SF 3384

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public nuisances; providing for the award 
  1.3             of costs and attorney fees to the prosecuting 
  1.4             attorney; amending Minnesota Statutes 1998, section 
  1.5             617.82. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 617.82, is 
  1.8   amended to read: 
  1.9      617.82 [AGREED ABATEMENT PLANS; TEMPORARY ORDER; ATTORNEY 
  1.10  FEES.] 
  1.11     (a) If the recipient of a notice under section 617.81, 
  1.12  subdivision 4, either abates the conduct constituting the 
  1.13  nuisance or enters into an agreed abatement plan within 30 days 
  1.14  of service of the notice and complies with the agreement within 
  1.15  the stipulated time period, the prosecuting attorney may not 
  1.16  file a nuisance action on the specified property regarding the 
  1.17  nuisance activity described in the notice. 
  1.18     (b) If the recipient fails to comply with the agreed 
  1.19  abatement plan, the prosecuting attorney may initiate a 
  1.20  complaint for relief in the district court consistent with 
  1.21  paragraph (c). 
  1.22     (c) Whenever a prosecuting attorney has cause to believe 
  1.23  that a nuisance described in section 617.81, subdivision 2, 
  1.24  exists within the jurisdiction the attorney serves, the 
  1.25  prosecuting attorney may by verified petition seek a temporary 
  2.1   injunction in district court in the county in which the alleged 
  2.2   public nuisance exists, provided that at least 30 days have 
  2.3   expired since service of the notice required under section 
  2.4   617.81, subdivision 4.  No temporary injunction may be issued 
  2.5   without a prior show cause notice of hearing to the respondents 
  2.6   named in the petition and an opportunity for the respondents to 
  2.7   be heard.  Upon proof of a nuisance described in section 617.81, 
  2.8   subdivision 2, the court shall issue a temporary injunction.  
  2.9   Any temporary injunction issued must describe the conduct to be 
  2.10  enjoined. 
  2.11     (d) If the court issues a temporary injunction under 
  2.12  paragraph (c) or a permanent injunction or order of abatement 
  2.13  under section 617.83 or 617.84, the court shall award costs and 
  2.14  reasonable attorney fees to the prosecuting attorney. 
  2.15     Sec. 2.  [EFFECTIVE DATE.] 
  2.16     Section 1 is effective August 1, 2000, and applies to 
  2.17  petitions for a temporary or permanent injunction and order of 
  2.18  abatement initiated on or after that date.