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regard to how the City determines these violations exist — our policy is we have used a complaint <br />based system — probably mostly because of budgeting issues. If we receive a complaint, it's the <br />responsibility of the Police Department to investigate these complaints to determine if they are <br />valid. Officers check into the complaints. He noted it's not a crime to go on someone's property <br />to look at neighboring properties but if a person intentionally trespasses on the property of <br />another it is a crime as well as if it's posted. Occasionally our Police will go onto a neighbor's <br />property to view. He reminded the Council that our City Code states our officers are designees <br />of the City Administrator. That's not a crime for them to go and check the complaint out. He <br />talked about administrative search warrants and talked briefly about the Keith Kiefer abatement. <br />The courts said we should have been more specific with that notice to Mr. Kiefer — that we <br />should have been more specific with items. In response to that, when there are many numbers of <br />items, we go onto the property and if we are refused by the property owner to go on the property, <br />then we get an administrative warrant. We have recently done that. He stated he wanted to <br />caution the City Council that we cannot talk about pending matters — we can talk in general — but <br />not about a specific property. <br />Mayor Ramsey stated he was under the impression our policy was when it came to abatement it <br />would be a specific complaint by a neighbor. Then our officer would go out and talk to them <br />about the complaint. If it's a nuisance, you have to clean it up. If we are going into backyards <br />and looking at items being complained about but then if we are going to categorize all items not <br />only items complained about — that's our policy of being complaint based. Mayor Ramsey stated <br />that if we gave the City Administrator authority to go onto private property, then he (Ramsey) is <br />against that too. <br />Attorney Goodrich stated that State Statutes says you can do that until you are told to leave — and <br />if you are told to leave, you have to leave — no questions. <br />Mayor Ramsey stated he felt we went too far in this case. <br />Mr. Goodrich stated that that's what the ordinance says we should do; however, Council has the <br />authority to amend the ordinance. <br />Mayor Ramsey stated he thought Council gave direction on complaint based only. <br />Police Chief Way stated that its complaint based and often times we get a complaint but they <br />have not been able to see anything. If we see a violation from the street, we can notice them. <br />Often times you get there and you find that you are able to work with them to get it all cleaned <br />up. Ninety -nine percent of them we do not have any issue with. It's gone quite well. We give <br />notice and extensions. Once we get a complaint, we ask them to clean up the whole property but <br />we do not just walk into a property to find something. <br />Councilmember Strommen stated she can imagine sometimes a complaint is not specific. The <br />other concern she would have is for a sort of arbitrary enforcement if they are in violation. <br />Mr. Goodrich stated that he is not so sure an officer would be doing his duty in not asking for the <br />property to be cleaned up as long as he's lawfully there. <br />City Council Work Session / May 29, 2012 <br />Page 2 of 12 <br />