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Chapter 617
Section 617.82
Topics
Recent History
- 1997 617.82 Amended 1997 c 239 art 12 s 9
- 1997 617.82 Amended 1997 c 100 s 2
- 1995 617.82 Amended 1995 c 244 s 33
This is an historical version of this statute chapter. Also view the most recent published version.
617.82 AGREED ABATEMENT PLANS; TEMPORARY ORDER.
(a) If the recipient of a notice under section 617.81, subdivision 4, either abates the conduct
constituting the nuisance or enters into an agreed abatement plan within 30 days of service of
the notice and complies with the agreement within the stipulated time period, the prosecuting
attorney may not file a nuisance action on the specified property regarding the nuisance activity
described in the notice.
(b) If the recipient fails to comply with the agreed abatement plan, the prosecuting attorney
may initiate a complaint for relief in the district court consistent with paragraph (c).
(c) Whenever a prosecuting attorney has cause to believe that a nuisance described in section
617.81, subdivision 2, exists within the jurisdiction the attorney serves, the prosecuting attorney
may by verified petition seek a temporary injunction in district court in the county in which
the alleged public nuisance exists, provided that at least 30 days have expired since service
of the notice required under section 617.81, subdivision 4. No temporary injunction may be
issued without a prior show cause notice of hearing to the respondents named in the petition and
an opportunity for the respondents to be heard. Upon proof of a nuisance described in section
617.81, subdivision 2, the court shall issue a temporary injunction. Any temporary injunction
issued must describe the conduct to be enjoined.
History: 1987 c 283 s 3; 1995 c 244 s 33; 1997 c 100 s 2; 1997 c 239 art 12 s 9
(a) If the recipient of a notice under section 617.81, subdivision 4, either abates the conduct
constituting the nuisance or enters into an agreed abatement plan within 30 days of service of
the notice and complies with the agreement within the stipulated time period, the prosecuting
attorney may not file a nuisance action on the specified property regarding the nuisance activity
described in the notice.
(b) If the recipient fails to comply with the agreed abatement plan, the prosecuting attorney
may initiate a complaint for relief in the district court consistent with paragraph (c).
(c) Whenever a prosecuting attorney has cause to believe that a nuisance described in section
617.81, subdivision 2, exists within the jurisdiction the attorney serves, the prosecuting attorney
may by verified petition seek a temporary injunction in district court in the county in which
the alleged public nuisance exists, provided that at least 30 days have expired since service
of the notice required under section 617.81, subdivision 4. No temporary injunction may be
issued without a prior show cause notice of hearing to the respondents named in the petition and
an opportunity for the respondents to be heard. Upon proof of a nuisance described in section
617.81, subdivision 2, the court shall issue a temporary injunction. Any temporary injunction
issued must describe the conduct to be enjoined.
History: 1987 c 283 s 3; 1995 c 244 s 33; 1997 c 100 s 2; 1997 c 239 art 12 s 9
Official Publication of the State of Minnesota
Revisor of Statutes