00-1172��bs�;��.fi ��,- � ar. 3 ao�`
�RDINANGE
CITY OF SA�NT PAUL, MINNESOTA
Presented
Referred To
Council File # ��,
Green Sheet # 1005�os
���NaE� v�Rs,o,�
1- 3-O!
a�
Committee Date
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An ordinance to provide for the assessment and col(ection of fees for
excessive police and nuisance enforcement services.
TF� COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section I
Chapter 267 of the Saint Paul Legialative Code is hereby amended to read as follows:
Chapter 26Z User Charge for Excessive Consumption of Police Services.
Sec. 267.01. Purposes.
It is the intent of the city council by the adoption of this chapter to impose on and collect from the owner of
aproperty the citv cost for police and law enforcement services which are
over and above
the cost of providing normal law enforcement services and police protection city-wide, if the said excess costs aze
spent to abate a nuisance which has occurred or is maintained and nermitted on the nropertv. 'The collection of the
costs for such excess oolice services shall be bv assessment against the prouertv on which the nuisance or activitv
constituting the nuisance occurs pursuant to the authoritv in section 14 O1 2 of the cit�harter empowering the
council to abate nuisances and collect the costs of such abatement bv soecial assessment Nothing herein shall
prevent the citv from usin2 the aufhoritv and procedures in arrv other �ovision of the charter city ordinance or
statute, including but not limited to Mdnnesota Statutes Section 429 IIl as allowed bv Section 14 P2 ofthe Saint
Paul Charter.
14 5ec. 267.02. Definitions.
20 For the purpose of this chapter, the terms defined in ihis section shall have the meanings ascribed to them:
? 1 Buildinr. "Buildin�° means a siructure suitable for human shelter a commercial structure that is maintained
!2 for business activities that involve human occupatian anv portion of the structure or the real propertv on which the
:3 structure is located.
Excessive police and nuisance enforcement services. Excessive police and nuisance enforcement services
means those services provided at a snecific prouertv address a8er four or more calls for service for seoarate nuisance
events had occurred in a nrior one-month rime period where the owner was narified in writine that subsequent hi�h
levels of volice and nuisance calls for service would result in a fee being char�ed for excessive consumption of those
services. and where the owner has been orovided with 30 days followinQ notice to abate the nuisance generatine the
high levels of calls for service.
fiiiiiT�[ti►'
�t 2 9 �pl
oo-��� �.
1 Interested Qartu "Interested party" means anv known lessee or tenant of a building or affected portion of a
2 buildina; anv known aeent of an owner lessee or tenant• an� known person holdinE an unrecorded contract for
3 deed beinp a mortgaQee or vendee in phvsical possession of the buildin�• or any other uerson who maintains or
4 permits a nuisance and is known to the citv.
5 Last known address shall be the address shown on the records of the Ramsey County Department of
6 Property TaYation ot a more recent address known to the golice department. In the case of parties not listed in these
7 records, the last known address shall be that address obtained by the police department a$er a reasonable seazch. If
8 no address can be found such address shall be that of the buildinQ in which the nuisance occurred or was
9 maintained or permitted.
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12 Nuisance.
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13 sa€et�-an&�+e}fare; "Nuisance" means a€ one or more of the foilowing behavioral incidents occurrin¢ or committed
14 within a buildine:
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16 (11 prostitution or prostitution-related activitv committed within the buildine•
17 (2) samblin¢ or aamblinF-related activity committed within the buildine•
18 (3) maintainina a nublic nuisance in violation of Minnesota Statutes Section 609 74 clause f I) ar(3T
19 �41 permitting a oublic nuisance in violation of Minnesota Statutes Section 604 745•
20 (5) unlawful sale. nossession stora$e delivety �iving manufacture cultivation or use of controlled
21 substances committed within the buildins;
22 (6) unlicensed sales of alcoholic beverages committed within the buildino in violation of Minnesota
23 Statutes. Section 340A.401:
24 (71 unlawful sales or eifts of alcoholic beverages by an unlicensed person committed within the buildin2 in
25 violation of Minnesota Statutes. Secfion 340A.503. subdivision 2 clause (1) or unlawful consumption or
26 possession within the buildine by persons under the aEe of 21 veazs in violation of Minnesota StatuYe
27 Section 340A.503. subdivisions 1 and 3�
?8 (8) unlawful use or nossession of a fireatm in violation of Minnesota Statutes Section b09 6b subdivision
'.9 la 609.67, or 624J13. committed within the buildiney
0 (9) violation bv a commercial entemrise of local or state business licensine regulations ordinances or
1 statutes orohibitin� the maintenance of a oublic nuisance as defined in Minnesota Statutes Secfion 609 74
? or the control of a public nwsance as defined in Minnesota Statutes Section 609 745•
(10) actions which {aea}�-constitute a violation of Minnesota Statutes Section 609.72 relatine Yo disorderlv
conduct , �
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(i ll actions which weu}�constitute a violation of Chapter 243 of the LeQislative Code relatine to noise
resutations.
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4 (121 actions which constitute a public nuisance under local, state, or federai laws.
5 Owner: "Owner" means the person or oersons in whase name or names the building is recorded with the
6 Ramsev Countv Department of Pronertv Taxation for taeation nurposes.
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S Personal serviee.• Service by personally handing a copy tu the intended recipient or by leaving a copy at the
9 intended recipient's residence or place of business with a person of suitable age and discretion.
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23 Sec. 267.03. Notice of nuisance ,
24 (al If the chief of police or his or her desi�Znee has reason to believe that a nuisance has occurred or is
25 maintained or permirted in a building or on a property and intends to seek reimbursement for police services
26 rendered in the fi�ture in connection with such nuisance or activities ereating a nuisance he or she shall nrovide a
27 written notice as required in this secfion to the ocvner and each interested party known to him or her
28 (b1 The written notice shall:
29 (11 state that a nuisance as defined in this chapter has occurred or is maintained or nermitted in the
30 buildine, and specifv the kind ot kinds of nuisance which has occurred or is beine maintained or permitted�
1 (2) summarize the evidence that a nuisance has occurred. or is maintained or�ennitted in the
2 buildin�, includin� the date or dates on which nuisance-re]ated activities have occurred or w�ere maintained
3 or permitted provided. however that one or more oolice reports can be used to satisfv this requirement and
F f3) inform the rec�ient of the notice that f�he or she has thirty (3oJ si�q{60� days to abate the
conduct constitu[in� the nuisance, and to take steps to make sbre that acYions consfituting a nuisance wil] not
te-occur, tii) if, after thirtv (3�) si�tv-F683 davs from the date of service of the nouce. the nuisance re-occurs
or actions or conduct constitutin¢ a nuisance takeplace the citv may in its discretion impose the costs of
police services in abatine or attempting to abate such nuisance or nuisance-re]ated activities and (iii) the
costs will be collected bv assessment asainst the buildin¢ as defined.
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1 (c}'['he written notice shall be served bv personal service or bv first class mail
2 _' :`_ a on the owner and all interested narties known to the chief or his or her desienee az the last known address
3 for each such nerson or persons.
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9 Sec. 267.04. Subsequent nuisance or nuisance-related activitv �akee-respeases; liability.
10 (a) If, within the Deriod commencinE thirty-one (31) si�-anef6�3 days after a written notice is served
11 pursuant to this chapter and continuina for one year thereafter a nuisance occurs or is maintained orpermitted in the
12 buildin�, and police services are rendered to abate or attempt to abate such nuisance the costs of ptovidine such
13 police services within the said one vear tlrer�nfte�-shall be assesseci a¢ainst the building and collected asprovided in
14 this chaoter.
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18 (b) The costs for�rovidine excess police services shall include but not be limited to the gross salaries
19 includine all frin�es and benefits which aze vaid bv the city of nolice officers while re�onding to or dealins with
20 the nuisance or nuisance-related activities theprorata cost of all equinment including vehicles the prorata cost of
21 police do�s assistina the officers the cost of repairs to anv city equipment and propertv damaeed in responding to
22 such nuisance or nuisance-related activiUes. and the cost of anv medical treatment of injwed police officers �He
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24 (c) The city reserves its rights to seek reimbursement for costs and damages not recovered bv assessment
25 aeainst the building , . through other legal remedies or procedures.
26 (d) Nothine in this ordinance shall be constcued to require or nrevent
27 ' the arrest andlor citation of any peison or persons for violations of federal state or
28 local laws or ordinances.
29 Sec. 267.05. Cost of potice services; annual assessment procedures eeHeeHee.
30 �a? The department ofpolice shall maintain a record of the costs per police visit in resoonse to nuisance
i 1 activifies. The cost of orovidin� such services is determined bv the qross salaries including all frinses and beneSYs
'�2 which aze paid bv the citv for law enforcement staff while resnonding to or dealins with these nuisance activities
3 theprorata cost of all materials and equipment includine vehicles the cost of repairs to anv citv equipment and
4 provertv damaged in respondina to such nuisance activities and the cost of anv medical treatment of anv injured law
5 enforcement officers. These costs shall be recalculated from time to time In addition to maintaining a record of the
i costs_per volice visit. the Department shall maintain a record on individual pronerties of the cost of police services
' ariributable to nuisances occurrinQ after written notice has been sent to the owner and interested persons The
Department of Police shall report such information to the diractor of financial services-or his or her desienee
f b) Resolution aparoving total, settin date of public hearine On or before October i of each vear the
director of financial services or his ar her desienee shall notifv the citv council of the total cost of such excessive
police services performed during the previous vear and the portion of such costs to be assessed against each lot and
parcel of propertv `--_�.._ , �__ _. _,_ ___.: __ �at utilized excessive police services in response to nuisance
activitv. Unon receipi thereof, the council shall bv resolution '°`--`-- "-- --°-•�-� -`•'-- -�-' ---• °-'-
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2 ___ �__.__ ._ t_ _____._, __� .�_,� fix a date for �ublic hearin� at which time the council shall consider
3 adoptin� and lewin� the service charges The date of oublic hearinE shall be at least 1wenN (20) davs �- -"'��3
4 after adootion of said resolution.
5 (c) Notice ofcouncil hearine Followine the adootion of the resolution nrovided in naza�raph (a) above the
6 director of financial services shall oublish a notice of the hearine °`u�;e�;�ee in a dailv newsQaper of the citv�ke
7 at least five (5) davs prior to the nublic hearin¢. The notice sktall state the date. time and
8 place of hearine the nuroose of the hearine identifv the services provided and the nrovertv to be assessed a service
9 chazge therefor, and shall state the pr000sed rates of service charges to be considered by the council.
10 �d) Notice to owner and interested narties. At Zeast ten (10) davs before the hearing notice thereof shall be
11 mailed bv fzrst class mail to the owner and anv interested partv krtown to the citv at his or her last known address.
12 Such notice shall also inform the reciDient of the notice (i) o the procedures he or she must Follow under the charter
13 in order to appeal the assessments to the district court. and (ii) of'the Drovisions ofMinnesota Statutes Sections
14 435.193 to 435.195 and the eristence ofanv deferment procedure established pursuant thereto
15 (e) (� Public hearing• adoption of'nssessment roll. On the date of vublic hearin� the council shall meet to
16 consider the ado�tion of the nroposed service chazees The council shall hear all interested parties concernine the
17 or000sed chazees. At such meetin¢ or at anv adjoumment thereof the council may amend the �rovosed service
18 charQes, and shall, bv resolution, adoot the service charges as a snecial assessment aeainst the nropeRies deerr�e�
19 L___r.._., ti_ .t ____ :__ µ utilized excessive nolice services in resuonse to nuisance activities Special
20 assessments levied hereunder shall be pavable in a sinale installment.
21 jjZ� Certification to countv !or cottection with taxes. After adovtion bv resolution of the service charees
22 and assessment rates therefor and no later than November 15 the ciN clerk shall ttansmit a certified �ieate copy
23 of said resolution tHeree€ to the Ramsev Countv Department of Pronertv Tauation to be extended on the nroner taY
24 list of the countv and co]lected ihe followin�veaz alon¢ with current taaces.
25 (g) f€? Appeal. Within twentv (20) davs after adoption of the resolution adoDtine the service charQes
26 assesss�e�rei} anv verson agmieved mav appeal to the district court in the manner set forth in Chapter 14 of the
27 Citv Charter.
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Requested by Depariment o£
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F Approved by ity A �
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Approved by Mayor for Submission to Council
BY: � � . 1--� � _ _ By �
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Approve Mayor: Date � 2 9�o�
BY: ���.�`1 i'�-'�.x���� ��S J ��
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Adopted by Councii: Date �O
Adoption Certified by Council S etary
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DO -1t7�—
GREEN SHEET
Councilmember Kathy Lanhy 6-867Q
12113l00
TOTAL � OF SIGNATIfRE PAGES
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No �'����
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❑ CIYATOq�Y �! ❑ CfYCY1tlI �_
❑nwwr�tf�ccsae ❑nw�o�taomucro
�M'fGRI�AtOUMp ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Approval of revisions to Chagter 267 of the Saint Pau1 Legislative Code concerning user chazges for excessive consumprion of police
services.
PUINNING COMMISSION
CIB COMMIT'TEE
CNII SERVICE COMMISSION
tbs mia peraoNfirm arerwqked uMe. a cori4aatumie Eea�m9
ves r�o
tmsMk oewoMirm eva bean a dH amcbYee?
YES NO '
Dces this PersoMfim Oaseas a elall not nortrceJlyp�gessetl by anY wrreM citY emWoYee4
YE3 W6
kUUS pIXeonffinn a tarqeted vdMaYt
YES NO
The Saint Paul Police Department was not collecting fees for from properry owners who had a lazge number of police calls for criminal
nuisance acrivity. The revisions to the Ordinance wIll allow the SaintPaul Police Depazlmentto assess property owners for those chazges.
'OTAL AMOUNT OF SRANSACTION S
UNDINQ SOURCE
knr�cva x��a�ww cowut�
COSTIREVENUEBYD6ETEC(CIRCLEONcn
ACTIVT'NUI118ER
'�'
� �$&�9�TGi` i.�ii?�&
�+ � Ei � � LQ�
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po _ �1'1r
�`' GITY OF SAINT PAUL
��� OF�'ICE OF THE CITY COLTI�TCIL
:
KATHY LANTRY
Counalmember
January 3, 2001
TO: Council President Dan Bostrom
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Pat Harris
Councilmember Jay Benanav
Councilmember Jim Reiter
FROM: Councilmember Kathy Lantry�l
RE: Today's Agenda Item #28 (CF#00-1172) for Public Hearing: Technical Amendments to
Ordinance Changing Collection Pmcedures for Excess Consumption of Police Services
I am introducing the following technical amendments to this ordinance:
� Page 2, Line 13 of the current draft corrects a typographicai error.
o Page 2, line 33 of the current draft corrects a grammatical error.
� Page 2, line 37 of the current draft corrects a grammatical error.
� Page 3, line 3 of the current draft clarifies the definition of nuisance to include any public nuisance as
defined by local, state or federal law.
� Page 3, line 30 corrects a typographical error.
� Page 4, line 18 clarifies the types of costs to be included in the assessment for excessive services.
� Page 4, line 38 and lines 40-42 amends the ordinance to allow the director of financial services to
designate the assessmettt reporting responsibilities to staff members.
� Page 5, line 18, clarifies what propefties will proceed through the special assessment collection
process.
� Page S, lines 20-22 ciarify how the assessment rates are forwarded to the Ramsey County Tasation
Department.
I believe these chaages do not affect the substance of the version you have had under your consideration
for the previous readings.
CITY HALL SUITE 320C SAINT pAUL, MdNNFSOTA 55102-1615 612/266-8670
s ae
" Printed on Recyded Paper
OR1Gf�UAL
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented b}
Referred To
Council File # on _ t��7a.
Green Sheet # 1 b0 545
Committee Date
1 An ordinance to provide for the assessment and coll
2 exces"sive police and nuisance enforcement
3 T'f� COUNCIL OF THE CITY OP SAINT PAUL DOES ORDAIN: .+�
A!
F
Section 1
Chapter 267 of the Saint Pau1 Legislative Code is
fees for
to read as follows:
6 Chapter 267. User Charge for Excessive Consumption
7 Sec. 267.01. Purposes.
8 It is the intent of the city council by the adopf�n
9 aproperty the city cost far police and law enfr
10
ll the cost of providing normal law enforcement
12 spent to abate a nuisance which has occurred,
13 costs for such axcess olice setvices shall be
14 constitutin the nuisance occurs �ursuant
I S council to abate nuisances and collect the ost
16 revent the ci om usin the authori d
17 statute includin but not limited to Mi esotc
18 Paul Charter.
19 5ec. 267.02. Definitions.
20 For the purpose
21 Building "f
22 for business activiti
23 structure is located.
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Services.
of this chapter to impose on and collect from the owner of
over and above
and police protection city-wide, if the said excess costs aze
ntained and nermitted, on the nropertv The collection of the
the terms defined in this section shall have the meanings ascribed to them:
Excessive poli,�e and nuisance enforcement services. Excessive police and nuisance enforcemettt services
1
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1 Interested partv. °Interested partv" means anv lmown lessee or tenant of a building or affected portion of a
2 buildine: anKknown aeent of an owner. lessee. or tenant: anv laiown person holding an unrecorded contract for
3 deed, beine a mortgagee or vendee in phvsical possession of the buildine: or any other person who maintains or
4 permits a nuisance and is known to the citv.
5 Last known address shall be the address shown on the records of the Ramsey County Department of
6 Properry TaYation or a more recent address Imown to the police department. In the case of parties not listed in these
7 records, the Iast knawn address shall be that address obtained by the police department after a reasonable seazch. If
8 no address can be found, such address shall be that of the buildine in which the nuisance occurred. or was
9 maintained or�ermitted.
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�,.E��.�.,..�.R,s.F.f�.�.� ...�...��.,�.,��.�.�..�.��..�..,..�..f��.,�
Srunri:lU�ulv�o�tus•�ueainc�n��u�n�a��»v��w�n�vnmse-r.nour•nuu�n��•av�n���ww�oiun�a�N��w1.r.�niai�niur' V
:� . . s. . ... .. .:
� � t t�l�l�l•�[��'��l(�l1L�R�������i�l�t�iw��llH\• :�� � • � � •
ao .t�1 }.
3 Owner: "Owner" means the person orpersons in whose name or names the buiiding is recorded with the
4 Ramsey County Depathnent of Pro�er[v Tasation for taxauon purposes.
5 .
6 Personal service: Service by personally handing a copy to the intended recipient or by leaving a copy at the
7 intended tecipienYs residence or place of business with a person of suitable aae and discrerion.
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.. ., :� � ... :�. ... .,. .. �� ... .
�: �. .� -.�.. � .�. .. ... .� . .. ��: . .:
4 Sec. 267.04. Subsequent nuisance or nuisance-related aeHvitv js�}iee-respoases; liability.
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(a) If, within the period commencin� thirtv-one (31) si�cl�aaefG�j da�s after a
pursuant to this chapter and continuin f� or one vear thereafter, a nuisance occurs or is n
this chapter.
. �
(b)
(c) The aity reserves its rights to seek
against the building
(d) Nothine in this ordinance shall
' the arrest
local laws or ordinances.
Sec. 267.05. Cost of nolice services;
notice is served
��1����1 ll�����f�llliysi�l�l�
for costs and damages not recovered bv assessment
�8j through other legal remedies or procedures.
k�'ued to rec�uire or�revent
citafion of any_person or �ersons for violations of federal, state or
cofieetioa.
"- - - - - ` - ' ` - ` ' - ---'---' --' ''-'" fix a date forpublic heazin� at which time the council shall consider
for each such person or versons.
1
2
.. N l t "eJ ! � t v,
after adoption of said resolution.
oa -t���-
3 (c) Notice cfcozmcil hearine. Followin� the adoption of the resolurion provided inpazagraph (a) above, the
4 duector of fmancial services shall publish a notice of the hearing -`_�*T in a dailv newspaper of the citv;tke
5 at least five (51 days prior to the public hearinE. The notice shall state the date. time and
6 place of heazing. the purpose of the hearin�, identify the services provided and the properlv to be assessed a service
7 chazge therefor. and shall state the proposed rates of service chazges to be considered bv the council.
8 (d} Notdce to owner and interested�arties. At teast ten (10) davs before the hecaring, notice thereo s�f ha11 be
9 mailed b�rst class mail to the owner and anv interested pmtv known to the city, at his or her Zast known address.
10 Such notice shall also inform the recipient of the notice (� ofthe Drocedures he or she must follow under the chcrrter
i 1 an order to appeal the assessments to the district court, and (ii> of theprovisions of Minnesota Statutes. Sections
12 435.193 to 435.195 and the existence o anv deferment procedure established nursuant thereto. �
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the followin� vear along with current taxes.
Citv Charter.
,...,..:.,.s�,�.-..R:��.n.�
ru��t i � :� � . Ji -
00 -u'1 �--
ORIGlNAL
Benanav
Bostrom
Coleman
Harris
Lantry
Reiter
Adopted by CouncIl: Date
Adoprion Certified by Coun
By:
Approved by Mayor: Date
By:
Secretary
Requested by Departtnent oE
�
Foim pcal e City Attorney
BS'� /�f . r /� � I
Approved by Mayor for Submission to Council
!e3'�
��bs�;��.fi ��,- � ar. 3 ao�`
�RDINANGE
CITY OF SA�NT PAUL, MINNESOTA
Presented
Referred To
Council File # ��,
Green Sheet # 1005�os
���NaE� v�Rs,o,�
1- 3-O!
a�
Committee Date
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An ordinance to provide for the assessment and col(ection of fees for
excessive police and nuisance enforcement services.
TF� COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section I
Chapter 267 of the Saint Paul Legialative Code is hereby amended to read as follows:
Chapter 26Z User Charge for Excessive Consumption of Police Services.
Sec. 267.01. Purposes.
It is the intent of the city council by the adoption of this chapter to impose on and collect from the owner of
aproperty the citv cost for police and law enforcement services which are
over and above
the cost of providing normal law enforcement services and police protection city-wide, if the said excess costs aze
spent to abate a nuisance which has occurred or is maintained and nermitted on the nropertv. 'The collection of the
costs for such excess oolice services shall be bv assessment against the prouertv on which the nuisance or activitv
constituting the nuisance occurs pursuant to the authoritv in section 14 O1 2 of the cit�harter empowering the
council to abate nuisances and collect the costs of such abatement bv soecial assessment Nothing herein shall
prevent the citv from usin2 the aufhoritv and procedures in arrv other �ovision of the charter city ordinance or
statute, including but not limited to Mdnnesota Statutes Section 429 IIl as allowed bv Section 14 P2 ofthe Saint
Paul Charter.
14 5ec. 267.02. Definitions.
20 For the purpose of this chapter, the terms defined in ihis section shall have the meanings ascribed to them:
? 1 Buildinr. "Buildin�° means a siructure suitable for human shelter a commercial structure that is maintained
!2 for business activities that involve human occupatian anv portion of the structure or the real propertv on which the
:3 structure is located.
Excessive police and nuisance enforcement services. Excessive police and nuisance enforcement services
means those services provided at a snecific prouertv address a8er four or more calls for service for seoarate nuisance
events had occurred in a nrior one-month rime period where the owner was narified in writine that subsequent hi�h
levels of volice and nuisance calls for service would result in a fee being char�ed for excessive consumption of those
services. and where the owner has been orovided with 30 days followinQ notice to abate the nuisance generatine the
high levels of calls for service.
fiiiiiT�[ti►'
�t 2 9 �pl
oo-��� �.
1 Interested Qartu "Interested party" means anv known lessee or tenant of a building or affected portion of a
2 buildina; anv known aeent of an owner lessee or tenant• an� known person holdinE an unrecorded contract for
3 deed beinp a mortgaQee or vendee in phvsical possession of the buildin�• or any other uerson who maintains or
4 permits a nuisance and is known to the citv.
5 Last known address shall be the address shown on the records of the Ramsey County Department of
6 Property TaYation ot a more recent address known to the golice department. In the case of parties not listed in these
7 records, the last known address shall be that address obtained by the police department a$er a reasonable seazch. If
8 no address can be found such address shall be that of the buildinQ in which the nuisance occurred or was
9 maintained or permitted.
10 ,
11
12 Nuisance.
. >
13 sa€et�-an&�+e}fare; "Nuisance" means a€ one or more of the foilowing behavioral incidents occurrin¢ or committed
14 within a buildine:
15
16 (11 prostitution or prostitution-related activitv committed within the buildine•
17 (2) samblin¢ or aamblinF-related activity committed within the buildine•
18 (3) maintainina a nublic nuisance in violation of Minnesota Statutes Section 609 74 clause f I) ar(3T
19 �41 permitting a oublic nuisance in violation of Minnesota Statutes Section 604 745•
20 (5) unlawful sale. nossession stora$e delivety �iving manufacture cultivation or use of controlled
21 substances committed within the buildins;
22 (6) unlicensed sales of alcoholic beverages committed within the buildino in violation of Minnesota
23 Statutes. Section 340A.401:
24 (71 unlawful sales or eifts of alcoholic beverages by an unlicensed person committed within the buildin2 in
25 violation of Minnesota Statutes. Secfion 340A.503. subdivision 2 clause (1) or unlawful consumption or
26 possession within the buildine by persons under the aEe of 21 veazs in violation of Minnesota StatuYe
27 Section 340A.503. subdivisions 1 and 3�
?8 (8) unlawful use or nossession of a fireatm in violation of Minnesota Statutes Section b09 6b subdivision
'.9 la 609.67, or 624J13. committed within the buildiney
0 (9) violation bv a commercial entemrise of local or state business licensine regulations ordinances or
1 statutes orohibitin� the maintenance of a oublic nuisance as defined in Minnesota Statutes Secfion 609 74
? or the control of a public nwsance as defined in Minnesota Statutes Section 609 745•
(10) actions which {aea}�-constitute a violation of Minnesota Statutes Section 609.72 relatine Yo disorderlv
conduct , �
,
��
(i ll actions which weu}�constitute a violation of Chapter 243 of the LeQislative Code relatine to noise
resutations.
2
b o -��'� b�
1
2 , ,
3 , , .
4 (121 actions which constitute a public nuisance under local, state, or federai laws.
5 Owner: "Owner" means the person or oersons in whase name or names the building is recorded with the
6 Ramsev Countv Department of Pronertv Taxation for taeation nurposes.
7
S Personal serviee.• Service by personally handing a copy tu the intended recipient or by leaving a copy at the
9 intended recipient's residence or place of business with a person of suitable age and discretion.
10
11 . .
12 , . ,
13 , ,
14 , ,
15
16 " ' , .
17 ' > .
18
19
20 ,
21
22
23 Sec. 267.03. Notice of nuisance ,
24 (al If the chief of police or his or her desi�Znee has reason to believe that a nuisance has occurred or is
25 maintained or permirted in a building or on a property and intends to seek reimbursement for police services
26 rendered in the fi�ture in connection with such nuisance or activities ereating a nuisance he or she shall nrovide a
27 written notice as required in this secfion to the ocvner and each interested party known to him or her
28 (b1 The written notice shall:
29 (11 state that a nuisance as defined in this chapter has occurred or is maintained or nermitted in the
30 buildine, and specifv the kind ot kinds of nuisance which has occurred or is beine maintained or permitted�
1 (2) summarize the evidence that a nuisance has occurred. or is maintained or�ennitted in the
2 buildin�, includin� the date or dates on which nuisance-re]ated activities have occurred or w�ere maintained
3 or permitted provided. however that one or more oolice reports can be used to satisfv this requirement and
F f3) inform the rec�ient of the notice that f�he or she has thirty (3oJ si�q{60� days to abate the
conduct constitu[in� the nuisance, and to take steps to make sbre that acYions consfituting a nuisance wil] not
te-occur, tii) if, after thirtv (3�) si�tv-F683 davs from the date of service of the nouce. the nuisance re-occurs
or actions or conduct constitutin¢ a nuisance takeplace the citv may in its discretion impose the costs of
police services in abatine or attempting to abate such nuisance or nuisance-re]ated activities and (iii) the
costs will be collected bv assessment asainst the buildin¢ as defined.
Do — t�7 �
1 (c}'['he written notice shall be served bv personal service or bv first class mail
2 _' :`_ a on the owner and all interested narties known to the chief or his or her desienee az the last known address
3 for each such nerson or persons.
.. . - -
- - - - - -' - - - - - - - -- - -
. - - - - - - - -- - - -
- - - �.R
9 Sec. 267.04. Subsequent nuisance or nuisance-related activitv �akee-respeases; liability.
10 (a) If, within the Deriod commencinE thirty-one (31) si�-anef6�3 days after a written notice is served
11 pursuant to this chapter and continuina for one year thereafter a nuisance occurs or is maintained orpermitted in the
12 buildin�, and police services are rendered to abate or attempt to abate such nuisance the costs of ptovidine such
13 police services within the said one vear tlrer�nfte�-shall be assesseci a¢ainst the building and collected asprovided in
14 this chaoter.
15
16
17 .
18 (b) The costs for�rovidine excess police services shall include but not be limited to the gross salaries
19 includine all frin�es and benefits which aze vaid bv the city of nolice officers while re�onding to or dealins with
20 the nuisance or nuisance-related activities theprorata cost of all equinment including vehicles the prorata cost of
21 police do�s assistina the officers the cost of repairs to anv city equipment and propertv damaeed in responding to
22 such nuisance or nuisance-related activiUes. and the cost of anv medical treatment of injwed police officers �He
23
24 (c) The city reserves its rights to seek reimbursement for costs and damages not recovered bv assessment
25 aeainst the building , . through other legal remedies or procedures.
26 (d) Nothine in this ordinance shall be constcued to require or nrevent
27 ' the arrest andlor citation of any peison or persons for violations of federal state or
28 local laws or ordinances.
29 Sec. 267.05. Cost of potice services; annual assessment procedures eeHeeHee.
30 �a? The department ofpolice shall maintain a record of the costs per police visit in resoonse to nuisance
i 1 activifies. The cost of orovidin� such services is determined bv the qross salaries including all frinses and beneSYs
'�2 which aze paid bv the citv for law enforcement staff while resnonding to or dealins with these nuisance activities
3 theprorata cost of all materials and equipment includine vehicles the cost of repairs to anv citv equipment and
4 provertv damaged in respondina to such nuisance activities and the cost of anv medical treatment of anv injured law
5 enforcement officers. These costs shall be recalculated from time to time In addition to maintaining a record of the
i costs_per volice visit. the Department shall maintain a record on individual pronerties of the cost of police services
' ariributable to nuisances occurrinQ after written notice has been sent to the owner and interested persons The
Department of Police shall report such information to the diractor of financial services-or his or her desienee
f b) Resolution aparoving total, settin date of public hearine On or before October i of each vear the
director of financial services or his ar her desienee shall notifv the citv council of the total cost of such excessive
police services performed during the previous vear and the portion of such costs to be assessed against each lot and
parcel of propertv `--_�.._ , �__ _. _,_ ___.: __ �at utilized excessive police services in response to nuisance
activitv. Unon receipi thereof, the council shall bv resolution '°`--`-- "-- --°-•�-� -`•'-- -�-' ---• °-'-
0
QO-117�.-
1
2 ___ �__.__ ._ t_ _____._, __� .�_,� fix a date for �ublic hearin� at which time the council shall consider
3 adoptin� and lewin� the service charges The date of oublic hearinE shall be at least 1wenN (20) davs �- -"'��3
4 after adootion of said resolution.
5 (c) Notice ofcouncil hearine Followine the adootion of the resolution nrovided in naza�raph (a) above the
6 director of financial services shall oublish a notice of the hearine °`u�;e�;�ee in a dailv newsQaper of the citv�ke
7 at least five (5) davs prior to the nublic hearin¢. The notice sktall state the date. time and
8 place of hearine the nuroose of the hearine identifv the services provided and the nrovertv to be assessed a service
9 chazge therefor, and shall state the pr000sed rates of service charges to be considered by the council.
10 �d) Notice to owner and interested narties. At Zeast ten (10) davs before the hearing notice thereof shall be
11 mailed bv fzrst class mail to the owner and anv interested partv krtown to the citv at his or her last known address.
12 Such notice shall also inform the reciDient of the notice (i) o the procedures he or she must Follow under the charter
13 in order to appeal the assessments to the district court. and (ii) of'the Drovisions ofMinnesota Statutes Sections
14 435.193 to 435.195 and the eristence ofanv deferment procedure established pursuant thereto
15 (e) (� Public hearing• adoption of'nssessment roll. On the date of vublic hearin� the council shall meet to
16 consider the ado�tion of the nroposed service chazees The council shall hear all interested parties concernine the
17 or000sed chazees. At such meetin¢ or at anv adjoumment thereof the council may amend the �rovosed service
18 charQes, and shall, bv resolution, adoot the service charges as a snecial assessment aeainst the nropeRies deerr�e�
19 L___r.._., ti_ .t ____ :__ µ utilized excessive nolice services in resuonse to nuisance activities Special
20 assessments levied hereunder shall be pavable in a sinale installment.
21 jjZ� Certification to countv !or cottection with taxes. After adovtion bv resolution of the service charees
22 and assessment rates therefor and no later than November 15 the ciN clerk shall ttansmit a certified �ieate copy
23 of said resolution tHeree€ to the Ramsev Countv Department of Pronertv Tauation to be extended on the nroner taY
24 list of the countv and co]lected ihe followin�veaz alon¢ with current taaces.
25 (g) f€? Appeal. Within twentv (20) davs after adoption of the resolution adoDtine the service charQes
26 assesss�e�rei} anv verson agmieved mav appeal to the district court in the manner set forth in Chapter 14 of the
27 Citv Charter.
Y_ _ _ _ _ __ _ _ _ _ _ _ _ _
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I. . 1 _ . . .. . . .. � . . . _ ..
• !J •
" _ - :y i:.:..: " _ "__ _" _ __ _ _ _ - _ _ _
� �L/LJ� ` ii��/aR ��qi.'i��.t��i�}��Y -
_ _ _ _ _ _ _ _ _ _ _ _ i j�<o��ii i _Fy:ifyl�k - _ - : �Li� � _ - _ - - "
: '�i��ii �C��i ie�nfri��� �
1
� � wliiiw - :fJi
00 _1�7a-
Requested by Depariment o£
�
F Approved by ity A �
//
Y: �-.
Approved by Mayor for Submission to Council
BY: � � . 1--� � _ _ By �
�� ���5��
Approve Mayor: Date � 2 9�o�
BY: ���.�`1 i'�-'�.x���� ��S J ��
� '
Adopted by Councii: Date �O
Adoption Certified by Council S etary
�i
DO -1t7�—
GREEN SHEET
Councilmember Kathy Lanhy 6-867Q
12113l00
TOTAL � OF SIGNATIfRE PAGES
�— .. -�-
No �'����
u���« rr// �� ))(A' u��-
❑ CIYATOq�Y �! ❑ CfYCY1tlI �_
❑nwwr�tf�ccsae ❑nw�o�taomucro
�M'fGRI�AtOUMp ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Approval of revisions to Chagter 267 of the Saint Pau1 Legislative Code concerning user chazges for excessive consumprion of police
services.
PUINNING COMMISSION
CIB COMMIT'TEE
CNII SERVICE COMMISSION
tbs mia peraoNfirm arerwqked uMe. a cori4aatumie Eea�m9
ves r�o
tmsMk oewoMirm eva bean a dH amcbYee?
YES NO '
Dces this PersoMfim Oaseas a elall not nortrceJlyp�gessetl by anY wrreM citY emWoYee4
YE3 W6
kUUS pIXeonffinn a tarqeted vdMaYt
YES NO
The Saint Paul Police Department was not collecting fees for from properry owners who had a lazge number of police calls for criminal
nuisance acrivity. The revisions to the Ordinance wIll allow the SaintPaul Police Depazlmentto assess property owners for those chazges.
'OTAL AMOUNT OF SRANSACTION S
UNDINQ SOURCE
knr�cva x��a�ww cowut�
COSTIREVENUEBYD6ETEC(CIRCLEONcn
ACTIVT'NUI118ER
'�'
� �$&�9�TGi` i.�ii?�&
�+ � Ei � � LQ�
d
po _ �1'1r
�`' GITY OF SAINT PAUL
��� OF�'ICE OF THE CITY COLTI�TCIL
:
KATHY LANTRY
Counalmember
January 3, 2001
TO: Council President Dan Bostrom
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Pat Harris
Councilmember Jay Benanav
Councilmember Jim Reiter
FROM: Councilmember Kathy Lantry�l
RE: Today's Agenda Item #28 (CF#00-1172) for Public Hearing: Technical Amendments to
Ordinance Changing Collection Pmcedures for Excess Consumption of Police Services
I am introducing the following technical amendments to this ordinance:
� Page 2, Line 13 of the current draft corrects a typographicai error.
o Page 2, line 33 of the current draft corrects a grammatical error.
� Page 2, line 37 of the current draft corrects a grammatical error.
� Page 3, line 3 of the current draft clarifies the definition of nuisance to include any public nuisance as
defined by local, state or federal law.
� Page 3, line 30 corrects a typographical error.
� Page 4, line 18 clarifies the types of costs to be included in the assessment for excessive services.
� Page 4, line 38 and lines 40-42 amends the ordinance to allow the director of financial services to
designate the assessmettt reporting responsibilities to staff members.
� Page 5, line 18, clarifies what propefties will proceed through the special assessment collection
process.
� Page S, lines 20-22 ciarify how the assessment rates are forwarded to the Ramsey County Tasation
Department.
I believe these chaages do not affect the substance of the version you have had under your consideration
for the previous readings.
CITY HALL SUITE 320C SAINT pAUL, MdNNFSOTA 55102-1615 612/266-8670
s ae
" Printed on Recyded Paper
OR1Gf�UAL
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented b}
Referred To
Council File # on _ t��7a.
Green Sheet # 1 b0 545
Committee Date
1 An ordinance to provide for the assessment and coll
2 exces"sive police and nuisance enforcement
3 T'f� COUNCIL OF THE CITY OP SAINT PAUL DOES ORDAIN: .+�
A!
F
Section 1
Chapter 267 of the Saint Pau1 Legislative Code is
fees for
to read as follows:
6 Chapter 267. User Charge for Excessive Consumption
7 Sec. 267.01. Purposes.
8 It is the intent of the city council by the adopf�n
9 aproperty the city cost far police and law enfr
10
ll the cost of providing normal law enforcement
12 spent to abate a nuisance which has occurred,
13 costs for such axcess olice setvices shall be
14 constitutin the nuisance occurs �ursuant
I S council to abate nuisances and collect the ost
16 revent the ci om usin the authori d
17 statute includin but not limited to Mi esotc
18 Paul Charter.
19 5ec. 267.02. Definitions.
20 For the purpose
21 Building "f
22 for business activiti
23 structure is located.
24
25
26
27
28
29
Services.
of this chapter to impose on and collect from the owner of
over and above
and police protection city-wide, if the said excess costs aze
ntained and nermitted, on the nropertv The collection of the
the terms defined in this section shall have the meanings ascribed to them:
Excessive poli,�e and nuisance enforcement services. Excessive police and nuisance enforcemettt services
1
,m - .. ,— FE�i! :
. ; .. � � �; ; 00 -lt'i !-
.,,� . t +d i d `1 i�'. ..�-
1 Interested partv. °Interested partv" means anv lmown lessee or tenant of a building or affected portion of a
2 buildine: anKknown aeent of an owner. lessee. or tenant: anv laiown person holding an unrecorded contract for
3 deed, beine a mortgagee or vendee in phvsical possession of the buildine: or any other person who maintains or
4 permits a nuisance and is known to the citv.
5 Last known address shall be the address shown on the records of the Ramsey County Department of
6 Properry TaYation or a more recent address Imown to the police department. In the case of parties not listed in these
7 records, the Iast knawn address shall be that address obtained by the police department after a reasonable seazch. If
8 no address can be found, such address shall be that of the buildine in which the nuisance occurred. or was
9 maintained or�ermitted.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2S
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
�,.E��.�.,..�.R,s.F.f�.�.� ...�...��.,�.,��.�.�..�.��..�..,..�..f��.,�
Srunri:lU�ulv�o�tus•�ueainc�n��u�n�a��»v��w�n�vnmse-r.nour•nuu�n��•av�n���ww�oiun�a�N��w1.r.�niai�niur' V
:� . . s. . ... .. .:
� � t t�l�l�l•�[��'��l(�l1L�R�������i�l�t�iw��llH\• :�� � • � � •
ao .t�1 }.
3 Owner: "Owner" means the person orpersons in whose name or names the buiiding is recorded with the
4 Ramsey County Depathnent of Pro�er[v Tasation for taxauon purposes.
5 .
6 Personal service: Service by personally handing a copy to the intended recipient or by leaving a copy at the
7 intended tecipienYs residence or place of business with a person of suitable aae and discrerion.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
�3
•„��-
i
2
3
. ._
. .:� • . .... .. • �. . � .�. .�� �: . .� . . ..
. . , .: ..: . .. ...
.. ., :� � ... :�. ... .,. .. �� ... .
�: �. .� -.�.. � .�. .. ... .� . .. ��: . .:
4 Sec. 267.04. Subsequent nuisance or nuisance-related aeHvitv js�}iee-respoases; liability.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
(a) If, within the period commencin� thirtv-one (31) si�cl�aaefG�j da�s after a
pursuant to this chapter and continuin f� or one vear thereafter, a nuisance occurs or is n
this chapter.
. �
(b)
(c) The aity reserves its rights to seek
against the building
(d) Nothine in this ordinance shall
' the arrest
local laws or ordinances.
Sec. 267.05. Cost of nolice services;
notice is served
��1����1 ll�����f�llliysi�l�l�
for costs and damages not recovered bv assessment
�8j through other legal remedies or procedures.
k�'ued to rec�uire or�revent
citafion of any_person or �ersons for violations of federal, state or
cofieetioa.
"- - - - - ` - ' ` - ` ' - ---'---' --' ''-'" fix a date forpublic heazin� at which time the council shall consider
for each such person or versons.
1
2
.. N l t "eJ ! � t v,
after adoption of said resolution.
oa -t���-
3 (c) Notice cfcozmcil hearine. Followin� the adoption of the resolurion provided inpazagraph (a) above, the
4 duector of fmancial services shall publish a notice of the hearing -`_�*T in a dailv newspaper of the citv;tke
5 at least five (51 days prior to the public hearinE. The notice shall state the date. time and
6 place of heazing. the purpose of the hearin�, identify the services provided and the properlv to be assessed a service
7 chazge therefor. and shall state the proposed rates of service chazges to be considered bv the council.
8 (d} Notdce to owner and interested�arties. At teast ten (10) davs before the hecaring, notice thereo s�f ha11 be
9 mailed b�rst class mail to the owner and anv interested pmtv known to the city, at his or her Zast known address.
10 Such notice shall also inform the recipient of the notice (� ofthe Drocedures he or she must follow under the chcrrter
i 1 an order to appeal the assessments to the district court, and (ii> of theprovisions of Minnesota Statutes. Sections
12 435.193 to 435.195 and the existence o anv deferment procedure established nursuant thereto. �
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
3b
the followin� vear along with current taxes.
Citv Charter.
,...,..:.,.s�,�.-..R:��.n.�
ru��t i � :� � . Ji -
00 -u'1 �--
ORIGlNAL
Benanav
Bostrom
Coleman
Harris
Lantry
Reiter
Adopted by CouncIl: Date
Adoprion Certified by Coun
By:
Approved by Mayor: Date
By:
Secretary
Requested by Departtnent oE
�
Foim pcal e City Attorney
BS'� /�f . r /� � I
Approved by Mayor for Submission to Council
!e3'�
��bs�;��.fi ��,- � ar. 3 ao�`
�RDINANGE
CITY OF SA�NT PAUL, MINNESOTA
Presented
Referred To
Council File # ��,
Green Sheet # 1005�os
���NaE� v�Rs,o,�
1- 3-O!
a�
Committee Date
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
An ordinance to provide for the assessment and col(ection of fees for
excessive police and nuisance enforcement services.
TF� COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section I
Chapter 267 of the Saint Paul Legialative Code is hereby amended to read as follows:
Chapter 26Z User Charge for Excessive Consumption of Police Services.
Sec. 267.01. Purposes.
It is the intent of the city council by the adoption of this chapter to impose on and collect from the owner of
aproperty the citv cost for police and law enforcement services which are
over and above
the cost of providing normal law enforcement services and police protection city-wide, if the said excess costs aze
spent to abate a nuisance which has occurred or is maintained and nermitted on the nropertv. 'The collection of the
costs for such excess oolice services shall be bv assessment against the prouertv on which the nuisance or activitv
constituting the nuisance occurs pursuant to the authoritv in section 14 O1 2 of the cit�harter empowering the
council to abate nuisances and collect the costs of such abatement bv soecial assessment Nothing herein shall
prevent the citv from usin2 the aufhoritv and procedures in arrv other �ovision of the charter city ordinance or
statute, including but not limited to Mdnnesota Statutes Section 429 IIl as allowed bv Section 14 P2 ofthe Saint
Paul Charter.
14 5ec. 267.02. Definitions.
20 For the purpose of this chapter, the terms defined in ihis section shall have the meanings ascribed to them:
? 1 Buildinr. "Buildin�° means a siructure suitable for human shelter a commercial structure that is maintained
!2 for business activities that involve human occupatian anv portion of the structure or the real propertv on which the
:3 structure is located.
Excessive police and nuisance enforcement services. Excessive police and nuisance enforcement services
means those services provided at a snecific prouertv address a8er four or more calls for service for seoarate nuisance
events had occurred in a nrior one-month rime period where the owner was narified in writine that subsequent hi�h
levels of volice and nuisance calls for service would result in a fee being char�ed for excessive consumption of those
services. and where the owner has been orovided with 30 days followinQ notice to abate the nuisance generatine the
high levels of calls for service.
fiiiiiT�[ti►'
�t 2 9 �pl
oo-��� �.
1 Interested Qartu "Interested party" means anv known lessee or tenant of a building or affected portion of a
2 buildina; anv known aeent of an owner lessee or tenant• an� known person holdinE an unrecorded contract for
3 deed beinp a mortgaQee or vendee in phvsical possession of the buildin�• or any other uerson who maintains or
4 permits a nuisance and is known to the citv.
5 Last known address shall be the address shown on the records of the Ramsey County Department of
6 Property TaYation ot a more recent address known to the golice department. In the case of parties not listed in these
7 records, the last known address shall be that address obtained by the police department a$er a reasonable seazch. If
8 no address can be found such address shall be that of the buildinQ in which the nuisance occurred or was
9 maintained or permitted.
10 ,
11
12 Nuisance.
. >
13 sa€et�-an&�+e}fare; "Nuisance" means a€ one or more of the foilowing behavioral incidents occurrin¢ or committed
14 within a buildine:
15
16 (11 prostitution or prostitution-related activitv committed within the buildine•
17 (2) samblin¢ or aamblinF-related activity committed within the buildine•
18 (3) maintainina a nublic nuisance in violation of Minnesota Statutes Section 609 74 clause f I) ar(3T
19 �41 permitting a oublic nuisance in violation of Minnesota Statutes Section 604 745•
20 (5) unlawful sale. nossession stora$e delivety �iving manufacture cultivation or use of controlled
21 substances committed within the buildins;
22 (6) unlicensed sales of alcoholic beverages committed within the buildino in violation of Minnesota
23 Statutes. Section 340A.401:
24 (71 unlawful sales or eifts of alcoholic beverages by an unlicensed person committed within the buildin2 in
25 violation of Minnesota Statutes. Secfion 340A.503. subdivision 2 clause (1) or unlawful consumption or
26 possession within the buildine by persons under the aEe of 21 veazs in violation of Minnesota StatuYe
27 Section 340A.503. subdivisions 1 and 3�
?8 (8) unlawful use or nossession of a fireatm in violation of Minnesota Statutes Section b09 6b subdivision
'.9 la 609.67, or 624J13. committed within the buildiney
0 (9) violation bv a commercial entemrise of local or state business licensine regulations ordinances or
1 statutes orohibitin� the maintenance of a oublic nuisance as defined in Minnesota Statutes Secfion 609 74
? or the control of a public nwsance as defined in Minnesota Statutes Section 609 745•
(10) actions which {aea}�-constitute a violation of Minnesota Statutes Section 609.72 relatine Yo disorderlv
conduct , �
,
��
(i ll actions which weu}�constitute a violation of Chapter 243 of the LeQislative Code relatine to noise
resutations.
2
b o -��'� b�
1
2 , ,
3 , , .
4 (121 actions which constitute a public nuisance under local, state, or federai laws.
5 Owner: "Owner" means the person or oersons in whase name or names the building is recorded with the
6 Ramsev Countv Department of Pronertv Taxation for taeation nurposes.
7
S Personal serviee.• Service by personally handing a copy tu the intended recipient or by leaving a copy at the
9 intended recipient's residence or place of business with a person of suitable age and discretion.
10
11 . .
12 , . ,
13 , ,
14 , ,
15
16 " ' , .
17 ' > .
18
19
20 ,
21
22
23 Sec. 267.03. Notice of nuisance ,
24 (al If the chief of police or his or her desi�Znee has reason to believe that a nuisance has occurred or is
25 maintained or permirted in a building or on a property and intends to seek reimbursement for police services
26 rendered in the fi�ture in connection with such nuisance or activities ereating a nuisance he or she shall nrovide a
27 written notice as required in this secfion to the ocvner and each interested party known to him or her
28 (b1 The written notice shall:
29 (11 state that a nuisance as defined in this chapter has occurred or is maintained or nermitted in the
30 buildine, and specifv the kind ot kinds of nuisance which has occurred or is beine maintained or permitted�
1 (2) summarize the evidence that a nuisance has occurred. or is maintained or�ennitted in the
2 buildin�, includin� the date or dates on which nuisance-re]ated activities have occurred or w�ere maintained
3 or permitted provided. however that one or more oolice reports can be used to satisfv this requirement and
F f3) inform the rec�ient of the notice that f�he or she has thirty (3oJ si�q{60� days to abate the
conduct constitu[in� the nuisance, and to take steps to make sbre that acYions consfituting a nuisance wil] not
te-occur, tii) if, after thirtv (3�) si�tv-F683 davs from the date of service of the nouce. the nuisance re-occurs
or actions or conduct constitutin¢ a nuisance takeplace the citv may in its discretion impose the costs of
police services in abatine or attempting to abate such nuisance or nuisance-re]ated activities and (iii) the
costs will be collected bv assessment asainst the buildin¢ as defined.
Do — t�7 �
1 (c}'['he written notice shall be served bv personal service or bv first class mail
2 _' :`_ a on the owner and all interested narties known to the chief or his or her desienee az the last known address
3 for each such nerson or persons.
.. . - -
- - - - - -' - - - - - - - -- - -
. - - - - - - - -- - - -
- - - �.R
9 Sec. 267.04. Subsequent nuisance or nuisance-related activitv �akee-respeases; liability.
10 (a) If, within the Deriod commencinE thirty-one (31) si�-anef6�3 days after a written notice is served
11 pursuant to this chapter and continuina for one year thereafter a nuisance occurs or is maintained orpermitted in the
12 buildin�, and police services are rendered to abate or attempt to abate such nuisance the costs of ptovidine such
13 police services within the said one vear tlrer�nfte�-shall be assesseci a¢ainst the building and collected asprovided in
14 this chaoter.
15
16
17 .
18 (b) The costs for�rovidine excess police services shall include but not be limited to the gross salaries
19 includine all frin�es and benefits which aze vaid bv the city of nolice officers while re�onding to or dealins with
20 the nuisance or nuisance-related activities theprorata cost of all equinment including vehicles the prorata cost of
21 police do�s assistina the officers the cost of repairs to anv city equipment and propertv damaeed in responding to
22 such nuisance or nuisance-related activiUes. and the cost of anv medical treatment of injwed police officers �He
23
24 (c) The city reserves its rights to seek reimbursement for costs and damages not recovered bv assessment
25 aeainst the building , . through other legal remedies or procedures.
26 (d) Nothine in this ordinance shall be constcued to require or nrevent
27 ' the arrest andlor citation of any peison or persons for violations of federal state or
28 local laws or ordinances.
29 Sec. 267.05. Cost of potice services; annual assessment procedures eeHeeHee.
30 �a? The department ofpolice shall maintain a record of the costs per police visit in resoonse to nuisance
i 1 activifies. The cost of orovidin� such services is determined bv the qross salaries including all frinses and beneSYs
'�2 which aze paid bv the citv for law enforcement staff while resnonding to or dealins with these nuisance activities
3 theprorata cost of all materials and equipment includine vehicles the cost of repairs to anv citv equipment and
4 provertv damaged in respondina to such nuisance activities and the cost of anv medical treatment of anv injured law
5 enforcement officers. These costs shall be recalculated from time to time In addition to maintaining a record of the
i costs_per volice visit. the Department shall maintain a record on individual pronerties of the cost of police services
' ariributable to nuisances occurrinQ after written notice has been sent to the owner and interested persons The
Department of Police shall report such information to the diractor of financial services-or his or her desienee
f b) Resolution aparoving total, settin date of public hearine On or before October i of each vear the
director of financial services or his ar her desienee shall notifv the citv council of the total cost of such excessive
police services performed during the previous vear and the portion of such costs to be assessed against each lot and
parcel of propertv `--_�.._ , �__ _. _,_ ___.: __ �at utilized excessive police services in response to nuisance
activitv. Unon receipi thereof, the council shall bv resolution '°`--`-- "-- --°-•�-� -`•'-- -�-' ---• °-'-
0
QO-117�.-
1
2 ___ �__.__ ._ t_ _____._, __� .�_,� fix a date for �ublic hearin� at which time the council shall consider
3 adoptin� and lewin� the service charges The date of oublic hearinE shall be at least 1wenN (20) davs �- -"'��3
4 after adootion of said resolution.
5 (c) Notice ofcouncil hearine Followine the adootion of the resolution nrovided in naza�raph (a) above the
6 director of financial services shall oublish a notice of the hearine °`u�;e�;�ee in a dailv newsQaper of the citv�ke
7 at least five (5) davs prior to the nublic hearin¢. The notice sktall state the date. time and
8 place of hearine the nuroose of the hearine identifv the services provided and the nrovertv to be assessed a service
9 chazge therefor, and shall state the pr000sed rates of service charges to be considered by the council.
10 �d) Notice to owner and interested narties. At Zeast ten (10) davs before the hearing notice thereof shall be
11 mailed bv fzrst class mail to the owner and anv interested partv krtown to the citv at his or her last known address.
12 Such notice shall also inform the reciDient of the notice (i) o the procedures he or she must Follow under the charter
13 in order to appeal the assessments to the district court. and (ii) of'the Drovisions ofMinnesota Statutes Sections
14 435.193 to 435.195 and the eristence ofanv deferment procedure established pursuant thereto
15 (e) (� Public hearing• adoption of'nssessment roll. On the date of vublic hearin� the council shall meet to
16 consider the ado�tion of the nroposed service chazees The council shall hear all interested parties concernine the
17 or000sed chazees. At such meetin¢ or at anv adjoumment thereof the council may amend the �rovosed service
18 charQes, and shall, bv resolution, adoot the service charges as a snecial assessment aeainst the nropeRies deerr�e�
19 L___r.._., ti_ .t ____ :__ µ utilized excessive nolice services in resuonse to nuisance activities Special
20 assessments levied hereunder shall be pavable in a sinale installment.
21 jjZ� Certification to countv !or cottection with taxes. After adovtion bv resolution of the service charees
22 and assessment rates therefor and no later than November 15 the ciN clerk shall ttansmit a certified �ieate copy
23 of said resolution tHeree€ to the Ramsev Countv Department of Pronertv Tauation to be extended on the nroner taY
24 list of the countv and co]lected ihe followin�veaz alon¢ with current taaces.
25 (g) f€? Appeal. Within twentv (20) davs after adoption of the resolution adoDtine the service charQes
26 assesss�e�rei} anv verson agmieved mav appeal to the district court in the manner set forth in Chapter 14 of the
27 Citv Charter.
Y_ _ _ _ _ __ _ _ _ _ _ _ _ _
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� �L/LJ� ` ii��/aR ��qi.'i��.t��i�}��Y -
_ _ _ _ _ _ _ _ _ _ _ _ i j�<o��ii i _Fy:ifyl�k - _ - : �Li� � _ - _ - - "
: '�i��ii �C��i ie�nfri��� �
1
� � wliiiw - :fJi
00 _1�7a-
Requested by Depariment o£
�
F Approved by ity A �
//
Y: �-.
Approved by Mayor for Submission to Council
BY: � � . 1--� � _ _ By �
�� ���5��
Approve Mayor: Date � 2 9�o�
BY: ���.�`1 i'�-'�.x���� ��S J ��
� '
Adopted by Councii: Date �O
Adoption Certified by Council S etary
�i
DO -1t7�—
GREEN SHEET
Councilmember Kathy Lanhy 6-867Q
12113l00
TOTAL � OF SIGNATIfRE PAGES
�— .. -�-
No �'����
u���« rr// �� ))(A' u��-
❑ CIYATOq�Y �! ❑ CfYCY1tlI �_
❑nwwr�tf�ccsae ❑nw�o�taomucro
�M'fGRI�AtOUMp ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Approval of revisions to Chagter 267 of the Saint Pau1 Legislative Code concerning user chazges for excessive consumprion of police
services.
PUINNING COMMISSION
CIB COMMIT'TEE
CNII SERVICE COMMISSION
tbs mia peraoNfirm arerwqked uMe. a cori4aatumie Eea�m9
ves r�o
tmsMk oewoMirm eva bean a dH amcbYee?
YES NO '
Dces this PersoMfim Oaseas a elall not nortrceJlyp�gessetl by anY wrreM citY emWoYee4
YE3 W6
kUUS pIXeonffinn a tarqeted vdMaYt
YES NO
The Saint Paul Police Department was not collecting fees for from properry owners who had a lazge number of police calls for criminal
nuisance acrivity. The revisions to the Ordinance wIll allow the SaintPaul Police Depazlmentto assess property owners for those chazges.
'OTAL AMOUNT OF SRANSACTION S
UNDINQ SOURCE
knr�cva x��a�ww cowut�
COSTIREVENUEBYD6ETEC(CIRCLEONcn
ACTIVT'NUI118ER
'�'
� �$&�9�TGi` i.�ii?�&
�+ � Ei � � LQ�
d
po _ �1'1r
�`' GITY OF SAINT PAUL
��� OF�'ICE OF THE CITY COLTI�TCIL
:
KATHY LANTRY
Counalmember
January 3, 2001
TO: Council President Dan Bostrom
Councilmember Jerry Blakey
Councilmember Chris Coleman
Councilmember Pat Harris
Councilmember Jay Benanav
Councilmember Jim Reiter
FROM: Councilmember Kathy Lantry�l
RE: Today's Agenda Item #28 (CF#00-1172) for Public Hearing: Technical Amendments to
Ordinance Changing Collection Pmcedures for Excess Consumption of Police Services
I am introducing the following technical amendments to this ordinance:
� Page 2, Line 13 of the current draft corrects a typographicai error.
o Page 2, line 33 of the current draft corrects a grammatical error.
� Page 2, line 37 of the current draft corrects a grammatical error.
� Page 3, line 3 of the current draft clarifies the definition of nuisance to include any public nuisance as
defined by local, state or federal law.
� Page 3, line 30 corrects a typographical error.
� Page 4, line 18 clarifies the types of costs to be included in the assessment for excessive services.
� Page 4, line 38 and lines 40-42 amends the ordinance to allow the director of financial services to
designate the assessmettt reporting responsibilities to staff members.
� Page 5, line 18, clarifies what propefties will proceed through the special assessment collection
process.
� Page S, lines 20-22 ciarify how the assessment rates are forwarded to the Ramsey County Tasation
Department.
I believe these chaages do not affect the substance of the version you have had under your consideration
for the previous readings.
CITY HALL SUITE 320C SAINT pAUL, MdNNFSOTA 55102-1615 612/266-8670
s ae
" Printed on Recyded Paper
OR1Gf�UAL
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented b}
Referred To
Council File # on _ t��7a.
Green Sheet # 1 b0 545
Committee Date
1 An ordinance to provide for the assessment and coll
2 exces"sive police and nuisance enforcement
3 T'f� COUNCIL OF THE CITY OP SAINT PAUL DOES ORDAIN: .+�
A!
F
Section 1
Chapter 267 of the Saint Pau1 Legislative Code is
fees for
to read as follows:
6 Chapter 267. User Charge for Excessive Consumption
7 Sec. 267.01. Purposes.
8 It is the intent of the city council by the adopf�n
9 aproperty the city cost far police and law enfr
10
ll the cost of providing normal law enforcement
12 spent to abate a nuisance which has occurred,
13 costs for such axcess olice setvices shall be
14 constitutin the nuisance occurs �ursuant
I S council to abate nuisances and collect the ost
16 revent the ci om usin the authori d
17 statute includin but not limited to Mi esotc
18 Paul Charter.
19 5ec. 267.02. Definitions.
20 For the purpose
21 Building "f
22 for business activiti
23 structure is located.
24
25
26
27
28
29
Services.
of this chapter to impose on and collect from the owner of
over and above
and police protection city-wide, if the said excess costs aze
ntained and nermitted, on the nropertv The collection of the
the terms defined in this section shall have the meanings ascribed to them:
Excessive poli,�e and nuisance enforcement services. Excessive police and nuisance enforcemettt services
1
,m - .. ,— FE�i! :
. ; .. � � �; ; 00 -lt'i !-
.,,� . t +d i d `1 i�'. ..�-
1 Interested partv. °Interested partv" means anv lmown lessee or tenant of a building or affected portion of a
2 buildine: anKknown aeent of an owner. lessee. or tenant: anv laiown person holding an unrecorded contract for
3 deed, beine a mortgagee or vendee in phvsical possession of the buildine: or any other person who maintains or
4 permits a nuisance and is known to the citv.
5 Last known address shall be the address shown on the records of the Ramsey County Department of
6 Properry TaYation or a more recent address Imown to the police department. In the case of parties not listed in these
7 records, the Iast knawn address shall be that address obtained by the police department after a reasonable seazch. If
8 no address can be found, such address shall be that of the buildine in which the nuisance occurred. or was
9 maintained or�ermitted.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2S
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
�,.E��.�.,..�.R,s.F.f�.�.� ...�...��.,�.,��.�.�..�.��..�..,..�..f��.,�
Srunri:lU�ulv�o�tus•�ueainc�n��u�n�a��»v��w�n�vnmse-r.nour•nuu�n��•av�n���ww�oiun�a�N��w1.r.�niai�niur' V
:� . . s. . ... .. .:
� � t t�l�l�l•�[��'��l(�l1L�R�������i�l�t�iw��llH\• :�� � • � � •
ao .t�1 }.
3 Owner: "Owner" means the person orpersons in whose name or names the buiiding is recorded with the
4 Ramsey County Depathnent of Pro�er[v Tasation for taxauon purposes.
5 .
6 Personal service: Service by personally handing a copy to the intended recipient or by leaving a copy at the
7 intended tecipienYs residence or place of business with a person of suitable aae and discrerion.
8
9
10
11
12
13
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15
16
17
18
19
20
21
22
23
24
25
26
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34
35
36
37
�3
•„��-
i
2
3
. ._
. .:� • . .... .. • �. . � .�. .�� �: . .� . . ..
. . , .: ..: . .. ...
.. ., :� � ... :�. ... .,. .. �� ... .
�: �. .� -.�.. � .�. .. ... .� . .. ��: . .:
4 Sec. 267.04. Subsequent nuisance or nuisance-related aeHvitv js�}iee-respoases; liability.
10
11
12
13
14
15
16
17
18
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20
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25
26
27
28
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37
38
39
40
41
42
43
44
(a) If, within the period commencin� thirtv-one (31) si�cl�aaefG�j da�s after a
pursuant to this chapter and continuin f� or one vear thereafter, a nuisance occurs or is n
this chapter.
. �
(b)
(c) The aity reserves its rights to seek
against the building
(d) Nothine in this ordinance shall
' the arrest
local laws or ordinances.
Sec. 267.05. Cost of nolice services;
notice is served
��1����1 ll�����f�llliysi�l�l�
for costs and damages not recovered bv assessment
�8j through other legal remedies or procedures.
k�'ued to rec�uire or�revent
citafion of any_person or �ersons for violations of federal, state or
cofieetioa.
"- - - - - ` - ' ` - ` ' - ---'---' --' ''-'" fix a date forpublic heazin� at which time the council shall consider
for each such person or versons.
1
2
.. N l t "eJ ! � t v,
after adoption of said resolution.
oa -t���-
3 (c) Notice cfcozmcil hearine. Followin� the adoption of the resolurion provided inpazagraph (a) above, the
4 duector of fmancial services shall publish a notice of the hearing -`_�*T in a dailv newspaper of the citv;tke
5 at least five (51 days prior to the public hearinE. The notice shall state the date. time and
6 place of heazing. the purpose of the hearin�, identify the services provided and the properlv to be assessed a service
7 chazge therefor. and shall state the proposed rates of service chazges to be considered bv the council.
8 (d} Notdce to owner and interested�arties. At teast ten (10) davs before the hecaring, notice thereo s�f ha11 be
9 mailed b�rst class mail to the owner and anv interested pmtv known to the city, at his or her Zast known address.
10 Such notice shall also inform the recipient of the notice (� ofthe Drocedures he or she must follow under the chcrrter
i 1 an order to appeal the assessments to the district court, and (ii> of theprovisions of Minnesota Statutes. Sections
12 435.193 to 435.195 and the existence o anv deferment procedure established nursuant thereto. �
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
3b
the followin� vear along with current taxes.
Citv Charter.
,...,..:.,.s�,�.-..R:��.n.�
ru��t i � :� � . Ji -
00 -u'1 �--
ORIGlNAL
Benanav
Bostrom
Coleman
Harris
Lantry
Reiter
Adopted by CouncIl: Date
Adoprion Certified by Coun
By:
Approved by Mayor: Date
By:
Secretary
Requested by Departtnent oE
�
Foim pcal e City Attorney
BS'� /�f . r /� � I
Approved by Mayor for Submission to Council
!e3'�