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