Agenda - Council - 03/13/2012 - Special

Home

22. Under Ramsey City Code § 5.20, the section describes the abatement process, including the requirement that notification of the affected property owner state the nuisance or Code violation be abated within 14 days, must state with "specificity the nature of the nuisance," and that the within that 14 day period the property owner may request a hearing before a hearing examiner. 23. On September 13, 2007 the City of Ramsey's Community Service Officer of the Ramsey Police Department sent Kiefer a letter indicating a violation of City Code Chapters 5 and 9. Chapter 9 governs the prohibition of parking vehicles on certain types of areas. 24. The September 13, 2007 letter stated the Ramsey Code violation as: Any and all conditions constituting a nuisance including, but not limited to, inoperable and/or unlicensed vehicles, construction materials, appliances, junk, rubbish and debris. Vehicles parked on unimproved surfaces. 25. The September 13, 2007 letter did provide that Kiefer was to correct "[a]11 violations ...within fourteen (14) days from the date of service of the letter..." and that Kiefer could request a hearing before a hearing examiner by contacting the Chief of Police. The letter does not give the reason for requesting a hearing. 26. The September 13, 2007 letter does not cite any specific City Code. 27. Kiefer did receive the September 13, 2007 letter. 28. Kiefer did not request a hearing before a hearing examiner. 29. Kiefer challenged at all times the allegations of the City through a Writ of Prohibition in the criminal action, including a written notice that the City was acting outside its authority noting the continued existence of the criminal proceeding, and asserting a number of other constitutional infirmities he believed associated to the City's actions.