8.3. SR 12-04-2017Request for Action
To
Item Number
Mayor and City Council
8.3
Agenda Section
Meeting Date
Prepared by
General Business
December 4, 2017
T. John Cunningham, Fire Chief
Item Description
Reviewed by
Code Enforcement Action for 1772 Tipton Circle
Peter Beck, City Attorney
Reviewed by
Cal Portner, City Administrator
Action Requested
Provide staff direction for proceeding with administrative and/or criminal proceedings for violations of
City Ordinances at 1772 Tipton Cir NW.
Background/Discussion
During a mandatory inspection relating to the renewal of a rental dwelling license on 08/29/2017, a
number of city ordinance violations were identified specifically as to the condition of the yard. The
property has been subject to repeated enforcement action initiated both by complaint and as part of a
license application.
The most recent exterior inspection of the property was completed on 11/17/2017. It was determined
there has been no good faith effort to bring the property into compliance with previously issued lawful
orders. Based on the history of violations and continued non-compliance with the most recent order,
staff seeks direction to pursue further administrative and/or criminal action against the property
owner(s).
This is not a public hearing; staff will be bringing forward a future request action for the recommendation
of denial of the rental license in Sec. 30-199 of the Code of Ordinances.
Financial Impact
None at this time
Attachments
■ Photos from 11/17/2017 inspection
■ Inspection report from 11/17/2017
■ Letter and inspection report from 08/31/2017
■ Inspection report from 03/03/2017
■ Inspection report from 10/11/2016
■ Inspection report from 08/11/2016
■ Inspection report from 06/07/2016
■ Request for time extension (by attorney) on 09/29/2017
■ Request for time extension (by tenant) on 09/28/2017
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EL�cRiVER Elk River Fire Department
FRe 13073 Orono Parkway
• Elk River, MN 55330
763.635.1100
aescoE www.ElkRiverMN.gov/Fire
ERE DEwnaTMENT
Inspection Report Report Date:11/29/17 14:40
Phoenix ID:
Occupant: 1772 Tipton Cir NW
2241
Violations(S) 75-535-0115
Address: 1772 Tipton Cir NW, Elk River, MN 55330
Building Status: In Normal use
Block: Lot: Tenant Occupied? Yes
Reg.Date: 06/01/2016
Municipality: Elk River Apartments? No
Land Use Code:
Type of Ownership: Individual Seasonal? No
LHU Code:
Periodic Inspection Data
Inspection Zone: Rental Dwelling
Inspection Checklist: IPMC Hours of Operation:
(Single Family)
Cycle: No Cycle
Inspection Group: Last Inspected on: 11/17/2017
Base Month:
Parent Registration:
Due:
Custom: 1
Contacts
Agency Type Order
Name Address Phone# 1 Phone# 2
FD Building Owner 0
Rasmunsson, Pat -
FD Building Owner 1
Rasmusson, Gary _
FD Building Owner 2
Rasmusson, Patricia -
Bill & Notices To: Rasmunsson, Pat
Inspection Details
Date of this Inspection :
11/19/2017
Date of re -inspection due :
12/17/2017
Inspected By :
Cunningham, T. John-863
Type of Inspection :
Rental Dwelling
Inspection Times:
Start : 15:00 End: 15:00 Duration: 0.00
Property
Property Use: 419 - 1-
or 2-family dwelling, detached, manufactured home, mobile home not in transit, duplex.
Complex: SFH -Single Family Home
Use Group :
Additional Uses:
Construction
Construction:
Construction Year:
Bearing Walls:
#of Floors:
Ceiling:
Electrical Wiring:
Trusses:
Electric:
Roof Covering:
Truss Floor:
Heating:
Truss Roof:
Floor Construction:
#of Stairwells: #Enclosed:
ExitDoors/#of Exits:
Entry points:
ProPhoenix rev. 03/15/2016 1 of 3
EL�cRiVER
Elk River Fire Department
FRe
13073 Orono Parkway
•
Elk River, MN 55330
763.635.1100
aescoE
www.ElkRiverMN.gov/Fire
T
ERE oErwaTMEN
Inspection Report
FireWalls:
Egress Lighting:
Valid C.O.?
Others
Attic? No
Basement? No
Roof Hatches? No
Skylights? No
Report Date:11/29/17 14:40
Exit Signs? No
Emergency Light? No
Extinguishers? No
Total Sq.Feet:
Type:
RDL - Rental Dwelling Seq#: 1 Is Inspection Required:
Yes
Inspection
Location:
SFD Building/Property Cycle:
Annual
Test Company:
Base Month:
July
Inspection Type:
Rental Dwelling Last Test Date:
08/29/2017
# Dwelling Units:
Due:
07/01/2018
Custom2:
Test Records?
No
Cooking Protected?
No Cooking Protected Test
No
Records?
Comments:
Violation History (Maintenance:
0 Retrofit: 0 )
Violation #7:
Floor / Location:
General / Backyard
Code Section:
ELK Sec. 46-34. (a) (2)
Status:
Abate By: 09/28/2017
Description:
All inoperable and/or unlicensed vehicles, machinery, and junk must be cleared. This is also in violation with the
International Property Maintenance Code section 302.8 Motor Vehicles.
Violation #8:
Floor / Location:
General / Backyard
Code Section:
ELK Sec. 46-32. (a) (5)
Status:
Abate By: 09/28/2017
Description:
This is also in violation of The International Property Maintenance Code section 302.1 Sanitation.
Violation #9:
Floor / Location:
General / Home Exterior
Code Section:
IPMC, 304.2
Status:
Abate By: 09/28/2017
Description:
The siding on the home is in need of repair, any holes, decaying wood product, and flaking paint shall be restored.
Violation #10:
Floor / Location:
General / Backyard
Code Section:
ELK Sec. 30-934. (a) (3)
Status:
Abate By: 09/28/2017 Recurring Violation
Description:
Previously cited on 03/03/2017. All vehicles must be removed from landscaped areas.
Violation #11:
Floor / Location:
General / Backyard
Code Section:
ELK Sec. 30-934. (a) (2)
Status:
Abate By: 09/28/2017 Recurring Violation
Description:
Previously cited on 03/03/17. Yard must be kept neat, clean, and uncluttered.
ProPhoenix rev. 03/15/2016
2 of 3
EL�cRiVER
Elk River Fire Department
FRe
13073 Orono Parkway
•
Elk River, MN 55330
763.635.1100
aescoE
www.ElkRiverMN.gov/Fire
T
ERE oErwaTMEN
Inspection Report
Report Date:11/29/17 14:40
Remarks: On November 17, 2017, I, Chief T. John Cunningham, completed an exterior visual inspection of property located at 1772 Tipton
Cir. NW in Elk River, MN. Accompanying me was Deputy Chief Aaron Surratt. The inspection was done from public property and from an
adjacent property after receiving permission from the property owners. The purpose of the inspection was to verify compliance with an
Order of Violations/Order to Correct that was previously sent relating to an application for a rental dwelling license. During the inspection, I
found a large amount of refuse and discarded items throughout the backyard, including trash, vehicles, and abandoned machinery. A white
pickup was parked directly in front of subject property, with visible tire tracks in the grass/dirt leading to the yard, indicating ability to
maneuverer to/from property from Tipton Cir. NW. Based on what was observed and documented during the inspection, the property is still
not in compliance with applicable city ordinances and there has been no good faith attempt to abate the violations that were previously
documented. Based on lack of progress and continued non-compliance with lawful orders and city ordinances, I am recommending denial
of a rental license in accordance Sec. 30-199 of the Elk River Code of Ordinances. Note: attempted to make contact with registered
property owners multiple times prior to re -inspection; calls unanswered and went to fast busy signal. Requests for time extensions are
denied. Updated photos added as attachment.
Notes
08/30/2017 13:43 ER869 - Schwichtenberg, Paula M
We may have to change back and forth for the property addresses. They go to Bonita Springs (July to Oct) the rest of the time they are at
Hickory Blvd. / ps
03/21/2017 13:05 ER420 - Hetrick, David J
Pat Rasmussen called and we discussed property. �)
10/11/2016 11:09 ER420 - Hetrick, David J
Property was cleaned up and case is closed.
ProPhoenix rev. 03/15/2016 3 of 3
August 31, 2017
Gary and Patricia Rasmusson
Dear Gary and Patricia,
Sent Via Certified Mail
Copy also sent (via USPS regular mail) to:
Mff��
The city is in receipt of your Rental Dwelling License Renewal Application and has completed the
necessary inspection of the property located at 1772 Tipton Cir NW (Phoenix ID 2241). It has been
identified that there are multiple recurring violations that have not been abated.
The enclosed Notice of Violations and Order to Correct contains additional information regarding
the violations and the timeframe that they must be abated. All violations must be abated by the date
listed on the notice; failure to comply will result in further action, up -to and including the
suspension, revocation, denial, or non -renewal of the rental license. In the event the violations are
not abated and a rental dwelling license is suspended, revoked, denied, or not renewed, no new
application may be made for the same facility for up to one year and a reinstatement fee of $1,500
will be assessed. I have enclosed a copy of Sec. 30-199 of the Code of Ordinances that pertains to
the license suspension, revocation, denial, and non -renewal of rental dwellings.
No time extensions will be granted for recurring violations or for violations that have passed the
"abate by" date. Furthermore, failure to comply with the order does not excuse the owner from
compliance with applicable local, state, or federal laws.
If you have any questions regarding the Notice of Violations and Order to Correct, please contact
the inspector, Jeff Smith, at 763.635.111 L
Sincerely,
L
Fire Chief
CC: Jeff Smith, Inspector
Paula Schwichtenberg, Permit Technician
13073 Orono Parkway
Elk River, MN 55330
763.635.1100
10VIREi I
NATUREI
,,vww.E1kRiver'MN.gov/Fire
Elk River Fire Department
13073 Orono Parkway
Elk River, MN 55330
763.635.1100
www.ElkRiverMN.gov/Fire
To: Rasmusson, Patricia
Municipality: Elk River
Inspected on: August 29, 2017
Inspected by: Jeffrey J.Smith
Premises: 1772 Tipton Cir NW
1772 Tipton Cir NW
Elk River, MN 55330
OWNER
Rasmusson, Gary
Phoenix ID:
PID:
NOTICE OF VIOLATIONS
and
ORDER TO CORRECT
LHU Classification
AGENT
Inspection Type: Rental Dwelling
Use Group:
2241
75-535-0115
TENANT/OPERATOR
This is to notify you that the Elk River Fire Department conducted an inspection on the aforementioned premises on the above
date. The attached report shows areas that do not comply with applicable local, state and/or federal law.
ORDER TO COMPLY: Since these conditions are contrary to law and pose a threat to the health, safety and welfare of the
public and occupants, you must correct them upon receipt of this notice within the time, or by the date, specified on the attached
page(s). If a re -inspection discloses that violations have not been corrected, and a written extension has NOT been requested
and granted, you may be subject to further administrative and/or criminal penalties as provided for by law.
If this inspection is related to an outstanding license or permit application, no such license or permit will be granted unless these
violations are corrected or a request for a temporary license/permit is granted.
If you do not understand this Notice, need assistance, or desire further information, please call the Fire & Building Safety
Division at 763.635.1060.
Once you have corrected the outstanding violation(s), please contact us to schedule a re -inspection.
Inspector:
Jeffrey J.Smith, Inspector
Signature of Owner or Representative
By: la-
e
T. John Cunningham, Fire Chief
Printed Name of Owner or Representative
08/29/17
Date
APPEAL RIGHTS -EXTENSIONS: See the attached page of information concerning your administrative appeal rights, authorized penalties
and the procedure for requesting an extension of time in which to correct violations.
Page#: 1
Violations
Premises-
1772 Tipton Cir NW PID:
Address:
1772 Tipton Cir NW Phoenix I❑
Elk River, MN 55330
Owner:
Rasmunsson, Pat
Address:
The Violations cited on the above premises are as follows:
Number
Description Floor
Abate By
Location: Backyard
7
Category 1 Nature:
09/28/17
Code Section: ELK Sec. 46-34. (a) (2)
Description: All inoperable and/or unlicensed vehicles,
machinery, and junk must be cleared, This is also in
violation with the International Property Maintenance
Code section 302.8 Motor Vehicles.
Location: Backyard
8 Category 1 Nature:
09/28/17
Code Section: ELK Sec. 46-32. (a) (5)
Description: This is also in violation of The International Property
Maintenance Code section 302.1 Sanitation.
Location: Home Exterior
;
9
Category / Nature:
09/28/11
Code Section: IPMC, 304.2
Description: The siding on the home is in need of repair, any
holes, decaying wood product, and flaking paint shall
be restored.
75-535-0115
2241
U/A
Location: Backyard
10 Category 1 Nature: 09/28/17 RV
Code Section: ELK Sec. 30-934. (a) (3)
Description: Previously cited on 03/0312017. All vehicles must be
removed from landscaped areas.
Location: Backyard
11 Category / Nature: 09/28/17 RV
Code Section: ELK Sec, 30-934. (a) (2)
Description: Previously cited on 03/03/17. Yard must be kept
neat, clean, and uncluttered.
t31A U/A
Key: The numbering of violations is for identification purposes only and shall not be construed as bearing in any way on the
seriousness of any violation.
"U" Unabated - Violation uncorrected
"A" Abated - Violation corrected
"W" - Violation is withdrawn
"R" - Violation is Recommended
"W - Void
"TE" - Time Extension
*RV* denotes recurring violation.
Page#: 2
Premises: 1772 Tipton Cir NW 111D 75-535-0115
Address: 1772 Tipton Cir NW
Violation#: 7
Violation#: 8
Violation#: 9
Violation#: 10
Violation#: 11
Elk River, MN 55330
ADDITIONAL EXPLANATION
Chapter 46 NUISANCES [1)
ARTICLE II. PUBLIC NUISANCES [2]
Sec. 46-34. Public nuisances affecting peace and safety,
(a) The following shalt be declared to be nuisances affecting public peace and
safety:
(2) The piling, storing or keeping of old machinery, junk, junk vehicles or
inoperable vehicles, unlicensed vehicles, debris or abandoned motor vehicles as
defined by Minn. Stats. ch. 1 F8B.
Chapter 46 NUISANCES [1]
ARTICLE II. PUBLIC NUISANCES [2]
Sec. 46-32. Public nuisances affecting health.
(a) The following are declared to be nuisances affecting public health:
(5) Accumulations of manure, rubbish, tin cans or other debris.
CHAPTER 3 GENERAL REQUIREMENTS
SECTION 304 EXTERIOR STRUCTURE
304.2 Protective treatment. All exterior surfaces, including but not limited to, doors,
door and window frames, cornices, porches, trim, balconies, decks and fences,
shall be main- tained in good condition. Exterior wood surfaces, other than decay -
resistant woods, shall be protected from the elements and decay by painting or
other protective covering or treat- ment. Peeling, flaking and chipped paint shall be
eliminated and surfaces repainted. All siding and masonry joints, as well as those
between the building envelope and the perimeter of windows, doors and skylights,
shall be maintained weather resistant and water tight. All metal surfaces subject to
rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces
with rust or corrosion shall be stabilized and coated to inhibit future rust and
corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this require- ment. [F]
Chapter 30 LAND DEVELOPMENT REGULATIONS [1]
ARTICLE VI. ZONING
DIVISION 5 SUPPLEMENTAL REGULATIONS
Sec, 30-934_ Landscaping.
(a) General requirements. The following general requirements are applicable to all
districts:
(3) No landscaped area shall be used for the parking of vehicles or the storage or
display of materials, supplies or merchandise.
Chapter 30 LAND DEVELOPMENT REGULATIONS [1]
ARTICLE VI. ZONING
DIVISION 5 SUPPLEMENTAL REGULATIONS
Sec, 30-934. Landscaping.
(a) General requirements. The following general requirements are applicable to all
districts:
(2) All landscaped areas shall be kept neat, clean and uncluttered.
Page* 3
A copy of applicable local, state and federal code books as referenced in this Notice are available to review at the Elk River City Hall (13065 Orono Parkway NW, Elk River, MN 55330)
during regular business hours.
• MSFC: 2007 Minnesota State Fire Code as adopted by the State of Minnesota.
• IPMC: 2012 International Property Maintenance Code as adopted by the City of Elk River.
• COER: Code of Ordinances as adopted by the City of Elk River
Appeals
The following outlines the appeals processes available those affected by this Notice
l irelLife Safety Inspections (Minnesota State Fire Code)
MSFC 108.1 Appeals to the state fire marshal. As outlined in Minnesota Statutes, section 299F.011, subdivisions 5 and 5b, any person may appeal an order issued to them by the
state fire marshal or action taken by the local governing body on issues regulated by this code. Appeals can be made to determine the suitability of alternate materials and types of
construction, to provide for reasonable interpretations of the provisions of this code, and to grant variances from orders issued by representatives of the state fire marshal. Persons
wishing to present matters for appeal shall do so in writing and, in the case of persons who have received written orders, applications for variances shall be made prior to the expiration
of the orders. Orders shall not be considered to be expired until any time extensions granted by the state fire marshal have elapsed. The state fire marshal shall not accept
applications for variances after criminal action for noncompliance has been initiated pursuant to Minnesota Statutes, section 299F.011, subdivision 6.
Rental Dwelling Licensing (International Property Maintenance Code)
IPMC 111.1 Means of Appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of
appeals, provided that a written applicali for appeal is filed within 20 days after the day of the decision, notice or order was served. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adapted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this
code are adequateiy satisfied by other means.
Address
The official mailing and notification address for the City of Elk River is 13065 Orono Parkway, Elk River, MN 55330.
Page#: 4
Violations
a 1,57 1 t i rk7Sfze,*,,,
Premises:
1772 Tipton Cir NW PID.
Address:
1772 Tipton Cir NW Phoenix ID
Elk River, MN 55330
Owner:
Rasmunsson, Pat
Address:
11111110
The Violations cited on the above premises are as follows:
75-535-0115
2241
Number
Description Floor
Location: Entire property.
Abate By
U1A
U/A
UTA
4
Category / Nature:
07/11117
Code Section: ELK Sec. 30-934. (a) (3)
Description: Remove all vehicles from property that are not
licensed, are not in operating condition, and are not
on an approved surface.
Location: Entire property.
i
5
Category / Nature:
07/11/17
Code Section: ELK Sec. 30-934. (a) (2)
Description: Clean up entire yard.
Location: Entire property.
6
Category / Nature: --
07/11/17
Code Section: ELK See.46-31. (1)
Description: This is the second notice. Yard must be cleaned up
of all ordinance violations and not just put behind the
fence.
Key: The numbering of violations is for identification purposes only and shall not be construed as bearing in any way on the
seriousness of any violation.
"U" Unabated - Violation uncorrected
"A" Abated - Violation corrected
"W" - Violation is withdrawn
"R" - Violation is Recommended
W" - Void
"TE" - Time Extension
*RV* denotes recurring violation.
Page#: 2
Premises 1772 Tipton Cir NW PID 75-535-0115
Address: 1772 Tipton Cir NW
Elk River, MN 55330 1 � � � �3 ftcC I,}
ADDITIONAL EXPLANATION
Violation#: 4
Chapter 30 LAND DEVELOPMENT REGULATIONS [1]
ARTICLE VI. ZONING
DIVISION 5 SUPPLEMENTAL REGULATIONS
Sec. 30-934. Landscaping.
(a) General requirements. The following general requirements are applicable to all ; `._.°n_t
districts:
(3) No landscaped area shall be used for the parking of vehicles or the storage or
display of materials, supplies or merchandise.
Violation#: 5
Chapter 30 LAND DEVELOPMENT REGULATIONS [1]
ARTICLE VI. ZONING
DIVISION 5 SUPPLEMENTAL REGULATIONS
Sec. 30-934. Landscaping.
(a) General requirements. The following general requirements are applicable to all
districts:
(2) All landscaped areas shall be kept neat, clean and uncluttered.
Violation#:6 --
Chapter46 NUISANCES [1]
ARTICLE ll. PUBLIC NUISANCES [2]
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.
Page#.3
8/31/2017 Elk River, MN Code of Ordinances
Sec. 30-199. - License suspension, revocation, denial and non -renewal.
(a) Process for consideration of license suspension, revocation, denial or non -renewal.
(1) No action will be taken by the city council to revoke, suspend, deny, or not renew a rental dwelling
license without a public hearing and written notice of that hearing is sent to the owner and affected
tenants a minimum of ten days prior to the hearing.
(2) The city council shall give due regard to the frequency and seriousness of the violations, the ease
with which such violations could have been cured or avoided and good faith efforts to comply.
(3) The city council shall issue a decision to revoke, suspend, deny or not renew a rental dwelling
license only upon written findings.
(4) Upon a decision to revoke, suspend, deny or not renew a license, no new application for the same
facility will be accepted for a period of time specified in the city council's written decision, not
exceeding one year. Such new applications shall be accompanied by a reinstatement fee as
required by this article.
(5) The city council may suspend, revoke, deny or not renew a license for part or all of a facility.
(6) A written decision to revoke, suspend, deny or not renew a rental dwelling license or application for
part of a facility shall specify the part or parts of the facility to which it applies. Thereafter, and until
a rental dwelling license is reissued or reinstated, no rental dwellings becoming vacant in such part
or parts of the facility may be re -let or occupied.
Revocation, suspension, denial or non -renewal of a rental dwelling license shall not excuse the
owner from compliance with all terms of this article for as long as any units in the facility are
occupied.
b. Failure to comply with all terms of this article during the term of revocation, suspension, denial
or non -renewal is a misdemeanor and grounds for extension of the term of such revocation or
suspension or continuation of non -renewal, or for a decision not to reinstate the license,
notwithstanding any limitations on the period of suspension, revocation, denial or non -renewal
specified in the city council's written decision.
(b) Suspension.
(1) The city council may suspend a rental dwelling license under the following circumstances:
Failure to correct deficiencies noted in notices of violation within the time specified in the
notice.
b. Failure to pay any rental dwelling license, inspection or reinstatement fee required by this
article.
Any other violation of the building code or the property maintenance, zoning, environmental or
utility chapters of the city code.
d. Any specific provisions of the city ordinances that include suspension as a remedy (i.e. nuisance
calls, etc.).
(2) Additional standards related to suspension of a rental dwelling license:
https:lllibrary.municode.comlmnlelk_rivertcodesfcode_of_ordinances?nodeld=COOR_CH30LADERE_ARTIIIREREPRST 113
8/31/2017 Elk River, MiV Code of Ordinances
a. A reinstatement fee as established by the city council shall be paid prior to reinstatement of a
rental dwelling license that has been suspended.
b. In addition to the reinstatement fee, the city may issue a citation for the applicable violations.
While under suspension, the owner cannot tease the affected unit and/or facility to a new
tenant.
d. The suspension shall be for a period of up to six months unless otherwise regulated by this
article.
(c) Revocation.
(1) The city council may revoke a rental dwelling license under the following circumstances:
a. When an owner has not complied with reinstatement criteria.
b. When it is found that an owner has given false statements on any application or other
information or report required by this article to be given by the applicant or owner.
c. When it has been determined through an inspection that major life/safety issues exist on the
property.
d. When the owner or agent has been convicted of a crime related to the type of business
licensed and failure to show, by competent evidence, rehabilitation and present fitness to
perform the duties of the business.
e. Operating or allowing the rental property to be used in such a manner as to constitute a breach
of the peace, a menace to health, safety, and welfare of the public or a disturbance of the
peace or comfort of the residents of the city, upon recommendation by the police chief.
Failure to schedule and/or allow rental or building inspections of the licensed premises, for the
purpose of ensuring compliance with rental dwelling license requirements, city code
requirements, state building codes, or other applicable state or federal law.
g. Real estate or personal property taxes on the business have become delinquent and the owner
and the applicant are the same person or entity, or have any common ownership where they
are a different person or entity.
Failure to actively pursue the eviction of tenants who have violated the provisions of the crime
free lease addendum.
Any specific provisions of the city ordinances that include revocation as a remedy (i.e. nuisance
calls, etc.).
j. Other good cause as determined by the city council.
(2) Additional standards related to revocation of a rental dwelling license:
a. A reinstatement fee as established by the city council shall be paid prior to reinstatement of a
rental dwelling license that has been revoked.
b. In addition to the reinstatement fee, the city may issue a citation for the applicable violations.
c. While under revocation, the owner cannot extend the lease of an existing tenant and cannot
lease the affected unit to a new tenant.
https:illibrary.municode.com/mnlelk_river/codes/code_of ordinances?nodeld=COOR_CH30LADERE_ARTIIIREREPRST 213
8131/2017
Elk River, MN Code of Ordinances
d. The revocation shall be for a period of up to one year.
(Ord. No. 16-12, § 1, 6-6-2016)
hffps:!llibrary.municode.comlmn/elk river/codes/code_of_ordinances?nodeld=COOR_CH30LADERE_ARTII IRE REP RST 313
March 3, 2017
Rasmusson, Gary
Rasmusson, Patricia
Re: City Code Violations at 1772 Tipton Cir NW
Dear Gary Rasmusson:
The City of Elk River is conducting an investigation into a possible city ordinance
violation(s) of your property located at 1772 Tipton Cir NW. An Elk River city official
conducted a preliminary inspection of your property on 03/03/2017 at 10:09AM, which
revealed possible violations of the City Code.
Your immediate attention to this matter is required.
Please refer to the attached documentation to determine the corrective action(s)
necessary for bringing your property into compliance. Please contact the inspector,
David Hetrick at 763.635.1067 or via email dhetrick@elkrivermn.gov if you require
additional information/clarification, or feel that this notice has reached you in error.
Please note that all violations must be corrected (abated) by the date(s) outlined on the
attached notice. If you are unable to complete the required correction(s) by the date(s)
provided, you must submit a written Request for Extension prior to the abatement date.
If you have since corrected the violation(s), please contact the Fire & Building Safety
Division at 763.635.1060 to schedule a re -inspection.
Your attention to this matter is greatly appreciated.
Sincerely,
David Hetrick, Inspector
13073 Orono Parkway
Elk River, MN 55330
763.635.1100
www.ElkRiverMN.gov/Fire
Phoenix ID: 2241
Pot P911ip1r
NATURE
Frequently Asked Questions
What is code enforcement?
The Elk River City Council has established goals and expectations for the general health,
safety, welfare, and aesthetic standard of the community.
These expectations are adopted as law in the City Code of Ordinances. The Code
Enforcement Division provides enforcement services for nuisance violations of the City
Code of Ordinances that impact the safety and quality of life of the community. While
code enforcement primarily maintains quality of life standards, it also plays an important
role in the early identification and mitigation of unsafe entry points, exterior hazards,
public health hazards, and compliance with humane pet standards.
How is the complaint process initiated?
The code enforcement process is typically initiated in several ways: 1) in response to a
complaint by an individual, 2) as a consequence of an action (i.e., an application for a
building permit or a request for a zoning variance); or (3) observation of a code violation
by the code enforcement division or other city public safety staff.
Minnesota state law prohibits the release of the identity of individuals who make a
complaint. Minn. Stat. § 13.44 states: The identities of individuals who register
complaints with government entities concerning violations of state laws or local
ordinances concerning the use of real property are classified as confidential data,
pursuant to section 13. 02, subdivision 3.
Why am I receiving a formal letter and not a courtesy phone call?
Your property has one or more city code violations. The city, in most circumstances, is
required to provide a written notification to the owner of the property.
What happens if I ignore this order?
Additional penalties including criminal prosecution, is possible. Your immediate attention
is required. Do not ignore this order.
What if my tenant is the party responsible for creating the violation?
You are receiving this notice because you are the owner of record and are ultimately
responsible for ensuring that the violation(s) listed in this notice are corrected. You may
also be subject to fees for corrective action initiated by the city and/or fines for failure to
comply.
Violations
Premises: 1772 Tipton Cir NW
Address: 1772 Tipton Cir NW
Elk River, MN 55330
Owner: Rasmusson, Gary
Address:
The Violations cited on the above premises are as follows:
Page#:
3
PID M
75-535-0115
Phoenix ID#:
2241
Initial Inspected on:
03/03/17
Last Inspected on:
03/03/17
Initial Inspector:
Hetrick, David J
Number
Description Floor
Abate By
U/A
U/A
U/A
Location: Entire property.
4
Code Section: ELK Sec. 30-934. (a) (3)
07/11/17
Description: Remove all vehicles from property that are not
licensed, are not in operating condition, and are not
on an approved surface.
Location: Entire property.
5
Code Section: ELK Sec. 30-934. (a) (2)
07/11/17
Description: Clean up entire yard.
Location: Entire property.
6
Code Section: ELK Sec. 46-31. (1)
07/11/17
Description: This is the second notice. Yard must be cleaned up of
all ordinance violations and not just put behind the
fence.
Key: The numbering of violations is for identification purposes only and shall not be construed as bearing in any way on the
seriousness of any violation.
"U" Unabated - Violation uncorrected
"A" Abated - Violation corrected
"W" - Violation is withdrawn
"V" - Void
"TE" - Time Extension
"RV" denotes recurring violation.
Code References:
ELK = Elk River Code of Ordinances
Premises: 1772 Tipton Cir NW
Address: 1772 Tipton Cir NW
Violation #: 4
Violation #: 5
Violation #: 6
Elk River, MN 55330
PID #: 75-535-0115
Initial Inspected on: 03/03/17
Last Inspected on: 03/03/17
Page#: 4
ADDITIONAL EXPLANATION
Chapter 30 LAND DEVELOPMENT REGULATIONS [1]
ARTICLE VI. ZONING
DIVISION 5 SUPPLEMENTAL REGULATIONS
Sec. 30-934. Landscaping. C
(a) General requirements. The following general requirements are applicable to all
districts:cx
(3) No landscaped area shall be used for the parking of vehicles or the storage or
display of materials, supplies or merchandise.
Chapter 30 LAND DEVELUPMENT REGULATIUNS [1]
ARTICLE VI. ZONING
DIVISION 5 SUPPLEMENTAL REGULATIONS
Sec. 30-934. Landscaping.
(a) General requirements. The following general requirements are applicable to all
districts:
(2) All landscaped areas shall be kept neat, clean and uncluttered.
Chapter 46 NUISANCES [1]
ARTICLE Il. PUBLIC NUISANCES [2]
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.
Appeals
You have the right to appeal this determination. The process is outlined in the city's Code of Ordinances, a summary of which is provided below. Applications, forms and the city's
adopted fee schedule can be found online at www.ElkRiverMN.gov and are also available at City Hall (13065 Orono Parkway NW).
Sec. 30-633 - Appeals adjustments and variances generally
(a) The board of adjustments has the following powers with respect to this article:
(1) Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the land development staff in the enforcement of this
article.
(2) Hear requests for variances from the literal provisions of this article.
(b) The board shall provide for a record of its proceedings which shall include minutes of meetings, findings, and the action taken on an appeal or variance, including its final order and
any conditions established in connection therewith.
Sec. 30-634 - Appeals
(a) An appeal as specified in section 30-633 may be made by any person (appellant), including a city officer or employee, affected by an action of the land development staff. An appeal
may be made only following the transmission of a written notice of appeal upon a form provided by the city which specifies the subject and grounds therefor. Such notice must be
received by the director of planning within 60 days following the issuance of the order, requirement, decision or determination which is the subject of the appeal.
(b) The board, on appeal, may reverse, affirm or modify any order, requirement, decision, or determination from which an appeal has been taken, provided that any decision shall be
consistent with this article. All final decisions of the board regarding appeals or variances shall be by written order. In making orders the board shall have the powers of the administrative
official from whom the appeal is taken.
Sec. 30-636 - Hearings
On receipt of a request for a variance or notice of appeal, the board of adjustments shall set a date for a hearing thereon, which shall occur not later than 30 days following the city's
receipt of the request or notice. Not less than ten days before the date of the hearing, notice of the hearing shall be mailed to the petitioner or appellant, be published in the official
newspaper, and be mailed to each owner of property situated wholly or partly within 350 feet of the property to which the variance or appeal relates. Failure of a property owner to
receive notice shall not invalidate the hearing or proceeding.
Sec. 30-637 - Decisions
Within 30 days after the hearing, the board of adjustments shall make a decision on the matter, which shall be transmitted to the appellant or petitioner by mail. The board shall act to
approve, deny or approve with conditions the appeal or request for a variance. Decisions of the board to approve or approve with conditions an appeal or request for a variance shall be
final unless appealed to the city council, and shall be effective on the 11 th day following the decision by the board unless an appeal to the city council is filed. Decisions of the board to
deny an appeal or a variance shall not be final and shall be reviewed by the city council in the same manner as an appeal of a decision by the board.
Sec. 30-638 - Appeals from decisions of board
(a) Any person aggrieved by a decision of the board of adjustments on an appeal or a variance, including any city official or employee, may appeal that decision to the city council.
Appeals must be in writing and filed with the city planning department within ten calendar days of the board's decision.
(b) The city council shall hear appeals from decisions of the board within 30 days of the filing of the appeal, unless that period is extended with the consent of the person who appealed
to the city council and the person who applied to the board, and both of whom shall receive written notice of the date and time when the city council will hear the appeal. The city council
may reverse, affirm or modify, wholly or partly, the decision of the board, and shall have all the powers of the board in acting on appeals.
Nuisances and abatement by the city
Chapter 46 of the Elk River Code of Ordinances addresses nuisances. If the attached notice contains violations pertaining to Chapter 46, notice is hereby given that the city may, at its
discretion, abate the nuisance as outlined in Sec. 46-38:
(a) Upon discovering a public nuisance under the provisions of this article the city administrator or designee shall serve a notice upon the owner of the property upon which the nuisance
exists. Such notice shall be given by certified mail at the last known address as shown on the property tax records of the county. Such notice shall advise that a nuisance exists and
require the property owner to abate the nuisance within a reasonable time, as established by the city administrator or designee and stated in the notice. Such time shall not be less than
14 days. Such notice shall also advise the property owner of the right to request a hearing before the city administrator or designee to contest the contents of the notice.
(b) If requested by the person upon whom the notice is served under subsection (a) of this section, a hearing before the city administrator or designee shall be held at which the person
may contest the contents of the notice. The request for such a hearing must be made within five days after receipt of the notice provided for in subsection (a) of this section. After such
hearing the city administrator or designee may affirm the notice, modify the notice or quash the notice.
(c) If the property owner does not abate the nuisance as required by the notice provided for in subsection (a) of this section and has not requested a hearing before the city administrator
or designee under subsection (b) of this section, authorized agents of the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against
the property upon which the nuisance was located.
(d) If the property owner requests a hearing before the city administrator or designee under subsection (b) of this section, no abatement actions shall be taken until the hearing is held. If
after the hearing the city administrator or designee affirms or modifies the notice and the nuisance is not abated as provided in the notice as affirmed or modified, authorized agents of
the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against the property upon which the nuisance was located.
(e) Nothing in this section prevents abatement by the city of a public nuisance without notice and hearing in the case of an emergency in which there is an immediate and direct threat to
the public health or safety. The expense of such an emergency abatement shall be collected as a special assessment against the property upon which the nuisance was located.
Requests for a hearing with the city administrator must be made in writing within the timeframe noted above. The address for the city administrator is 13065 Orono Parkway NW, Elk
River. MN 55330.
October 11, 2016
Rasmusson, Gary
Rasmusson, Patricia
Re: City Code Violations at 1772 Tipton Cir NW
Dear Gary Rasmusson:
The City of Elk River is conducting an investigation into a possible city ordinance
violation(s) of your property located at 1772 Tipton Cir NW. An Elk River city official
conducted a preliminary inspection of your property on 10/11/2016 at 11:OOAM, which
revealed possible violations of the City Code.
Your immediate attention to this matter is required.
Please refer to the attached documentation to determine the corrective action(s)
necessary for bringing your property into compliance. Please contact the inspector,
David Hetrick at 763.635.1067 or via email dhetrick@elkrivermn.gov if you require
additional information/clarification, or feel that this notice has reached you in error.
Please note that all violations must be corrected (abated) by the date(s) outlined on the
attached notice. If you are unable to complete the required correction(s) by the date(s)
provided, you must submit a written Request for Extension prior to the abatement date.
If you have since corrected the violation(s), please contact the Fire & Building Safety
Division at 763.635.1060 to schedule a re -inspection.
Your attention to this matter is greatly appreciated.
Sincerely,
David Hetrick, Inspector
13073 Orono Parkway
Elk River, MN 55330
763.635.1100
www.ElkRiverMN.gov/Fire
Phoenix ID: 2241
Pot P911ip1r
NATURE
Frequently Asked Questions
What is code enforcement?
The Elk River City Council has established goals and expectations for the general health,
safety, welfare, and aesthetic standard of the community.
These expectations are adopted as law in the City Code of Ordinances. The Code
Enforcement Division provides enforcement services for nuisance violations of the City
Code of Ordinances that impact the safety and quality of life of the community. While
code enforcement primarily maintains quality of life standards, it also plays an important
role in the early identification and mitigation of unsafe entry points, exterior hazards,
public health hazards, and compliance with humane pet standards.
How is the complaint process initiated?
The code enforcement process is typically initiated in several ways: 1) in response to a
complaint by an individual, 2) as a consequence of an action (i.e., an application for a
building permit or a request for a zoning variance); or (3) observation of a code violation
by the code enforcement division or other city public safety staff.
Minnesota state law prohibits the release of the identity of individuals who make a
complaint. Minn. Stat. § 13.44 states: The identities of individuals who register
complaints with government entities concerning violations of state laws or local
ordinances concerning the use of real property are classified as confidential data,
pursuant to section 13. 02, subdivision 3.
Why am I receiving a formal letter and not a courtesy phone call?
Your property has one or more city code violations. The city, in most circumstances, is
required to provide a written notification to the owner of the property.
What happens if I ignore this order?
Additional penalties including criminal prosecution, is possible. Your immediate attention
is required. Do not ignore this order.
What if my tenant is the party responsible for creating the violation?
You are receiving this notice because you are the owner of record and are ultimately
responsible for ensuring that the violation(s) listed in this notice are corrected. You may
also be subject to fees for corrective action initiated by the city and/or fines for failure to
comply.
Violations
Premises: 1772 Tipton Cir NW
Address: 1772 Tipton Cir NW
Elk River, MN 55330
Owner: Rasmusson, Gary
Address:
Mail:
The Violations cited on the above premises are as follows:
Number Description Floor
Page#: 3
PID #: 75-535-0115
Phoenix ID#: 2241
Initial Inspected on: 10/11/16
Last Inspected on: 10/11/16
Initial Inspector: Hetrick, David J
Abate By I U/A I U/A I U/A
Location: Entire property.
1 Code Section: ELK Sec. 46-34. (a) (2) 10/11/16 U
Description: Property needs to be cleaned up. Remove all vehicles
that are on grass, not licensed or are not in operating
condition. Remove all debris from property.
Key: The numbering of violations is for identification purposes only and shall not be construed as bearing in any way on the
seriousness of any violation.
"U" Unabated - Violation uncorrected
"A" Abated - Violation corrected
"W" - Violation is withdrawn
"V" - Void
"TE" - Time Extension
*RV* denotes recurring violation.
Code References. -
ELK = Elk River Code of Ordinances
Premises: 1772 Tipton Cir NW PID #: 75-535-0115
Address: 1772 Tipton Cir NW Initial Inspected on: 10/11/16
Elk River, MN 55330 Last Inspected on: 10/11/16
Page#: 4
ADDITIONAL EXPLANATION
Violation #: 1 Chapter 46 NUISANCES [1]
ARTICLE II. PUBLIC NUISANCES [2]
Sec. 46-34. Public nuisances affecting peace and safety.
(a) The following shall be declared to be nuisances affecting public peace and
safety:
(2) The piling, storing or keeping of old machinery, junk, junk vehicles or
inoperable vehicles, unlicensed vehicles, debris or abandoned motor vehicles as
defined by Minn. Stats. ch. 168B.
Appeals
You have the right to appeal this determination. The process is outlined in the city's Code of Ordinances, a summary of which is provided below. Applications, forms and the city's
adopted fee schedule can be found online at www.ElkRiverMN.gov and are also available at City Hall (13065 Orono Parkway NW).
Sec. 30-633 - Appeals adjustments and variances generally
(a) The board of adjustments has the following powers with respect to this article:
(1) Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the land development staff in the enforcement of this
article.
(2) Hear requests for variances from the literal provisions of this article.
(b) The board shall provide for a record of its proceedings which shall include minutes of meetings, findings, and the action taken on an appeal or variance, including its final order and
any conditions established in connection therewith.
Sec. 30-634 - Appeals
(a) An appeal as specified in section 30-633 may be made by any person (appellant), including a city officer or employee, affected by an action of the land development staff. An appeal
may be made only following the transmission of a written notice of appeal upon a form provided by the city which specifies the subject and grounds therefor. Such notice must be
received by the director of planning within 60 days following the issuance of the order, requirement, decision or determination which is the subject of the appeal.
(b) The board, on appeal, may reverse, affirm or modify any order, requirement, decision, or determination from which an appeal has been taken, provided that any decision shall be
consistent with this article. All final decisions of the board regarding appeals or variances shall be by written order. In making orders the board shall have the powers of the administrative
official from whom the appeal is taken.
Sec. 30-636 - Hearings
On receipt of a request for a variance or notice of appeal, the board of adjustments shall set a date for a hearing thereon, which shall occur not later than 30 days following the city's
receipt of the request or notice. Not less than ten days before the date of the hearing, notice of the hearing shall be mailed to the petitioner or appellant, be published in the official
newspaper, and be mailed to each owner of property situated wholly or partly within 350 feet of the property to which the variance or appeal relates. Failure of a property owner to
receive notice shall not invalidate the hearing or proceeding.
Sec. 30-637 - Decisions
Within 30 days after the hearing, the board of adjustments shall make a decision on the matter, which shall be transmitted to the appellant or petitioner by mail. The board shall act to
approve, deny or approve with conditions the appeal or request for a variance. Decisions of the board to approve or approve with conditions an appeal or request for a variance shall be
final unless appealed to the city council, and shall be effective on the 11 th day following the decision by the board unless an appeal to the city council is filed. Decisions of the board to
deny an appeal or a variance shall not be final and shall be reviewed by the city council in the same manner as an appeal of a decision by the board.
Sec. 30-638 - Appeals from decisions of board
(a) Any person aggrieved by a decision of the board of adjustments on an appeal or a variance, including any city official or employee, may appeal that decision to the city council.
Appeals must be in writing and filed with the city planning department within ten calendar days of the board's decision.
(b) The city council shall hear appeals from decisions of the board within 30 days of the filing of the appeal, unless that period is extended with the consent of the person who appealed
to the city council and the person who applied to the board, and both of whom shall receive written notice of the date and time when the city council will hear the appeal. The city council
may reverse, affirm or modify, wholly or partly, the decision of the board, and shall have all the powers of the board in acting on appeals.
Nuisances and abatement by the city
Chapter 46 of the Elk River Code of Ordinances addresses nuisances. If the attached notice contains violations pertaining to Chapter 46, notice is hereby given that the city may, at its
discretion, abate the nuisance as outlined in Sec. 46-38:
(a) Upon discovering a public nuisance under the provisions of this article the city administrator or designee shall serve a notice upon the owner of the property upon which the nuisance
exists. Such notice shall be given by certified mail at the last known address as shown on the property tax records of the county. Such notice shall advise that a nuisance exists and
require the property owner to abate the nuisance within a reasonable time, as established by the city administrator or designee and stated in the notice. Such time shall not be less than
14 days. Such notice shall also advise the property owner of the right to request a hearing before the city administrator or designee to contest the contents of the notice.
(b) If requested by the person upon whom the notice is served under subsection (a) of this section, a hearing before the city administrator or designee shall be held at which the person
may contest the contents of the notice. The request for such a hearing must be made within five days after receipt of the notice provided for in subsection (a) of this section. After such
hearing the city administrator or designee may affirm the notice, modify the notice or quash the notice.
(c) If the property owner does not abate the nuisance as required by the notice provided for in subsection (a) of this section and has not requested a hearing before the city administrator
or designee under subsection (b) of this section, authorized agents of the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against
the property upon which the nuisance was located.
(d) If the property owner requests a hearing before the city administrator or designee under subsection (b) of this section, no abatement actions shall be taken until the hearing is held. If
after the hearing the city administrator or designee affirms or modifies the notice and the nuisance is not abated as provided in the notice as affirmed or modified, authorized agents of
the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against the property upon which the nuisance was located.
(e) Nothing in this section prevents abatement by the city of a public nuisance without notice and hearing in the case of an emergency in which there is an immediate and direct threat to
the public health or safety. The expense of such an emergency abatement shall be collected as a special assessment against the property upon which the nuisance was located.
Requests for a hearing with the city administrator must be made in writing within the timeframe noted above. The address for the city administrator is 13065 Orono Parkway NW, Elk
River. MN 55330.
.1, R Ve Elk River Fire Department
flRE 13073 Orono Parkway
• Elk River, MN 55330
763.635.1100
Resru www.ElkRiverMN.gov/Fire
CAB OEPAwTMENt
To: Rasmusson, Gary
Municipality: Elk River
Inspected on: August 11, 2016
Inspected by: Jeffrey J.Smith
Premises: 1772 Tipton Cir NW
1772 Tipton Cir NW
Elk River, MN 55330
OWNER
Rasmusson, Gary
Phoenix ID: 2241
PI D: 75-535-0115
NOTICE OF VIOLATIONS
and
ORDER TO CORRECT
Inspection Type: Rental Dwelling
LHU Classification: Use Group:
AGENT TENANT/OPERATOR
This is to notify you that the Elk River Fire Department conducted an inspection on the aforementioned premises on the above
date. The attached report shows areas that do not comply with applicable local, state and/or federal law.
ORDER TO COMPLY: Since these conditions are contrary to law and pose a threat to the health, safety and welfare of the
public and occupants, you must correct them upon receipt of this notice within the time, or by the date, specified on the attached
page(s). If a re -inspection discloses that violations have not been corrected, and a written extension has NOT been requested
and granted, you may be subject to further administrative and/or criminal penalties as provided for by law.
If this inspection is related to an outstanding license or permit application, no such license or permit will be granted unless these
violations are corrected or a request for a temporary license/permit is granted.
If you do not understand this Notice, need assistance, or desire further information, please call the Fire & Building Safety
Division at 763.635.1060.
Once you have corrected the outstanding violation(s), please contact us to schedule a re -inspection.
Inspector:
Jeffrey J.Smith, Inspector
By. r � � d
7
T. John Cunningham, Fire Chief
Signature of Owner or Representative Printed Name of Owner or Representative
08/11/16
Date
APPEAL RIGHTS -EXTENSIONS: See the attached page of information concerning your administrative appeal rights, authorized penalties
and the procedure for requesting an extension of time in which to correct violations.
Page#: 1
Violations
Premises: 1772 Tipton Cir NW PID:
Address: 1772 Tipton Cir NW Phoenix ID
Elk River, MN 55330
Owner: Rasmunsson, Pat
Address:
The Violations cited on the above premises are as follows:
75-535-0115
2241
Number
Description Floor
Abate By
U/A
U/A
U/A
Location: Throughout the home.
2
Category / Nature:
10/31/16
Code Section: IPMC, [F] 704.1
Description: Add smoke detectors to all 3 levels and 1 in
bedroom, also add CO detection within 10' of
sleeping area.
Location: Kitchen
3
Category / Nature:
10/31/16
Code Section: IPMC, 604.3
Description: Replace missing outlet cover in kitchen.
Key: The numbering of violations is for identification purposes only and shall not be construed as bearing in any way on the
seriousness of any violation.
"U" Unabated - Violation uncorrected
"A" Abated - Violation corrected
"W" - Violation is withdrawn
"R" - Violation is Recommended
"V" - Void
"TE" - Time Extension
*RV* denotes recurring violation.
Page#: 2
Premises: 1772 Tipton Cir NW PID: 75-535-0115
Address: 1772 Tipton Cir NW
Violation#: 2
Violation#: 3
Elk River, MN 55330
ADDITIONAL EXPLANATION
CHAPTER 7 FIRE SAFETY REQUIREMENTS
SECTION 704 FIRE PROTECTION SYSTEMS
[F] 704.1 General. All systems, devices and equipment to detect a fire, actuate an
alarm, or suppress or control a fire or any combination thereof shall be maintained
in an operable condition at all times in accordance with the International Fire Code.
[F] 704.1.1 Automatic sprinkler systems. Inspection, testing and maintenance of
automatic sprinkler systems shall be in accordance with NFPA 25.
CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 604 ELECTRICAL FACILITIES
604.3 Electrical system hazards. Where it is found that the electrical system in a
structure constitutes a hazard to the occupants or the structure by reason of
inadequate service, improper fusing, insufficient receptacle and lighting outlets,
improper wiring or installation, deterioration or damage, or for similar reasons, the
code official shall require the defects to be corrected to eliminate the hazard.
604.3.1 Abatement of electrical hazards associated with water exposure. The
provisions of this section shall gov- ern the repair and replacement of electrical
systems and equipment that have been exposed to water.
604.3.2 Abatement of electrical hazards associated with fire exposure. The
provisions of this section shall govern the repair and replacement of electrical
systems and equip- ment that have been exposed to fire.
Page#: 3
A copy of applicable local, state and federal code books as referenced in this Notice are available to review at the Elk River City Hall (13065 Orono Parkway NW, Elk River, MN 55330)
during regular business hours.
• MSFC: 2007 Minnesota State Fire Code as adopted by the State of Minnesota.
• IPMC: 2012 International Property Maintenance Code as adopted by the City of Elk River.
• COER: Code of Ordinances as adopted by the City of Elk River.
Appeals
The following outlines the appeals processes available those affected by this Notice
Fire/Life Safety Inspections (Minnesota State Fire Code)
MSFC 108.1 Appeals to the state fire marshal. As outlined in Minnesota Statutes, section 299F.011, subdivisions 5 and 5b, any person may appeal an order issued to them by the
state fire marshal or action taken by the local governing body on issues regulated by this code. Appeals can be made to determine the suitability of alternate materials and types of
construction, to provide for reasonable interpretations of the provisions of this code, and to grant variances from orders issued by representatives of the state fire marshal. Persons
wishing to present matters for appeal shall do so in writing and, in the case of persons who have received written orders, applications for variances shall be made prior to the expiration
of the orders. Orders shall not be considered to be expired until any time extensions granted by the state fire marshal have elapsed. The state fire marshal shall not accept
applications for variances after criminal action for noncompliance has been initiated pursuant to Minnesota Statutes, section 299F.011, subdivision 6.
Rental Dwelling Licensing (International Property Maintenance Code)
IPMC 111.1 Means of Appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of
appeals, provided that a written application for appeal is filed within 20 days after the day of the decision, notice or order was served. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adapted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this
code are adequately satisfied by other means.
Address
The official mailing and notification address for the City of Elk River is 13065 Orono Parkway, Elk River, MN 55330.
Page#: 4
June 7, 2016
Rasmusson, Gary
Rasmusson, Patricia
Re: City Code Violations at 1772 Tipton Cir NW
Dear Gary Rasmusson:
The City of Elk River is conducting an investigation into a possible city ordinance
violation(s) of your property located at 1772 Tipton Cir NW. An Elk River city official
conducted a preliminary inspection of your property on 06/07/2016 at 9:OOAM, which
revealed possible violations of the City Code.
Your immediate attention to this matter is required.
Please refer to the attached documentation to determine the corrective action(s)
necessary for bringing your property into compliance. Please contact the inspector,
David Hetrick at 763.635.1067 or via email dhetrick@elkrivermn.gov if you require
additional information/clarification, or feel that this notice has reached you in error.
Please note that all violations must be corrected (abated) by the date(s) outlined on the
attached notice. If you are unable to complete the required correction(s) by the date(s)
provided, you must submit a written Request for Extension prior to the abatement date.
If you have since corrected the violation(s), please contact the Fire & Building Safety
Division at 763.635.1060 to schedule a re -inspection.
Your attention to this matter is greatly appreciated.
Sincerely,
David Hetrick, Inspector
13073 Orono Parkway
Elk River, MN 55330
763.635.1100
www.ElkRiverMN.gov/Fire
Phoenix ID: 2241
Pot P911ip1r
NATURE
Frequently Asked Questions
What is code enforcement?
The Elk River City Council has established goals and expectations for the general health,
safety, welfare, and aesthetic standard of the community.
These expectations are adopted as law in the City Code of Ordinances. The Code
Enforcement Division provides enforcement services for nuisance violations of the City
Code of Ordinances that impact the safety and quality of life of the community. While
code enforcement primarily maintains quality of life standards, it also plays an important
role in the early identification and mitigation of unsafe entry points, exterior hazards,
public health hazards, and compliance with humane pet standards.
How is the complaint process initiated?
The code enforcement process is typically initiated in several ways: 1) in response to a
complaint by an individual, 2) as a consequence of an action (i.e., an application for a
building permit or a request for a zoning variance); or (3) observation of a code violation
by the code enforcement division or other city public safety staff.
Minnesota state law prohibits the release of the identity of individuals who make a
complaint. Minn. Stat. § 13.44 states: The identities of individuals who register
complaints with government entities concerning violations of state laws or local
ordinances concerning the use of real property are classified as confidential data,
pursuant to section 13. 02, subdivision 3.
Why am I receiving a formal letter and not a courtesy phone call?
Your property has one or more city code violations. The city, in most circumstances, is
required to provide a written notification to the owner of the property.
What happens if I ignore this order?
Additional penalties including criminal prosecution, is possible. Your immediate attention
is required. Do not ignore this order.
What if my tenant is the party responsible for creating the violation?
You are receiving this notice because you are the owner of record and are ultimately
responsible for ensuring that the violation(s) listed in this notice are corrected. You may
also be subject to fees for corrective action initiated by the city and/or fines for failure to
comply.
Violations
Premises: 1772 Tipton Cir NW
Address: 1772 Tipton Cir NW
Elk River, MN 55330
Owner: Rasmusson, Gary
Address:
Mail:
The Violations cited on the above premises are as follows:
Number Description Floor
Page#:
3
PID #:
75-535-0115
Phoenix ID#:
2241
Initial Inspected on:
06/07/16
Last Inspected on:
06/07/16
Initial Inspector:
Hetrick, David J
Abate By I U/A I U/A I U/A
Location: Entire property.
1 Code Section: ELK Sec. 46-34. (a) (2) 10/11/16
Description: Property needs to be cleaned up. Remove all vehicles
that are on grass, not licensed or are not in operating
condition. Remove all debris from property.
Key: The numbering of violations is for identification purposes only and shall not be construed as bearing in any way on the
seriousness of any violation.
"U" Unabated - Violation uncorrected
"A" Abated - Violation corrected
"W" - Violation is withdrawn
"V" - Void
"TE" - Time Extension
*RV* denotes recurring violation.
Code References. -
ELK = Elk River Code of Ordinances
Premises: 1772 Tipton Cir NW PID #: 75-535-0115
Address: 1772 Tipton Cir NW Initial Inspected on: 06/07/16
Elk River, MN 55330 Last Inspected on: 06/07/16
Page#: 4
ADDITIONAL EXPLANATION
Violation #: 1 Chapter 46 NUISANCES [1]
ARTICLE II. PUBLIC NUISANCES [2]
Sec. 46-34. Public nuisances affecting peace and safety.
(a) The following shall be declared to be nuisances affecting public peace and
safety:
(2) The piling, storing or keeping of old machinery, junk, junk vehicles or
inoperable vehicles, unlicensed vehicles, debris or abandoned motor vehicles as
defined by Minn. Stats. ch. 168B.
Appeals
You have the right to appeal this determination. The process is outlined in the city's Code of Ordinances, a summary of which is provided below. Applications, forms and the city's
adopted fee schedule can be found online at www.ElkRiverMN.gov and are also available at City Hall (13065 Orono Parkway NW).
Sec. 30-633 - Appeals adjustments and variances generally
(a) The board of adjustments has the following powers with respect to this article:
(1) Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the land development staff in the enforcement of this
article.
(2) Hear requests for variances from the literal provisions of this article.
(b) The board shall provide for a record of its proceedings which shall include minutes of meetings, findings, and the action taken on an appeal or variance, including its final order and
any conditions established in connection therewith.
Sec. 30-634 - Appeals
(a) An appeal as specified in section 30-633 may be made by any person (appellant), including a city officer or employee, affected by an action of the land development staff. An appeal
may be made only following the transmission of a written notice of appeal upon a form provided by the city which specifies the subject and grounds therefor. Such notice must be
received by the director of planning within 60 days following the issuance of the order, requirement, decision or determination which is the subject of the appeal.
(b) The board, on appeal, may reverse, affirm or modify any order, requirement, decision, or determination from which an appeal has been taken, provided that any decision shall be
consistent with this article. All final decisions of the board regarding appeals or variances shall be by written order. In making orders the board shall have the powers of the administrative
official from whom the appeal is taken.
Sec. 30-636 - Hearings
On receipt of a request for a variance or notice of appeal, the board of adjustments shall set a date for a hearing thereon, which shall occur not later than 30 days following the city's
receipt of the request or notice. Not less than ten days before the date of the hearing, notice of the hearing shall be mailed to the petitioner or appellant, be published in the official
newspaper, and be mailed to each owner of property situated wholly or partly within 350 feet of the property to which the variance or appeal relates. Failure of a property owner to
receive notice shall not invalidate the hearing or proceeding.
Sec. 30-637 - Decisions
Within 30 days after the hearing, the board of adjustments shall make a decision on the matter, which shall be transmitted to the appellant or petitioner by mail. The board shall act to
approve, deny or approve with conditions the appeal or request for a variance. Decisions of the board to approve or approve with conditions an appeal or request for a variance shall be
final unless appealed to the city council, and shall be effective on the 11 th day following the decision by the board unless an appeal to the city council is filed. Decisions of the board to
deny an appeal or a variance shall not be final and shall be reviewed by the city council in the same manner as an appeal of a decision by the board.
Sec. 30-638 - Appeals from decisions of board
(a) Any person aggrieved by a decision of the board of adjustments on an appeal or a variance, including any city official or employee, may appeal that decision to the city council.
Appeals must be in writing and filed with the city planning department within ten calendar days of the board's decision.
(b) The city council shall hear appeals from decisions of the board within 30 days of the filing of the appeal, unless that period is extended with the consent of the person who appealed
to the city council and the person who applied to the board, and both of whom shall receive written notice of the date and time when the city council will hear the appeal. The city council
may reverse, affirm or modify, wholly or partly, the decision of the board, and shall have all the powers of the board in acting on appeals.
Nuisances and abatement by the city
Chapter 46 of the Elk River Code of Ordinances addresses nuisances. If the attached notice contains violations pertaining to Chapter 46, notice is hereby given that the city may, at its
discretion, abate the nuisance as outlined in Sec. 46-38:
(a) Upon discovering a public nuisance under the provisions of this article the city administrator or designee shall serve a notice upon the owner of the property upon which the nuisance
exists. Such notice shall be given by certified mail at the last known address as shown on the property tax records of the county. Such notice shall advise that a nuisance exists and
require the property owner to abate the nuisance within a reasonable time, as established by the city administrator or designee and stated in the notice. Such time shall not be less than
14 days. Such notice shall also advise the property owner of the right to request a hearing before the city administrator or designee to contest the contents of the notice.
(b) If requested by the person upon whom the notice is served under subsection (a) of this section, a hearing before the city administrator or designee shall be held at which the person
may contest the contents of the notice. The request for such a hearing must be made within five days after receipt of the notice provided for in subsection (a) of this section. After such
hearing the city administrator or designee may affirm the notice, modify the notice or quash the notice.
(c) If the property owner does not abate the nuisance as required by the notice provided for in subsection (a) of this section and has not requested a hearing before the city administrator
or designee under subsection (b) of this section, authorized agents of the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against
the property upon which the nuisance was located.
(d) If the property owner requests a hearing before the city administrator or designee under subsection (b) of this section, no abatement actions shall be taken until the hearing is held. If
after the hearing the city administrator or designee affirms or modifies the notice and the nuisance is not abated as provided in the notice as affirmed or modified, authorized agents of
the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against the property upon which the nuisance was located.
(e) Nothing in this section prevents abatement by the city of a public nuisance without notice and hearing in the case of an emergency in which there is an immediate and direct threat to
the public health or safety. The expense of such an emergency abatement shall be collected as a special assessment against the property upon which the nuisance was located.
Requests for a hearing with the city administrator must be made in writing within the timeframe noted above. The address for the city administrator is 13065 Orono Parkway NW, Elk
River. MN 55330.
Roiiald (;, W( k
sholk A. Muslin
Paralf'cab:
Dmc� NL NN'dkc
Nido M. Ldj'L'qms�
September 29, 2017
T. John Cunningham
Fire Chief
Elk 1�.iver Fire Department
13,073 Orono Parkway
Elk lZiver, MN 55330
W
BLACK I-A,M/
Re: Notice of Violation and Order to Correct dated August 29, 2017
PID- 75-535-0115/Rasmusson
Our File No: 0577-002
Dear Mr. Cunningham:
FU"I Na�lowd Fllmll(Ml (A'11�ur
8� 2 \hM S�wc(, SmIc 10-2
I'llk Rkci, NIN
I �': 7 6"' 1 11.7o t 10
F 76;L090 I
Gary and Patricia Rasmusson requested that I contact You regarding the above referenced
communication they have received from your office regarding 1772 Tipton. Circle NW, Elk
River. The notice alleges a number of the City ofEllk lZiver ordinances and orders abatement by
September 28, 2017. While my clients acknowledge that the yard in question may contain some
undesirable vehicles and other items, they have been diligently pursuing removal of the item.s.
Unfortunately, this effort has been significantly hampered by the construction of in iron fence
which blocks the driveway. We are working to resolve this situation at this time. Therefore, we
request that the tirne period to abate be extended to December 31, 2017,
Thank you for your consideration.
Very truly yours,
Ronald G. Black
R.G13:dmw
Cc: G. Rasniusson
Elk River Fire Department
Fire & Building Safety Division
fR` 13065 Orono Parkway NW • Elk River, MN 55330
763.635.1060
ERFD.FABS@E1kRiverMN.gov
Request for Extension of Time to Obtain Compliance with a Notice of
Violations anti -Order to Correct
Section 1: Owner and Applicant Information
Property Name:
Address of Property:
City:
Building Owner:
Owner Address:
Applicant Name:
Applicant Address
Section 2: Violation Information
Date of Initial Inspection:
Code Section:
Phoenix ID:
Unit Number:
SIte: Zip:
City: "_1266
State: /11
Violation Number:
Original Abate By:
Note.- if requesting an extension far more than one violation, submit an application for each individual violation.
Premises: Elk River, City of
Local-:
Address: 13065 Orono Pkwy NW
State Reg#:
Elk River, MN 55330
Phoenix ID:
1
,.Initial Inspected on.
4t3107I15
'L--ut Inspected on.
08/07/15
Initial Inspector:
T. John Cunningham
The Violations cited on the above premises ar-.s ow
Number ❑ascription Floor
Abate
By
U!A
UTA
UlA
Location: Front Oi%ce!Reception 1st Floor
1
Category 1 Nature:
49/46/15
Code Section: MSFC, 605.5
Description: Remove permanent extension cords.
Version: August 10, 2015
Policy Reference: 8012 (Request for Extension)
tiv
r /1
h,� I h �f
�es�be4he work that has tieen completed to -date:
G!%
�E�sl�JrN�>°S' � F�Xiv d"NQOaifSj .slAK
�srr/al4lbl��
Describe -the work that n
1/fl1L:Q jrro",
0)j
Describe the
s to be completed:
an extension is
Date work will be completed:
Section 3: Signature
(mm/ dd/yyyy)
�AP VAK W
4�1'47-�
Take notice that an application for an extension constitutes an admission that the Notice of Violations and
Order to Correct is factually and proce urally correct and that the violation does or did exist. In addition,
the application for an extension cons ' tes a waiver of the right to appeal as to the violation for which an
extension is applied.
Owner/Applicant Signature: A�ZmaDate:
Must be a duly authoritied represe�rta ive of the addressed propery.
This request is the:
This request is:
'nitial
Subsequent (number
11 Approved ❑ Denied
Inspector: Supervisor:
Page 2
request)
Received: /
� 6 U'o I -
A]
Code Enforcement Action
1772 Tipton Circle NW
City Council Meeting
Monday, December 4, 2017
Overview
■ 1772 Tipton Circle NW
■ Non -owner occupied (rental) single-family dwelling
■ Recurring violations of city ordinances
4
Recent History
■ 08/29/2017 Rental license inspection completed
■ 5 total violations identified
■ 4 violations of city ordinance
■ 46-34(a) (2): Inoperable /unlicensed vehicles*
■ 46-32(a) (5): Accumulation of rubbish*
■ 30-934(a) (3): Parking on landscaped area
■ 30-934(a) (a): Maintaining landscaped areas
Recent History (continued)
■ 1 violation of International Property Maintenance
Code (IPMC), 304.2 (protective treatment, siding)
* 2 city ordinance violations are also in violation of
IPMC standards
Recent History (continued)
■ Multiple property complaints received
■ Missed initial deadline of 9/28/2017
■ Owner's attorney requested extension
■ Denied
■ No "Good Faith" effort to abate violations
■ Exterior re -inspection completed on 11/17/2017
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Previous inspections
0 03/03/2017
0 10/ll/2016
0 08/11/2016
0 06/07/2016
Action requested
■ Information to Council
■ Notify Council of pending Rental License denial
■ Opportunity to ask questions of city attorney