(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.
1987 c 283 s 3; 1995 c 244 s 33; 1997 c 100 s 2; 1997 c 239 art 12 s 9
Structure Minnesota Statutes
Chapters 609 - 624 — Crimes; Expungement; Victims
Chapter 617 — Abortion; Obscenity; Nuisance
Section 617.20 — Drugs To Produce Miscarriage.
Section 617.201 — Indecent Articles And Information.
Section 617.202 — Sale Of Articles Relating To Prevention Of Conception Or Disease.
Section 617.22 — Concealing Birth.
Section 617.23 — Indecent Exposure; Penalties.
Section 617.242 — Adult Entertainment Establishments.
Section 617.243 — Indecent Literature, Distribution.
Section 617.245 — Civil Action; Use Of Minor In Sexual Performance.
Section 617.246 — Use Of Minors In Sexual Performance Prohibited.
Section 617.247 — Possession Of Pornographic Work Involving Minors.
Section 617.26 — Mailing And Carrying Obscene Matter.
Section 617.261 — Nonconsensual Dissemination Of Private Sexual Images.
Section 617.27 — Search Warrant; Destruction Of Property.
Section 617.28 — Certain Medical Advertisements.
Section 617.291 — Sexually Explicit Material And Exhibitions; Purpose And Policy.
Section 617.292 — Definitions.
Section 617.293 — Harmful Materials; Dissemination And Display To Minors Prohibited.
Section 617.294 — Exhibition Prohibited.
Section 617.296 — Penalties; Injunctive Remedies.
Section 617.297 — Evidence Of Adherence To Motion Picture Rating System.
Section 617.298 — Obscene Motion Pictures At Drive-in Theaters; Definitions.
Section 617.299 — Obscene Motion Pictures; Prohibiting Exhibition At Drive-in Theaters.
Section 617.81 — Nuisance; Acts Constituting; Injunction; Notice.
Section 617.82 — Agreed Abatement Plans; Temporary Order.
Section 617.83 — Injunction; Order Of Abatement.
Section 617.84 — Movable Property.
Section 617.85 — Nuisance; Motion To Cancel Lease.
Section 617.87 — Release Of Property.
Section 617.90 — Graffiti Damage Action.
Section 617.92 — Public Nuisance.
Section 617.93 — Suit To Abate Nuisance.
Section 617.95 — Violation Of Court Order; Fine And Criminal Penalty.