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ADMINISTRATIVE COMPLAINT POLICY
Implemented April 5, 2010
INTRODUCTION
Minnesota Statutes give the C ity Council the “power to provide for the government and good
order of the City , the suppression of vice and immorality, the prevention of crime, the
prote ction of public and private property, the benefit of residence, trade, and commerce , and
the promotion of he a lth, safety, order and convenience, and the general welfare as it shall deem
expedient.”
The Prior Lake 2030 Vision and Strategic Plan states as a specific goal that its ordinan c es shall be
directed towards “ the protect[ion] of residential and commercial properties. ” To meet th is
objective, the City has developed a consistent, proactive code enforcement program. The City
has limited resour c es , so City staff also relies on residents and business owners to provide
information regarding code violations.
City staff inspects every complaint it receives. When a violation is confirmed , the appropriate
action is taken. Due to staff and time constraints , it is sometimes necessary to prioritize
complaints and violation s . When this happens, complaints are prioritized as follow s :
1. Immediate risk to public health and safety
2. High risk to health and safety through potential environmental impacts
3. Work begun or actions taken without the necessary permits
4. Aesthetic and nuisance violations
PURPOSE
The purpose of this Administrative Complaint Policy is to deal with situations where one or more
parties abuse the code enforcement system. What begins as a complaint escalates into a feud
between two parties. Both parties use the complaint process to antagonize each other, and City
staff finds themselves in the middle of what typically is a private or civil matter .
The City has limited resources, in both staffing and funding, to manage co m plaints and code
violations. The City has the right to choose how to best use these resources in a fashion that
prudently utilizes taxpayer resources . The purpose of this Complaint P olicy is to establish a
protocol and standards fo r the Staff to use to determine whe ther the enforcement tools
available to the City are no longer effective. The City do es not intend to ignore complaints ; S taff
will continue to take the a p propriate enforcement action when a legitimate City Code violatio n
exists. Depending on the nature of the Code violation and the impact the Code violation has on
the health, welfare and safety of the City and its residents, t he City s taff will prioritize the list of
p ending complaints it receives . S taff may choose to limit the amount of follow - up in certain
situations.
EXCESSIVE COMPLAINTS
S taff will use the following guidelines to determine if complaints become excessive . Excessive
complaints are ongoing complaints where:
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1. The alleged violation does not pose an imme diate risk to public health and safety, or
there is no high risk to health and safety through potential environmental impacts, or
there is no work being done or actions taken without the necessary permits :
2. The nature of the complaints move from reporting a legitimate Code violation to using
the City to harass another party ;
3. One or both of the parties has obtained legal counsel ;
4. O ne or both oft the parties has threatened litigation against the City; and
5. T he p arties refuse to participate in processes identif ied by the City (e.g., mediation) to
attempt to resolve the dispute and reach a mutually acceptable accord.
STAFF RESPONSE
Excessive and repetitive complaints by the same party or parties consume considerable S taff
time to inspec t the alleged violation , talk with the parties involved , writ e letters requesting
corrective action, perform a follow up inspection and potentionally have further discussions
with involved parties. There is no formula , either objective or subjective to determine when City
efforts have be e n unsuccessful . In determining whether City efforts has been unsuccessful Staff
will consider the following:
1. How much time the City has invested in working with the parties to address the City
Code violation.
2. Whether the City has recommended a vi able solution that is achievable within a
reasonable amount of time (90 days).
3. Whether the nature of the violation is creating a dangerous situation that puts people
and property at risk .
4. Whether the essential basis of the dispute is civil.
Once a determi nation is made , s taff will:
1. Consult with the City Attorney about the City’s legal obligations and options. If
appropriate and there is reason to believe that some form of mediation process may
work, the City may offer to arrange for a mediation session. The City will not be
responsible for any costs related to methods used to resolve the dispute, not
withstanding the fact the City recommended the parties participate in a form of
alternative dispute resolution.
2. If one or both parties refuse mediation, the City Attorney will notify the parties via letter
of the City’s intent to discontinue participation .
3. All complaints from the parties must be in writing.
4. Staff will investigate any subsequent and unrelated complaints received from the parties
and take the a ppropriate action. The staff will not follow - up with the complainant.
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