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5.7. SR 06-07-2010.^~/ Elk REQUEST FOR ACTION River To Item Number Ci Council 5.7. Agenda Section Meeting Date Prepared by Administration une 7, 2010 erem Barnhart, Plannin Mana er Item Description Reviewed by Resolution Declaring Public Nuisance and Ordering Abatement Lori ohnson, Ci Administrator in the Matter of the Nuisance Located at 19545 Elgin Street NW Reviewed by Action Requested Council adoption of attached resolution declaring a public nuisance and ordering abatement in the matter of the nuisance located at 19545 Elgin Street NW. Summary City staff, after receiving complaints, has had an ongoing code enforcement issue with the property owner at 19545 Elgin Street NW that has failed to install a fence as required around an in ground pool. City staff, in pursuing corrective action, treated this as an ordinance violation rather than a nuisance. An ordinance violation results in a fine whereas a nuisance can be abated or result in a court order to compel completion. The property owner has ignored the most recent citation and did not appeal. In speaking with the City Attorney Peter Beck, he suggested we treat this as a nuisance. Prosecuting Attorney Scott Baumgartner suggests the following process. The Council is asked to concur with this process: 1. Send property owner notice that the City intends to declare the property a public nuisance as defined in Section 46-31 of the Ciry Code on June 21 2. Council adopts a resolution declaring a public nuisance 3. The actions described in the resolution will be carried out Neither Mr. Beck, Mr. Baumgartner, nor I will be at the meeting on Monday, therefore, Council is asked to forward any questions in advance. Attachments • Narrative history • Case file • Resolution declaring a public nuisance and ordering abatement in the matter of the nuisance located at 19545 Elgin Street NW Action Motion by Second by Vote C:\Documents and Setdngs\XPMUser\Loca1 Settings\Temporuy Internet Files\OLK6G\Pool resolution for enforcement 6-7-10.doc Follow Up C:\Documents and Settings\XPMUser\Local Settings\Temporary Internet Files\OLK6G\Pool resolution for enforcement G-7-l0.doc .ver MEMORANDUM To Lori Johnson FROM Dave Hetrick DATE June 3, 2010 Subject: History of Swimming Pool Enforcement I received a complaint in April of 2008, about an in ground swimming pool without a fence. Elk River City Ordinance, Sec. 30- 1042, requires a 4' high fence with a lockable gate for all in ground swunmuig pools. The owner of the property is Brian Hansen and the address is 19545 Elgin St. which is in the Windsor Oak Hill development. I verified the complaint on April 24, 2008 and sent a notice of violation on the same day. That first notice had a due date of May 4, 2008. A follow up inspection was done and determined that no work had been done. A second notice of violation was sent on May 21, 2008 with a due date of June 2, 2008. That notice also included a reminder to get a final inspection on the pool since a building permit had been issued for the pool in 2004. On that permit, only one inspection had been done for location of pool. No other inspections have been done including important gas testing for heating of the pool. On June 3, 2008, I determined that no work had been done. It should be noted that it was around this time that the City began work on its administration citation process but it was not approved until 2009. The next complaint came in June of 2009, with an inspection the same day. Once again, no work had been done. A citation was than sent on June 26, 2009 with a $500 fine. No correspondence was made in the required 7 day period after the citation was issued. I did contact Mr. Hanson on July 7, 2009 and he assuxed me that he would put a fence up at once. I told him that I would temporarily waive the citation and to keep me informed of any delays. I received no calls or letters from Mr. Hansen the rest of that year. The next complaint came in April of 2010. An inspection was made on Apri122, 2010 and verified the complaint. A notice of violation was sent to Mr. Hansen on April 22, 2010 with a due date of Apri129, 2010. An inspection was made on April 30, 2010 and determined that no work had been done. A citation was sent on May 6, 2010 with a $500 fine. The fine was not paid and an appeal was not requested in the 7 day period after the citation was issued. CITY OF ELIC RIVER 13065 Orono Parkway Elk River, MN 55330 763-635-1000 codeconcerns@ci.elli-river.nnn.us Notice of Violation 04/24/2008 DATE: Brian Hansen TO: 19545 Elgin St Elk River, MN 55330 RE: 19545 Elgin St Elk River MN 55330 APN: CASE NUMBER: CE2008-8 The City of Elk River has received a complaint, which was subsequently confirmed by staff, that violations of the Elk River Municipal Code (ERMC) exist on your property. We are aware that violations may occur due to a lack of knowledge of the ERMC. Consequently, it is our policy to request voluntary compliance. An inspection of the above address was conducted on 04/24/2008 which revealed that those items indicated below do not conform to city codets) and reauire corrective action: Municipal Description Action required Due Date Code Sec30-1042 No fence or gate around pool Install a 4'high fence with a lockable gate 05!04/2008 around pool The City of Elk River requests your cooperation regarding this matter by correcting the above mentioned violations by the due dates} specified above. If you feel that you are, for any reason unable or unwilling to comply with the request, or if you have any questions regarding this matter, please feel free to contact me at (763) 635-1000. Failure to comply with this Notice of Violation may result in further enforcement action against you. Thank you for your cooperation and assistance in attending to this matter. Kiver Sincerely, Dave Hetrick, Code Enforcement Officer City of Elk River Cc: Brian Hansen CITY OF ELK RIVER of 13065 Orono Parkway ~~ Elk River, MN 55330 7G3-635-1000 -~-~ .~~~ codeconcerns@ci.ell~-river.mn.us DATE: Notice of Violation Second Notice 05121 i2oos Brian Hansen TO: 19545 Elgin St Elk River, MN 55330 RE: 19545 Elgin St Elk River MN 55330 APN: CASE NUMBER: CE2008-8 The City of Elk River has received a complaint, which was subsequently confirmed by staff, that violations of the Elk River Municipal Code (ERMC} exist on your property. We are aware that violations may occur due to a lack of knowledge of the ERMC, Consequently, it is our policy to request voluntary compliance. An inspection of the above address was conducted on_05/2112008 which revealed that those items indicated below do not conform to city codets) and require corrective action: Municipal Description Action required Due Date Code 30-1042 A 4' high fence with lockable gate is required Install fence and lock 6-02-08 around pool A final inspection is required per the building Cali the Building Dept. permit The City of Elk River requests your cooperation regarding this matter by correcting the above mentioned violations by the due date(s) specified above. If you feel that you are, for any reason unable or unwilling to comply with the request, or if you have any questions regarding this matter, please feel free to con#act me at (763) 635-1000. Failure to comply with this Notice of Violation may result in further enforcement action against you. Thank you for your cooperation and assistance in attending to this matter. Sincerely, Dave Hetrick, Code Enforcement Officer City of Elk River Cc: Brian Hansen CASE N0.2009-82 CITY OF ELK RIVER MUNICIPAL CITATION This citation charges you with one or more violations of the Ells River City Ordinances. You must pay the fine or request a hearing within 7 days. Failure to do so may cause this violation to be referred to the Administrative Hearing Board. For more information, see the reverse side of this form. Brian & Nata}ie Hansen 19545 Elgin St. NW Ella River, MN 5330 VIOLATION INFORMATION June 26, 2009 VIOLATIONS ORDINANCE FINE 1.No fence around in ground pool Elk River City Ordinance 30-796 4 $500. 2. 3. 4. DESCRIPTION Numerous attempts have been made to enforce this State and local ordinance (code). ^ Repeat Violation of Same Offense within 12 months. Dates of Prior Violations: 2008 Code Enforcement Officer: Dave Hetrick Date: 6-26-09 Served: ^ In Person X By Certified Mail C:\Documents and Settings\dhetrick\Desktop\Citation Form.doc Responding to the Citation You must respond to this citation within 7 days. You may pay the fine or request a hearing. railure to pay the penalty identified in this citation, or to request a hearing within 7 days after the citation, or failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and is an admission of the violation. Paying Fines You may pay the fines} listed on this citation by mailing a cashier's check or money order payable to the City of Elk Rivet, and this citation, or a copy of it to: Attention: Code Enforcement Division City of Ella River 13065 Orono Parkway F1k River, MN 55330 If you wish to pay by cash, deliver the payment to the address above in person. By paying the fine(s), you are admitting the violation. Requesting a Hearing To contest a citation, a request for an administrative hearing must be submitted in writing within 7 days of receiving the citation to the following address: Attention: Code Enforcement Division City of Elk River 13065 Orono Parkway Elk River, MN 55330 Continuing Violations A late payment fee of 10% of the fine will be assessed for each 30-day period, or part thereof, that the fine remains unpaid after the due date. Each day a violation exists constitutes a separate offense. If the violation is a continuing issue which you do not correct, the City may take additional action to ensure compliance with City Ordinance(s). Questions regarding citations shou/d be referred to 76.E 635. /0.~2. C:\Documents and Settings\dhetrick\Desktop\Citation Formdoc CITY OF ELK RIVER 13065 Orono Paxkwap Elk River, MN 55330 763-635-1000 codeconcerns@ci.ell~-river.mn.us Notice of Violation 04/22/2010 DATE: Brian Hansen TO: 19545 Elgin St Elk River, MN 55330 RE: 19545 Elgin St Elk River MN 55330 APN: CASE NUMBER: CE2009-82 The City of Elk River continually monitors health, safety, and aesthetic standards by enforcing land use requirements set by City Code. The City of Elk River has received a complaint, which was subsequently confirmed by staff, that violations of the Elk River Municipal Code (ERMC) exist on your property. We are aware that a violation may occur due to a lack of understanding of the City Code. This notification letter is sent to property owners to notify them of City Code requirements and conditions on their property which may require correction. The City requests voluntary compliance, and will work with you toward that goal. An inspection of the above address was conducted on 04/19J2010 which revealed that those items indicated below do not conform to City code(s) and require corrective action- Municipal Description Action required Due Date permit ana snail oe enciosea warn a rence rear is a minimum of 4 feet high and includes lockable gates. Fencing shall be chain link, vertical pickets or solid. Spaces between the bottom of the fence and the ground or between the pickets shall not exceed 4 inches. The City of Elk River requests your cooperation regarding this matter by correcting the above mentioned violations by the due date specified above, or by contacting Dave Hetrick, Code Enforcement Officer to establish an alternative plan. If you feel that you are, for any reason unable or unwilling to comply with the request, or if you have any questions regarding this matter, please feel free to contact my at (763) 635-1067. Failure to comply with this notice of Violation may result in further enforcement action, up to and including citation and abatement, against you. Thank you for your cooperation and assistance in attending to this matter. Sincerely, Dave Hetrick, Code Enforcement Officer City of Elk River Gc: Brian Hansen 130b5 Orono Parkway Elk River, MN 55330 May 18, 2010 Brian Hansen 19545 Elgin St. Elk River, MN 55330 Osseo, MN 55369 Dear property owner, On At~iil 222010 a notice of violation was sent to you to install a fence around your swiintning_pool as required by local ordinance. The notice of violation indicated that the fence must be installed by Apri129~2010. On Aril 30,2010, an inspection of the property indicated that no action was made, nor was any extension agreed upon. A citation was issued on May 6, 2010. The citation included opportunity to appeal within 7 days. Copies of the notice of violation and citation are attached. Your failure to pay the fine or request a hearing waives your rights to an administrative hearing and is an admission of the violation. The penalty of $500 will be increased 10% for each 30 dap period the fine remains unpaid. 'This civil penalty constitutes a personal obligation of the violator and a lien upon the real property. Alien will be assessed against the property and collected in the same mannei as taxes. Please note, the intent of the City is not to fine its residents• it purpose it to provide a safe environment Your pool without a fence has been determined as a safety concern. To alleviate this situation you must either install a fence, remove the pool and pay the citation. Any questions please call 763-635-1067. Phone: 763.635.1000 Fax: 763.635.1090 www.ci.elk-river.mn.us Sincerely, Dave Hetrick Code Enforcement Enc. Notice of Violation Citation Phone: 763.635.1000 Fax: 763.635.1090 www.ci.el k-river. mn.us CASE NO. 2009-82 CITY OF ELK RIVER MUNICIPAL CITATION This citation charges you with one or more violations of the Ella River Ciry Ordinances. You must pay the fine or request a hearing within 7 days. Failure to do so may cause this violation to be referred to the Administrative Hearing Board. For more information, see the reverse side of this form. Brian Hansen 19545 Elgin St. Elk River, MN 55330 Violation location: 19545 Elgin St. Elk Rivex, MN 55330 VIOLATION INFORMATION Date of Violation: 2008, 2009, 2010 VIOLATIONS ORDINANCE FINE All below ground pools require a building permit and shall be enclosed with a fence that is a minimum of 4 feet high and includes a lockable gate. Fencing shall be of chain link, vertical pickets or solid. Spaces between the bottom of the fence and the ground or between the pickets shall not exceed 4 inches. Sec. 30-796(4) $500 C:\Documents and Settings\dhetrick\Deskrop\Cimuon Form.doc DESCRIPTION Fine must be paid and fence needs to be installed x Repeat Violation of Same Offense within 12 months. Dates of Prior Violations: _2009 Code Enforcement Officer: Dave Hetrick Date: 5-06-2010 Served: ^ In Person X By Certified Mail C:\Documents and Settings\dhetrick\Desktop\Citation I'oxm.doc Responding to the Citation You must respond to this citation within 7 days. You map pay the fine or request a heating. Failure to pay the penalty identified in this citation, or to request a hearing within 7 days after the citation, or failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and is an admission of the violation. Paying Fines You may pay the fine(s) listed on this citation by mailing a cashier's check or money order payable to the City of Elk River, and this citation, or a copy of it to: Attention: Code Enforcement Division City of Elk River 13065 Orono Parkway Elk River, MN 55330 If you wish to pay by cash, deliver the payment to the address above in person. By paying the fine(s), you are admitting the violation. Requesting a Hearing To contest a citation, a request for an administrative hearing must be submitted in writing within 7 days of receiving the citation to the following address: Attention: Code Enforcement Division City of Ella River 13065 Orono Parkway Elk River, MN 55330 Continuing Violations A late payment fee of 10% of the fine will be assessed for each 30-day period, or part thereof, that the fine remains unpaid after the due date. Each day a violation exists constitutes a separate offense. If the violation is a continuing issue which you do not correct, the City map take additional action to ensure compliance with City Ordinance(s). Questions regarding citations shou/d be referred to 763 6.?5.1067 C:\Documents and Settings\dhetrick\Desktop\Citation Foirn.doc CITY OF ELK RIVER RESOLUTION NO. RESOLUTION DECLARING PUBLIC NUISANCE AND ORDERING ABATEMENT In the Matter of the Nuisance Located at 19545 Elgin Street N.W., Elk River, Minnesota 55330 and legally described as: Lot 5, Block 4, Windsor Oak Hill, Sherburne County, MN. WHEREAS, the property located at 19545 Elgin Street N.W., Elk River, Minnesota is in the jurisdictional boundary of the City of Elk River; and WHEREAS, the Code Enforcement Officer for the City of Elk River has determined that a public nuisance exists at the above subject property and has issued Notices of Violation and a Municipal Citation requiring abatement of said public nuisance by the property owner according to the City of Elk River Municipal Code; and WHEREAS, the property owner has failed to abate the public nuisance or request a hearing contesting the Code Enforcement Officer's determination of a public nuisance on the property; and WHEREAS, Section 46-31 of the City of Elk River Municipal Code states in part as follows: Sec.46-31. Generally. Whoever by act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (1) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public. WHEREAS, pursuant to Minn. Stat. § 412.221, Subds. 23 and 32; and Section 46-31 of the City of Elk River Municipal Code, the City Council of the City of Elk River finds the property located at 19545 Elgin Street N.W., Elk River, Minnesota to be a nuisance for the following reasons: 1. There exists a below ground pool that is not enclosed with a fence as required under Elk River City Ordinance 30-796(4). 2. The purpose of requiring fencing around below ground pools is to protect small children who may be attracted to, and wander into, the pool unsupervised. 3. The existence of a below ground pool without proper fencing creates a condition which endangers the safety of the public, especially small children who may be attracted to the pool. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA, AS FOLLOWS: 1. That pursuant to the foregoing findings and in accordance with Minn. Stat. §412.221, Subds. 23 and 32; and Section 46-31 of the City of Elk River Municipal Code, the Council orders the record owners of the above nuisance property, or their representatives, to make the following corrections on the property located at 19545 Elgin Street N.W., Elk River, Minnesota: a. Enclose the below ground pool at said address with a fence that is a minimum four feet high and includes lockable gates. The fence shall be chain link, vertical pickets or solid. Spaces between the bottom of the fence and the ground or between the pickets shall not exceed four inches. 2. That the repairs listed above must all be made within days after the order is served upon the property owner. The repairs must be completed in compliance with all applicable codes and regulations and done pursuant to proper permits from the City. 3. That unless corrective action is taken or an answer filed within 20 days from the date of service of this order upon the owner of record and all lienholders of record, a motion for summary enforcement of this order will be made to the Sherburne County District Court. 4. That if the City is compelled to take any corrective action herein, all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minnesota statutes. 5. That the City Administrator, or her designee, is authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with the abatement order and to assess the cost thereof against the real estate described above for collection along with taxes. 6. That the City Attorney is authorized to serve this order upon the owner of the premises at 19545 Elgin Street N.W., Elk River, Minnesota and all lien-holders of record. 7. That the City Attorney is authorized to proceed with the enforcement of this order. 2 Passed and adopted by the City Council of the City of Elk River this 7th day of June, 2010. Approved: Stephanie Klinzing, Mayor Attested: Tina Allard, City Clerk