• Civil Remedies
-Abatements
-Injunctions
-Temporary Restraining Orders
-Attorney's Fees/Costs?
• Criminal Prosecution
-Complaints or citation
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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
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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
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Tools for Enforcement
Civil Remedies
• What To Expect
-Time
-Cost
-Comprehensive result
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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
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Tools for Enforcement
Criminal Prosecution
• Process
-Complaint or citation
-Arraignment
-Pretrial
-Trial
• Requirements for Prosecution
-Documents ("reports")
-Photographs ("evidence")
-Witnesses
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Tools for Enforcement
Criminal Prosecution
• What to EXDect
-Control "issues"
-A trip to court (maybe)
-Success can vary
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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
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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
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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
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Successful Code Enforcement
• Process
• Documentation
• Notice and Action
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Can It Work?
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Can It Work?
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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