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Bayport council approves chapter 25 amendment to clarify civil-abatement process and cost recovery
Summary
Council approved a code amendment clarifying when the city may pursue District Court civil abatement actions, expanding appeal timelines and setting recovery of attorneys’ fees for prevailing parties; the change followed resident review and passed unanimously.
The Bayport City Council on Sept. 9 approved an amendment to Chapter 25 of the Bayport City Code that clarifies the city’s authority to pursue District Court civil abatement actions and to recover costs and attorneys’ fees.
City Attorney Eric Larson summarized the revisions and emphasized the amendment is targeted to “rare and extreme circumstances” when the city has exhausted other means to secure code compliance. Larson said the amendment lays out procedural protections for residents — including an opportunity to be heard at a noticed council meeting and a 30-day period to seek a stay of a court-ordered remediation to pursue an appeal. “In almost all cases before we even reach this, the resident has had the opportunity to go before a district court judge on a criminal misdemeanor citation,” Larson said, explaining the context for the new section.
Council members said the revised language reflects substantial resident engagement; a resident speaker, Phil St, thanked staff and council for the collaborative process. Following discussion, the council moved to adopt the amendment and to authorize summary publication; the motion passed by unanimous roll-call vote.
The ordinance change does not expand the city’s routine enforcement tools but confirms a formal path for civil abatement in cases where prolonged noncompliance has produced extraordinary costs and the city seeks to recover those costs through civil action.
