10.85 - Repeat Nuisance Call Service Fee
9 10.85
Section 10.85: Repeat Nuisance Call Service Fee
Subdivision 1. Purpose
The purpose of this section is to protect the public safety, health and welfare and to
prevent and abate repeat service response calls by the City to the same property or
location for service calls, as defined herein, which prevent police or public safety
services to other residents of the City. It is the intent of the City by the adoption of
this Section to impose and collect service call fees from the owner or occupant, or
both, or property to which City officials must repeatedly respond for any repeat
nuisance event or activity that generates extraordinary costs to the City. The
repeat nuisance service call fee is intended to cover the costs in excess of the cost
of providing normal law or code enforcement services and police protection in the
City.
Subdivision 2. Scope and Application
This Section shall apply to all owners and occupants of private property which is the
subject or location of repeat nuisance service calls by the City. This Section shall
apply to any repeat nuisance service calls made by City peace officers, part time
peace officers, community service officers, animal control officers and code
enforcement technicians.
Subdivision 3. Definition of Nuisance Call or Similar Conduct
A. The term "nuisance" shall mean any activity, conduct, or condition occurring
upon private property within the City to which the City is required to
respond, consisting of the following:
Source: Ordinance No. 417, 2nd Series
Effective Date: 05-15-09
1. Any activity, conduct, or condition deemed by the City as a public
nuisance under any provision of the City Code;
2. Any activity, conduct, or condition in violation of any provision of Chapter
10 of the City Code;
Source: Ordinance No. 290, 2nd Series
Effective Date: 12-12-03
3. Any conduct, activity or condition constituting a violation of Minnesota
state laws prohibiting or regulating prostitution, gambling, controlled
substances, use of firearms; or
Source: Ordinance No. 417, 2nd Series
Effective Date: 05-15-09
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4. Any conduct, activity, or condition constituting disorderly conduct under
Chapter 609 of Minnesota Statutes.
Source: Ordinance No. 290, 2nd Series
Effective Date: 12-12-03
B. The term "nuisance call" shall mean when the City is required to respond to
any nuisance.
Subdivision 4. Repeat Nuisance Service Call Fee
The City Manager may impose a repeat nuisance service call fee upon the owner or
occupant of private property if the City responded to a nuisance call on three (3) or
more occasions within a period of three hundred sixty five (365) days in response
to or for the abatement of any nuisance. The repeat nuisance service call fee under
this Section shall be an amount as set forth and duly adopted by City Council
resolution. All repeat nuisance service call fees imposed and charged against the
owner or occupant under this Section shall be deemed delinquent thirty (30) days
after the City's mailing a billing statement therefore. Delinquent payments are
subject to a ten percent (10%) late penalty of the amount due.
Source: Ordinance No. 417, 2nd Series
Effective Date: 05-15-09
Subdivision 5. Notice
No repeat nuisance service call fee may be imposed upon an owner or occupant of
property without first serving on such owner or occupant written notice of the
earlier nuisance service calls prior to the latest nuisance service call upon which the
fee is imposed. The written notice shall:
A. State the nuisance conduct, activity or condition that is or has occurred or is
maintained or permitted on the property, the dates of the nuisance conduct,
activity or condition;
Source: Ordinance No. 290, 2nd Series
Effective Date: 12-12-03
B. State that the owner or occupant may be subject to a repeat nuisance call
service fee if a third nuisance call is rendered to the property for a nuisance,
in addition to the City's right to seek other legal remedies or actions for
abatement of the nuisance or compliance with the law, and
Source: Ordinance No. 417, 2nd Series
Effective Date: 05-15-09
C. Be served personally or by certified U.S. Mail upon the owner or occupant at
the last known address.
Subdivision 6. Right to Appeal Repeat Nuisance Service Call Fee
Upon the imposition of a repeat nuisance service call fee, the City shall inform the
owner or occupant of his/her right to a hearing on the alleged repeat nuisance
service calls. The owner or occupant upon whom the fee is imposed may request a
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hearing by serving upon the City Clerk within five (5) business days of the mailing
of the fee invoice, inclusive of the day the invoice is mailed, a written request for
hearing. The hearing shall be heard by the City Council within thirty (30) days of
the date of the owner or occupant's request for hearing.
The hearing shall be conducted in an informal manner and the Minnesota Rules of
Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need
not be transcribed, but may be transcribed at the sole expense of the party who
requests the transcription. After considering all evidence submitted, the City Council
shall make written findings of fact and conclusions on the issue of whether the City
responded to or rendered services for repeat nuisance service calls of the same or
similar kind on three (3) or more occasions within a three hundred sixty five (365)
day period. The findings and conclusions shall be served upon the owner or
occupant by U.S. Mail within twenty (20) days of the hearing.
An owner or occupant's right to a hearing shall be deemed waived if the owner or
occupant fails to serve a written request for hearing as required herein or fails to
appear at the scheduled hearing date. Upon waiver of the right to hearing, or upon
the City Council's written findings of fact and conclusions that the repeat nuisance
call service fee is warranted hereunder, the owner or occupant shall immediately
pay the fee imposed.
Subdivision 7. Legal Remedies Nonexclusive
Nothing in this Section shall be construed to limit the City's other available legal
remedies for any violation of the law which may constitute a nuisance service call
hereunder, including criminal, civil, injunctive or others.
Source: Ordinance No. 290, 2nd Series
Effective Date: 12-12-03
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