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i <br />�_ F�,��E�T���HO��P.x� <br />T�: <br />From <br />MEM�RANDUM <br />Mayor Adams and merr�bers of the Pequot Lakes City Caunci� <br />Christopher M. Hooa and Ro6ert T. Scott, <br />City Attorneys, City of Pequot Lakes <br />Date: May 28, 2D14 <br />VIA EMAIL <br />Re: CITY COiTNCIL HEARING TO CONSIDER �RDERING ABATENIENT <br />of Citv Ordinance VEOiafions at 3952 Countv Road 17� Peauot Lakes, MiY <br />56472 <br />The folIowing rnemorandum briefly addresses the process we recam�nend the Czty CounciI of <br />the City of �equot Lakes (City} follQw iz� considering whet�ier to deciare the condit�ans at the <br />property owned by Virgi� DahI at 3952 County Raad I7 (Property) in the City to be a p�blic <br />rzuisance and violations of City Ordinances at a speciai meeting to be held on ]une 3, 2Q14 at <br />6:00 p.m_ <br />The property owner has allowed garbage, junk, vehicies, mobile homes, stnrctures, anirr�ais and <br />other debr�s to accumulate in plain sight on the Froperty, and despite repeated written <br />notifcatio�s ancf requests by the City staffand City Attorney, such debris has not been <br />removed_ The following background documents, whic� include quotations from the applicable <br />city ordinances, are appended hereto forthe City Councii's reference and cansideratian �n <br />advance ofthe specia� meeting: <br />Appendix A: City Attorney letter to Virgil Dahl, dated �'ebz-uary 6, 20I4 (w/ enclosure) <br />Apper�dix B: City Attomey letter �o Virgi! Dah1, dated May 19, 2014 (w/o enclosure) <br />Our office eneIosed with each �etter we sent to the property owr�er a proposed consent <br />agreement pursuant to which the property owner wouIc� authorize the city to enter upon his <br />property an� abate ihe a�leged nuisance conditions and code �iolations and assess the cast of <br />such abatement to the property, but to date the properiy owner has nat signed such agreement. <br />Consequently, t7�e City Councii wiii cansider this matter on June 3, 2014 and be asked by City <br />staffand our office to declare the conditions at the Progerty to be a public nuisance and <br />vioiations of City Ordinances and to autharize legat proceedings to abate the same and <br />prosecute the property owner for such code vioiations. In considering this matter, the City <br />Council wili be acting in a quasi judicial capacity, which means it will be receiving and <br />reviewing evidence and �nterpreting and app(ying its ordinances as they exist to a specific <br />situation (in contrast to the council's typical broader legisiative role). <br />In quasi-judicial situations such as this special meeting, due process and equal protection are <br />[cey faetors coUrts will review in the event of further legaI challenge. Due process and equal <br />�rotection under the law demand that similar applicants and appellants mus# be treated <br />uniform�y by tlae City. Due process requires that Mr. Dahl be given adequate notice ar�� an <br />