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00-31CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 20 0 0 - 31 RESOLUTION ADOPTING POLICY AND PROCEDURE FOR CITY CODE VIOLATIONS WHEREAS, the City of Otsego has determined to review its policies regarding enforcement of City Ordinances so as to more effectively and efficiently enforce said ordinances; and WHEREAS, after review of current policies and procedures the City Council feels that adoption of the policy attached will provide more efficient, effective and stronger enforcement of the City's ordinances and will provide notice to the public of the City's enforcement procedures and process. THEREFORE, the Otsego City Council hereby adopts the following policy. 1. All initial complaints of ordinance violations shall be reviewed by City staff and appropriate letters sent out regarding violations. 2. In the event that compliance does not occur within the time frame set forth in the notification letter, the matter shall be referred to the Building Official and the Code Enforcement Attorney who shall evaluate how to proceed in each case taking into account the following criteria. A. The nature and severity of the violation. B. The history of the property or owners of the property in relation to past compliance or failure to comply. C. Health, welfare and safety concerns related to the alleged non- compliance. D. Whether or not the compliance involves a structure falling under the defmition of a hazardous building, or a building to which access needs to be restricted. 3. In the event that the Building Official and Code Enforcement Attorney determine that due to any of the factors set forth above that the matter should be pursued by action other than misdemeanor prosecution, they shall present the particular case and their recommendations to the City Administrator. 4. Based upon the information and recommendations received, the City Administrator shall determine whether the City shall proceed in one of the following ways to gain compliance. A. By seeking an injunction; 2. By use of the hazardous building law or related statutes; 3. By City abatement of the violation and possible assessment of costs against the property owner. 5. If the determination is to proceed by injunction, the matter shall be referred to the Code Enforcement Attorney to pursue injunctive relief. 6. If the determination is to proceed by use of the hazardous building law or related statutes it shall be referred to the City Attorney and, after notice, a public hearing held in front of the City Council. 7. If the determination is to proceed with abatement it shall be referred to the City Attorney and, after notice, a public hearing shall be held in front of the City Council. 8. Prior to entry onto any private property for purposes of abatement by the City, a court order shall be procured by either the City Attorney or Code Enforcement Attorney. 9. In the event of an emergency situation, as determined at the sole discretion of the City, action may be taken by the City without following the procedures set forth in this policy. ADOPTED this day of October, 2000 by the Otsego City Council. WP CITY OF OTSEGO