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7.6. SR 12-18-2017 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.6 Agenda Section Meeting Date Prepared by Public Hearin s December 18, 2017 T.John Cunningham, Fire Chief Item Description Reviewed by Denial/Non-Renewal of Rental License for 1772 Peter Beck, City Attorney Tipton Circle NW Reviewed by Calvin Portner, City Administrator Action Requested Direct staff,by motion, to prepare a finding of facts denying the rental dwelling license for 1772 Tipton Circle NW based on the following findings: 1. The property has failed to come into compliance with lawful orders issued by the city; 2. The property has been subject to repeated violations of the Code of Ordinances; 3. There has been no good faith effort by the property owner(s) to bring the property into compliance. 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 at the aforementioned property, specifically as to the condition of the yard. The property has been subject to repeated enforcement action by the city; action which has been initiated based on a complaint or as part of a license application. The most recent exterior inspection of the property was completed on 11/17/2017. It was determined that 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 is seeking denial of a rental dwelling license in accordance with Sec. 30-199(a) of the Code of Ordinances. The denial/non-renewal of the rental dwelling license will prohibit the owner(s) from making a new application for the same facility for a period of up to one year. This action does not excuse the owner from compliance; failure to comply with all terms of applicable city ordinances is a misdemeanor and grounds for extension of the terms of this action. If a new rental dwelling license application is made by the owner(s) at a later date,it shall be accompanied by a reinstatement fee. Financial Impact None at this time Attachments ■ Photos from 11/17/2017 inspection ■ Inspection report from 11/17/2017 The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAWRE1 ■ 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 ■ Time Extension Request Denial from 12/05/2017 (tenant and attorney) N:APublic Bodies\Agenda Packets\12-18-2017\Done\x7.6 sr 1772 Tipton Cir NW.docx 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 1772 Tipton Cir NW (#2241) Photos taken on 11/17/2017 Phoenix ID: 2241 Occupant:1772 Tipton Cir NW Violations(5)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 (Single Family) Inspection Checklist:IPMC Hours of Operation: 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 Elk River Fire Department 13073 Orono Parkway Elk River, MN 55330 763.635.1100 www.ElkRiverMN.gov/Fire Inspection Report Report Date:11/29/17 14:40 FireWalls:Attic? No Exit Signs? No Egress Lighting: Basement? No Emergency Light? No Valid C.O.? Roof Hatches? No Extinguishers? No SkyLights? No Total Sq.Feet: Others Type:RDL - Rental Dwelling Inspection Seq#:1 Is Inspection Required:Yes 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 Records? No Comments: 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. Violation History (Maintenance: 0 Retrofit: 0 ) ProPhoenix rev. 03/15/2016 2 of 3 Elk River Fire Department 13073 Orono Parkway Elk River, MN 55330 763.635.1100 www.ElkRiverMN.gov/Fire 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 Elk River Fire Department 13073 Orono Parkway Elk River, MN 55330 763.635.1100 www.ElkRiverMN.gov/Fire Inspection Report Report Date:11/29/17 14:40 August 31, 2017 Gary and Patricia Rasmusson Dear Gary and Patricia, Sent Via Certified Mail Copy also sent (via USPS regular mail) to: The city is in receipt of your Rental Dwelling License Renewal Application and has completed the necessary ins pection 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 ye ar 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, revo cation, 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 law s. If yo u have any questions regarding the Notice of Violations and Order to Correct, please contact the inspector , Jeff Smith, at 763.635 .1111. Sincerely, T. o n C unningham Fire Chief CC: Jeff Smith, Inspector Paula Schwichtenberg, Permit Technician 13073 Orono Parkway Elk River, MN 55330 763.635.1100 www.ElkRiver:MN.gov/Fire POIEREI If NATURE 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 In spected by: Jeffrey J.Smith Premises: 1772 Tipton Cir NW 1772 Tipton Cir NW Elk River, MN 55330 Phoenix ID : PIO : NOTICE OF VIOLATIONS and ORDER TO CORRECT Inspection Type : Rental Dwelling 2241 75-535-0115 LH U Classification : Use Group : OWNER Rasmusson, Gary AGENT TENANT/OPERA TOR 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: By , r.Ja-(!. Jeffrey J.Smith , Inspector T . John Cunningham, Fire Ch ief 08/29/17 Signature of Owner or Representative Printed Name of Owner or Representative Date APPEAL RIGHTS-E XTENSIONS: 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 ' I I I I Premises: Address: Owner: Address: 1772 Tipton Cir NW 1772 Tipton Cir NW Elk River, MN 55330 Rasmunsson , Pat Violations The Violations cited on the above premises are as follows : PIO: Phoenix ID: 75-535-0115 2241 -- -Abate By r UIA - Number Description Floor U/A Location : Backyard 7 Category I 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 I 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 I Nature: 09/28/17 _1 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. Location : Backyard 10 Category I Nature: 09/28/17-RV - Code Section : ELK Sec. 30-934. (a) (3) Description: Previously cited on 03/03/2017. All vehicles must be removed from landscaped areas. Location : Backyard 11 Category I Nature : 09/28/17 RV Code Section: ELK Sec. 30-934. (a) (2) I I Description : Previously cited on 03/03/17. Yard must be kept neat, clean, and uncluttered. 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 "V" -Void "TE" -Time Extension *RV* denotes recurring violation . Page#:2 ' < I I I Premises: Address : Violation#: 7 Violation#: 8 Violation#: 9 Violation#: 10 Violation#: 11 1772 Tipton Cir NW 1772 Tipton Cir NW Elk River, MN 55330 PIO: 75-535-0115 ADDITIONAL EXPLANATION 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. 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. . . . ,. .. • ... -t' ' ' . ~ " -. . ~ ·,~~-· ~·.:.. --. --- . . . --~; .. -'\~ ; .._ ,T" Yr .,~· ~~"L '"'· -~ --- -~; .. · -':1' <. ........ L' •1 ' ' ........ "ll<.~ . ·-~ -.... .. Page#: 3 A copy of applicable local, state and federal code books as referenced in this Notice are available to review at the El k River C ity 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 Sb , 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 the reunder 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 Premis es : Address: Owner: Address: 1772 Tipton Cir NW 1772 Tipton Cir NW Elk River, MN 55330 Rasmunsson , Pat Violations The Violations cited on the above premises are as follows: Number Description Floor PI O: P hoenix ID: Abate By -------- Location : Entire property. 4 Category I Nature: 07/11/17 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. 5 Category I Nature: 07/11/17 Code Section : E LK Sec. 30-934. (a) (2) I Description : Clean up entire yard. I Location: Entire property. 6 Category I Nature: --07/11/17 I Code Section: ELK Sec. 46-31. (1) l Description: This is the second notice. Yard must be cleaned up of all ordinance violations and not just put behind the fence . -------- 75-535-0115 2241 U/A U/A U/A J 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 : Address: Violation#: 4 Violation#: 5 Violation#: 6 1772 Tipton Cir NW 1772 Tipton Cir NW Elk River, MN 55330 PID: ADDITIONAL EXPLANATION Chapter 30 LAND DEVELOPMENT REGULATIONS [1] ARTICLE VI. ZONING DIVISION 5 SUPPLEMENTAL REGULATIONS Sec. 30-934 . Landscaping . 75-535-0115 (a) General requirements. The following general requirements are applicable to all r:..:.=:.:...• d istricts: (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. Chapter 46 NUISANCES [1] ARTICLE II. 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-renewa I. (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. a. 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 : a. 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. c. 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 . nu isance calls, etc .). (2) Additional standards related to suspension of a rental dwelling license : https://library.municode.com/mn/elk_river/codes/code_of_ordinances?nodeld=COOR_CH30LADERE_ARTIIIREREPRST 1/3 8/31 /2017 Elk River, MN 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. c. While under suspension, the owner cannot lease 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. f . 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 ta xes 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. h. Failure to actively pursue the eviction of tenants who have violated the provisions of the crime free lease addendum . i. Any specific provisions of the city ordinances that i nclude revocation as a remedy (i.e . nuisance calls, etc.). j . Other good cau se 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 exi sting tenant and cannot lease the affected unit to a new tenant. https ://l ibra ry.muni code.com/mn/elk_riv er/codes/code _of_ ordina nces?node ld=COOR _ C H30 LADERE _ARTII I RE REPRST 2/3 8/31/2017 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) https://l ibrary.municode .com /mn/elk _river/codes/code_ of_ ordinances?nodeld=COOR _ C H30LADERE _ARTI 11 REREPRST 3/3 March 3, 2017 The City of Elk River is conducting an investigation into a possible city ordinance violation(s) of your property located at 17727LSWRQ&LU1:$Q(ON5LYHUFLW\RIILFLDO 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) QHFHVVDU\IRUEULQJLQJ\RXUSURSHUW\LQWRFRPSOLDQFH3OHDVHFRQWDFWWKHLQVSHFWRU 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 DWWDFKHGQRWLFH,I\RXDUHXQDEOHWRFRPSOHWHWKHUHTXLUHGFRUUHFWLRQVE\WKHGDWHV SURYLGHG\RXPXVWVXEPLWDZULWWHQ5HTXHVWIRU([WHQVLRQSULRUWRWKHDEDWHPHQWGDWH ,I\RXKDYHVLQFHFRUUHFWHGWKHYLRODWLRQVSOHDVHFRQWDFWWKH)LUH %XLOGLQJ6DIHW\ Division at 763.635.1060 to schedule a re-inspection. Your attention to this matter is greatly appreciated. Sincerely, David Hetrick, Inspector Dear Gary Rasmusson: 13073 Orono Parkway Elk River, MN 55330 763.635.1100 www.ElkRiverMN.gov/Fire Rasmusson, Gary Rasmusson, Patricia Re: City Code Violations at 1772 Tipton Cir NW Phoenix ID: 2241 Frequently Asked Questions What is code enforcement? The Elk River City Council has established goals and expectations for the general health, VDIHW\ZHOIDUHDQGDHVWKHWLFVWDQGDUGRIWKHFRPPXQLW\ 7KHVHH[SHFWDWLRQVDUHDGRSWHGDVODZLQWKH&LW\&RGHRI2UGLQDQFHV7KH&RGH Enforcement Division provides enforcement services for nuisance violations of the City &RGHRI2UGLQDQFHVWKDWLPSDFWWKHVDIHW\DQGTXDOLW\RIOLIHRIWKHFRPPXQLW\:KLOH 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 FRPSODLQW0LQQ6WDWVWDWHVThe 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? <RXUSURSHUW\KDVRQHRUPRUHFLW\FRGHYLRODWLRQV7KHFLW\LQPRVWFLUFXPVWDQFHVLV required to provide a written notification to the owner of the property. What happens if I ignore this order? $GGLWLRQDOSHQDOWLHVLQFOXGLQJFULPLQDOSURVHFXWLRQLVSRVVLEOH<RXULPPHGLDWHDWWHQWLRQ LVUHTXLUHGDo 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 UHVSRQVLEOHIRUHQVXULQJWKDWWKHYLRODWLRQVOLVWHGLQWKLVQRWLFHDUHFRUUHFWHG<RXPD\ also be subject to fees for corrective action initiated by the city and/or fines for failure to comply. Violations Initial Inspected on:03/03/17 Last Inspected on:03/03/17 Initial Inspector:Hetrick, David J Premises:1772 Tipton Cir NW Address:1772 Tipton Cir NW Elk River, MN 55330 The Violations cited on the above premises are as follows: 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. Page#: 3 PID #:75-535-0115 Phoenix ID#:2241 Owner:Rasmusson, Gary Address: Mail: 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. Code References: ELK = Elk River Code of Ordinances Premises:1772 Tipton Cir NW Address:1772 Tipton Cir NW Elk River, MN 55330 Initial Inspected on:03/03/17 Last Inspected on:03/03/17 Page#: 4 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 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 Chapter 46 NUISANCES [1] ARTICLE II. 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. ADDITIONAL EXPLANATION PID #:75-535-0115 Appeals <RXKDYHWKHULJKWWRDSSHDOWKLVGHWHUPLQDWLRQ7KHSURFHVVLVRXWOLQHGLQWKHFLW\¶V&RGHRI2UGLQDQFHVDVXPPDU\RIZKLFKLVSURYLGHGEHORZ$SSOLFDWLRQVIRUPVDQGWKHFLW\¶s DGRSWHGIHHVFKHGXOHFDQEHIRXQGRQOLQHDWZZZ(ON5LYHU01JRYDQGDUHDOVRDYDLODEOHDW&LW\+DOO2URQR3DUNZD\1: 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 11th 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 &KDSWHURIWKH(ON5LYHU&RGHRI2UGLQDQFHVDGGUHVVHVQXLVDQFHV,IWKHDWWDFKHGQRWLFHFRQWDLQVYLRODWLRQVSHUWDLQLQJWR&KDSWHUQRWLFHLVKHUHE\JLYHQWKDWWKHFLW\PD\DWLWV 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. 5HTXHVWVIRUDKHDULQJZLWKWKHFLW\DGPLQLVWUDWRUPXVWEHPDGHLQZULWLQJZLWKLQWKHWLPHIUDPHQRWHGDERYH7KHDGGUHVVIRUWKHFLW\DGPLQLVWUDWRULV13065 Orono Parkway NW, Elk River, MN 55330. October 11, 2016 The City of Elk River is conducting an investigation into a possible city ordinance violation(s) of your property located at 17727LSWRQ&LU1:$Q(ON5LYHUFLW\RIILFLDO conducted a preliminary inspection of your property on 10/11/2016 at 11:00AM, 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) QHFHVVDU\IRUEULQJLQJ\RXUSURSHUW\LQWRFRPSOLDQFH3OHDVHFRQWDFWWKHLQVSHFWRU 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 DWWDFKHGQRWLFH,I\RXDUHXQDEOHWRFRPSOHWHWKHUHTXLUHGFRUUHFWLRQVE\WKHGDWHV SURYLGHG\RXPXVWVXEPLWDZULWWHQ5HTXHVWIRU([WHQVLRQSULRUWRWKHDEDWHPHQWGDWH ,I\RXKDYHVLQFHFRUUHFWHGWKHYLRODWLRQVSOHDVHFRQWDFWWKH)LUH %XLOGLQJ6DIHW\ Division at 763.635.1060 to schedule a re-inspection. Your attention to this matter is greatly appreciated. Sincerely, David Hetrick, Inspector Dear Gary Rasmusson: 13073 Orono Parkway Elk River, MN 55330 763.635.1100 www.ElkRiverMN.gov/Fire Rasmusson, Gary Rasmusson, Patricia Re: City Code Violations at 1772 Tipton Cir NW Phoenix ID: 2241 Frequently Asked Questions What is code enforcement? The Elk River City Council has established goals and expectations for the general health, VDIHW\ZHOIDUHDQGDHVWKHWLFVWDQGDUGRIWKHFRPPXQLW\ 7KHVHH[SHFWDWLRQVDUHDGRSWHGDVODZLQWKH&LW\&RGHRI2UGLQDQFHV7KH&RGH Enforcement Division provides enforcement services for nuisance violations of the City &RGHRI2UGLQDQFHVWKDWLPSDFWWKHVDIHW\DQGTXDOLW\RIOLIHRIWKHFRPPXQLW\:KLOH 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 FRPSODLQW0LQQ6WDWVWDWHVThe 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? <RXUSURSHUW\KDVRQHRUPRUHFLW\FRGHYLRODWLRQV7KHFLW\LQPRVWFLUFXPVWDQFHVLV required to provide a written notification to the owner of the property. What happens if I ignore this order? $GGLWLRQDOSHQDOWLHVLQFOXGLQJFULPLQDOSURVHFXWLRQLVSRVVLEOH<RXULPPHGLDWHDWWHQWLRQ LVUHTXLUHGDo 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 UHVSRQVLEOHIRUHQVXULQJWKDWWKHYLRODWLRQVOLVWHGLQWKLVQRWLFHDUHFRUUHFWHG<RXPD\ also be subject to fees for corrective action initiated by the city and/or fines for failure to comply. Violations Initial Inspected on:10/11/16 Last Inspected on:10/11/16 Initial Inspector:Hetrick, David J Premises:1772 Tipton Cir NW Address:1772 Tipton Cir NW Elk River, MN 55330 The Violations cited on the above premises are as follows: 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. Page#: 3 PID #:75-535-0115 Phoenix ID#:2241 Owner:Rasmusson, Gary Address: Mail: Number Description Floor Abate By U/A U/A 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. Code References: ELK = Elk River Code of Ordinances Premises:1772 Tipton Cir NW Address:1772 Tipton Cir NW Elk River, MN 55330 Initial Inspected on:10/11/16 Last Inspected on:10/11/16 Page#: 4 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. ADDITIONAL EXPLANATION PID #:75-535-0115 Appeals <RXKDYHWKHULJKWWRDSSHDOWKLVGHWHUPLQDWLRQ7KHSURFHVVLVRXWOLQHGLQWKHFLW\¶V&RGHRI2UGLQDQFHVDVXPPDU\RIZKLFKLVSURYLGHGEHORZ$SSOLFDWLRQVIRUPVDQGWKHFLW\¶s DGRSWHGIHHVFKHGXOHFDQEHIRXQGRQOLQHDWZZZ(ON5LYHU01JRYDQGDUHDOVRDYDLODEOHDW&LW\+DOO2URQR3DUNZD\1: 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 11th 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 &KDSWHURIWKH(ON5LYHU&RGHRI2UGLQDQFHVDGGUHVVHVQXLVDQFHV,IWKHDWWDFKHGQRWLFHFRQWDLQVYLRODWLRQVSHUWDLQLQJWR&KDSWHUQRWLFHLVKHUHE\JLYHQWKDWWKHFLW\PD\DWLWV 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. 5HTXHVWVIRUDKHDULQJZLWKWKHFLW\DGPLQLVWUDWRUPXVWEHPDGHLQZULWLQJZLWKLQWKHWLPHIUDPHQRWHGDERYH7KHDGGUHVVIRUWKHFLW\DGPLQLVWUDWRULV13065 Orono Parkway NW, Elk River, MN 55330. Signature of Owner or Representative Printed Name of Owner or Representative Date 7KLVLVWRQRWLI\\RXWKDWWKH(ON5LYHU)LUH'HSDUWPHQWFRQGXFWHGDQLQVSHFWLRQRQWKHDIRUHPHQWLRQHGSUHPLVHVRQWKHDERYH GDWH7KHDWWDFKHGUHSRUWVKRZVDUHDVWKDWGRQRWFRPSO\ZLWKDSSOLFDEOHORFDOVWDWHDQGRUIHGHUDOODZ 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 SDJHV,IDUHLQVSHFWLRQGLVFORVHVWKDWYLRODWLRQVKDYHQRWEHHQFRUUHFWHGDQGDZULWWHQH[WHQVLRQKDV127EHHQUHTXHVWHG DQGJUDQWHG\RXPD\EHVXEMHFWWRIXUWKHUDGPLQLVWUDWLYHDQGRUFULPLQDOSHQDOWLHVDVSURYLGHGIRUE\ODZ 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. 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 LHU Classification:Use Group: 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. Rasmusson, Gary OWNER AGENT TENANT/OPERATOR Inspection Type:Rental Dwelling Inspector:By: Jeffrey J.Smith, Inspector T. John Cunningham, Fire Chief NOTICE OF VIOLATIONS and ORDER TO CORRECT 08/11/16 Elk River Fire Department 13073 Orono Parkway Elk River, MN 55330 763.635.1100 www.ElkRiverMN.gov/Fire Phoenix ID:2241 PID:75-535-0115 To:Rasmusson, Gary Page#: 1 Violations Premises:1772 Tipton Cir NW Address:1772 Tipton Cir NW Elk River, MN 55330 The Violations cited on the above premises are as follows: 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. PID:75-535-0115 Phoenix ID:2241 Owner:Rasmunsson, Pat Address: 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. Page#: 2 Premises:1772 Tipton Cir NW Address:1772 Tipton Cir NW Elk River, MN 55330 Violation#: 2 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. Violation#: 3 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. ADDITIONAL EXPLANATION PID:75-535-0115 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$SSHDOVWRWKHVWDWHILUHPDUVKDO$VRXWOLQHGLQ0LQQHVRWD6WDWXWHVVHFWLRQ299F.011, subdivisions 5 and 5b, any person may appeal an order issued to them by the VWDWHILUHPDUVKDORUDFWLRQWDNHQE\WKHORFDOJRYHUQLQJERG\RQLVVXHVUHJXODWHGE\WKLVFRGH$SSHDOVFDQEHPDGHWRGHWHUPLQHWKHVXLWDELOLW\RIDOWHUQDWHPDWHULDOVDQGW\SHVRI FRQVWUXFWLRQWRSURYLGHIRUUHDVRQDEOHLQWHUSUHWDWLRQVRIWKHSURYLVLRQVRIWKLVFRGHDQGWRJUDQWYDULDQFHVIURPRUGHUVLVVXHGE\UHSUHVHQWDWLYHVRIWKHVWDWHILUHPDUVKDO3HUVRQV wishing to present matters for appeal shall do so in writing and, in the case of persons who have received written orders, applications for variances shall be made prior to the expiration RIWKHRUGHUV2UGHUVVKDOOQRWEHFRQVLGHUHGWREHH[SLUHGXQWLODQ\WLPHH[WHQVLRQVJUDQWHGE\WKHVWDWHILUHPDUVKDOKDYHHODSVHG7KHVWDWHILUHPDUVKDOVKDOOQRWDFFHSW applications for variances after criminal action for noncompliance has been initiated pursuant to Minnesota Statutes, section 299F.011, subdivision 6. Rental Dwelling Licensing (International Property Maintenance Code) ,30&0HDQVRI$SSHDO$Q\SHUVRQGLUHFWO\DIIHFWHGE\DGHFLVLRQRIWKHFRGHRIILFLDORUDQRWLFHRURUGHULVVXHGXQGHUWKLVFRGHVKDOOKDYHWKHULJKWWRDSSHDOWRWKHERDUGRI DSSHDOVSURYLGHGWKDWDZULWWHQDSSOLFDWLRQIRUDSSHDOLVILOHGZLWKLQGD\VDIWHUWKHGD\RIWKHGHFLVLRQQRWLFHRURUGHUZDVVHUYHG$QDSSOLFDWLRQIRUDSSHDOVKDOOEHEDVHGRQD 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 The City of Elk River is conducting an investigation into a possible city ordinance violation(s) of your property located at 17727LSWRQ&LU1:$Q(ON5LYHUFLW\RIILFLDO conducted a preliminary inspection of your property on 06/07/2016 at 9:00AM, 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) QHFHVVDU\IRUEULQJLQJ\RXUSURSHUW\LQWRFRPSOLDQFH3OHDVHFRQWDFWWKHLQVSHFWRU 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 DWWDFKHGQRWLFH,I\RXDUHXQDEOHWRFRPSOHWHWKHUHTXLUHGFRUUHFWLRQVE\WKHGDWHV SURYLGHG\RXPXVWVXEPLWDZULWWHQ5HTXHVWIRU([WHQVLRQSULRUWRWKHDEDWHPHQWGDWH ,I\RXKDYHVLQFHFRUUHFWHGWKHYLRODWLRQVSOHDVHFRQWDFWWKH)LUH %XLOGLQJ6DIHW\ Division at 763.635.1060 to schedule a re-inspection. Your attention to this matter is greatly appreciated. Sincerely, David Hetrick, Inspector Dear Gary Rasmusson: 13073 Orono Parkway Elk River, MN 55330 763.635.1100 www.ElkRiverMN.gov/Fire Rasmusson, Gary Rasmusson, Patricia Re: City Code Violations at 1772 Tipton Cir NW Phoenix ID: 2241 Frequently Asked Questions What is code enforcement? The Elk River City Council has established goals and expectations for the general health, VDIHW\ZHOIDUHDQGDHVWKHWLFVWDQGDUGRIWKHFRPPXQLW\ 7KHVHH[SHFWDWLRQVDUHDGRSWHGDVODZLQWKH&LW\&RGHRI2UGLQDQFHV7KH&RGH Enforcement Division provides enforcement services for nuisance violations of the City &RGHRI2UGLQDQFHVWKDWLPSDFWWKHVDIHW\DQGTXDOLW\RIOLIHRIWKHFRPPXQLW\:KLOH 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 FRPSODLQW0LQQ6WDWVWDWHVThe 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? <RXUSURSHUW\KDVRQHRUPRUHFLW\FRGHYLRODWLRQV7KHFLW\LQPRVWFLUFXPVWDQFHVLV required to provide a written notification to the owner of the property. What happens if I ignore this order? $GGLWLRQDOSHQDOWLHVLQFOXGLQJFULPLQDOSURVHFXWLRQLVSRVVLEOH<RXULPPHGLDWHDWWHQWLRQ LVUHTXLUHGDo 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 UHVSRQVLEOHIRUHQVXULQJWKDWWKHYLRODWLRQVOLVWHGLQWKLVQRWLFHDUHFRUUHFWHG<RXPD\ also be subject to fees for corrective action initiated by the city and/or fines for failure to comply. Violations Initial Inspected on:06/07/16 Last Inspected on:06/07/16 Initial Inspector:Hetrick, David J Premises:1772 Tipton Cir NW Address:1772 Tipton Cir NW Elk River, MN 55330 The Violations cited on the above premises are as follows: 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. Page#: 3 PID #:75-535-0115 Phoenix ID#:2241 Owner:Rasmusson, Gary Address: Mail: Number Description Floor Abate By U/A U/A 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. Code References: ELK = Elk River Code of Ordinances Premises:1772 Tipton Cir NW Address:1772 Tipton Cir NW Elk River, MN 55330 Initial Inspected on:06/07/16 Last Inspected on:06/07/16 Page#: 4 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. ADDITIONAL EXPLANATION PID #:75-535-0115 Appeals <RXKDYHWKHULJKWWRDSSHDOWKLVGHWHUPLQDWLRQ7KHSURFHVVLVRXWOLQHGLQWKHFLW\¶V&RGHRI2UGLQDQFHVDVXPPDU\RIZKLFKLVSURYLGHGEHORZ$SSOLFDWLRQVIRUPVDQGWKHFLW\¶s DGRSWHGIHHVFKHGXOHFDQEHIRXQGRQOLQHDWZZZ(ON5LYHU01JRYDQGDUHDOVRDYDLODEOHDW&LW\+DOO2URQR3DUNZD\1: 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 11th 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 &KDSWHURIWKH(ON5LYHU&RGHRI2UGLQDQFHVDGGUHVVHVQXLVDQFHV,IWKHDWWDFKHGQRWLFHFRQWDLQVYLRODWLRQVSHUWDLQLQJWR&KDSWHUQRWLFHLVKHUHE\JLYHQWKDWWKHFLW\PD\DWLWV 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. 5HTXHVWVIRUDKHDULQJZLWKWKHFLW\DGPLQLVWUDWRUPXVWEHPDGHLQZULWLQJZLWKLQWKHWLPHIUDPHQRWHGDERYH7KHDGGUHVVIRUWKHFLW\DGPLQLVWUDWRULV13065 Orono Parkway NW, Elk River, MN 55330. December 5, 2017 Ronald G. Black Black Law 812 Main St Suite 102 Elk tuver, MN 55330 Re: 1772 Tipton Circle NW, Elk fuver, MN 55330 (yout frle #0577 -002) Dear Mr. Biack, An extedor re-inspection of the aforementioned property was completed on 71/17 /2017 . 'I\ere has been no good faith effort to abate the violations that were found during an inspection on August 29,2017 . A copy of the inspection teport is attached. Notice is heteby given that the request for extension as tequested on September 29, 2017, is denied. Ifyou have further questions regarding this matter, please contact the city's attomey, Peter Beck, at (612) 991-13s0. Sincerely, T. John Cunningham Fite Chief Cc: Peter Beck, Ci6' Attomey 1:1073 Otono Patkway Elk tuvet, MN 55330 763.635.1100 NA rtltatr !r www.ElkRiverMN. gov/ Fire \- Elk River Fire Department 13073 Orono Parkway Elk River, MN 55330 763.635.1100 www. ElkRiverMN. gov/Fire 2241 75-535-0115 To: Rasmunsson, Pat 1797 Tipton Cir NW,'103 Elk River, MN 55330 [/unicipality: lnspected on lnspected by Premises: NOTICE OF VIOLATIONS and ORDERTO CORRECT Elk River /1 Novemb€r 17,2011 'hdnJ (2.-fior'-'\ T. John Cunningham 1772 Tipton Cir NW lnspection Type: Rental Dwelling 1772 Tipton Cir NW Elk River, MN 55330 OWNER Rasmusson, Gary 25830 Hickory Blvd,202 Bonita Springs, FL 34134 Phone: (763) 441-1370 Use Group: 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 conect them upon receipt of this notice within the time, or by the date, specified on the attached page(s). lf a re-inspection discloses that violations have not been corrected, and a written €xtension has NOT been requested and granted, you may be subrect to further administrative and/or criminal penalties as provided for by lal. lf this inspection is related to an outstanding license or permit application, no such license or permit will be granted unless these violations are mnected or a request for a temporary license/permit is granled. lf 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), ploase contact us to schedulo a re-inspection. lnspector:t,(. T. John Cunningham, Fire Chief T. John Cunningham, Fire Chief 11t17 t17 Signature of Owner or Representative Printed Name of Owner or Representative Date APPEAL RIGHTS-EXTENSIONS: See the attached page of information conceming your administrative appeal righls, authorized penatlies and the procedure for requesling an extonsion of time in which to conect violations. Page#: 1 Phoenix lD: PID: LHU Classification: AGENT *4fa-a Violations Premises: 1772 Tipton Cir NW Address: 1772 Tipton Cir NW Elk River, MN 55330 Owner: Rasmunsson, Pat Address: 1797 Tipton Cir NW,103 Elk River, MN 55330 The Violations cited on the above premises are as follows 75-53$.01 15 2241 osl28l17 U Location: Category / Nature: Code Section: Description: ELK Sec. 46-34. (a) (2) All inoperable and/or unlicensed vehicles, machinery, and junk must be cleared. This is also in violation with the lntemational Property Maintenance Code section 302.8 Motor Vehicles. Backyard U Location: Backyard Category / Nature: Code Section: ELK Sec. 4G32. (a) (5) Description: This is also in violation of The lntemational Property Maintenance Code section 302.1 Sanitation. 09128t17 09t28117 09t28t17 RV Location: Home Exterior Category / Nature: Code Section: lPMc, 304.2 Description: The siding on the home is in need of repair, any holes, decaying wood product, and flaking paint shall be restored. Location: Backyard Category / Nature: Code Section: ELK Sec. 30-934. (a) (3) Description: Previously cited on 03/03/2017. All vehicles must be removed from landscaped areas. Number Description Floor Location: Backyard Category / Nature: Code Section: ELK Sec. 30-934. (a) (2) Description: Previously cited on 03/03/17. Yard must be kept neat, clean, and uncluttered. Abate By U/A U/A U/A 7 8 10 11 09t28117 RV Remarks: On November 17,2017 ,l, Chief T. John Cunningham, completed an exterior visual inspection of property located at fi72fip:.on Ct. NW in Elk River, MN. Accompanying me was Deputy Chief Aaron Sunaft. The inspection was done from public property and from an adiacent property afler receiving permission from the property owners. The purpose ofthe inspection was to verify compliance with an Order of Violations/Order to Conect 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 lhe 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 ftom 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 laMul 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: aftempted 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. o Page#:2 PID: Phoenix lD: I I ll Key: The numbering ofviolations is for identification purposes only and shall not be construed as bearing in any way on the seriousness of any violation. 'U" Unabated - Violation unconected "A" Abated - Violation corrected 'W" - Violation is withdrawn -R" - Violation is Recommended "V" - Void "TE' - Time Extension 'RV* denotes recuning violation. Page#: 3 Premises Address: 1772 Tipton Ck NW 1772 Tipton Cir NW Elk River, MN 55330 75-535-01 15 Violation#: 7 ADDITIONAL EXPLANATION Chapter 46 NUISANCES nl 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, iunk vehicles or inoperable vehicles, unlicensed vehicles, debris or abandoned motor vehicles as defined by Minn- Stats. ch. 1688- Violation#: 8 Chapter 46 NUISANCES [11 ARTTCLE [. PUBLTC NUTSANCES [21 Sec. 46-32. Public nuisances affecting health. (a) The following are declared lo be nuisances affecting public health: (5) Accumulations of manure, rubbish, tin cans or other debris. Violation#: 9 CHAPTER 3 GENERAL REOUIREMENTS 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 conosion, 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] Violation#: 10 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. i $$iftttt Violation#: 1 1 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 d istricts: (2) All landscaped areas shall be kept neat, clean and uncluttered. Page#: 4 PID: 'i!EE during rcgular business hours. MSFC:2007 Minnesola State Fir€ Code as adopted by lh€ State of Minnesota. IPMC: 2012 lnt€rnalional Prop€rty Msintonance Code as adopled by the City ot Elk Rlver COER: Code of Ordanances as adopted by the City of Elk River. The followiog outlines the appals processes available those affeclsd by this Notice. Fko/Llf6 Safoty lnip.ctlon3 (Mlnn6ote St.tc Fke Code) Rent l Dwellhg Llc.n.lng (lnlernation.l Prop€rt lu.lnt6n.nc6 Cod.) MSFC 108.1 Appeals to lhe stale fne meBhel. A! outin6d in Minn$ot! Statrtes, seclion 299F.01 I , subdivisions 5 and 5b, any pers{,n may appeal an oder issuod to them by the slat! jire marshal or lclion Irken by the locsl lowming dy on i!su.! rogulalcd by this codc. Appeals can be mrd. to d.tcrmine tha suitabilily of altlmaL mairrial! and tpes ol of lh6 ord€rs. Ord6B shell not be conskjeGd lo bo oxpired untl eny tirnc 6nensions grent d by th. !tat! fir€ marshal hav. .laps€d. Th6 !i!t ftru marshal shall nol .cc.pt applic€tions for vaiancos affer criminalaction for noncomplianc6 has b€€n inlliated purcuanl to Minnesota Slatul6s, soction 299F.011, subdivision 6, IPMC 111.1 Mesn3 of App.el. Any peBon dir6ciy affected by a d6ckion of th6 code ofici.lor e nolic. or ordor b.u.d und.rt s code 3h.llhav! th€ rttht to app€allo thc boad of code ere adequatoly salisfied by other rn€ans. Addraaa Ths offcisl maillng end notmc€bn acldress lor the Cily of Elk River 16 13065 Olono Parkway. Elk River, MN 55330 Page#: 5 December 5, 2017 Kenton Rasmusson 1772 Tipton Circle N\V Elk Rivet, MN 55330 Re 1772 Tipton Circle N\tr7, Elk fuvet, MN 55330 Dear Mr. Rasmusson, This lettet is in regatds to yout submitted "Request fot Extension of Time to Obtain Compliance with a Notice of Violations and Otdet to Cortect" that was teceived by our of6ce on September 28, 2077 , a, copy is attached hereto. You are heteby advised that your request is denied fot the following teasofls:. Form is incomplete (no timeftame in which wotk will be completed was provided); r There has been no demonsttated good faith effot to correct the violations; I No undue hardship has been demonstmted by the requesting parry. Also, requests must be made by a "duly authorized representative of the addressed property." The property owner(s) must provide notice to the city that you are authotized to act as in the capacity of agent and/ot legal tepresentative of the ptopety. The original deadline(s) and lawful orders remain in fr.rll effect Sincerely, r.J Cunningham Fire Chief Cc: Peter Beck, City Attomey 13073 Orono Parkway Elk Rivet, MN 55330 7 63.635.7700 NAN.NE ttttltr tt www. ElkRiverNIN.gov,/ FLe 4 fatit .a Elk Rlver Flro Dcpartrnent Fire & Bulldlng Sefcty Dlvlslon 13065 Otoao Petkqny N!7 . Elk River, MN 55330 763.635.10& ERFD.FABS@ElkRivcrlIN.gov Request for Extension of Tlme to Obtaln Compllance with a Notice of Yiolations an0.Order to Correct I Section l: Owner and Applicant lrform.tion a2'l I tfl ER Phocnix ID: Unit Numbec 3 te:Zipt t|rwtIt)C t- Cityt Applicaot Neme Applicaot Addrcss: Detc of Ioitid Inspcctioo: Codc Scction: fi S Citp Statc:zip Violatioo Nuabcr: Odgiod Abatc By Nou: {nqtcninga axkssiotfor mon tba otc tiolaliott, nbnil an @lulionfor ucb indfuidul dolation Vcrsion: August 10, 2015 Policy Refercnce: 8012 (Rcquest fot Extension) Prgmises Addr?ss: Af River, City ot 13065 Ordlo Pl(wy Nw Er( Riw'. r, 55330 LoCSIE: srote Reg*: PlFedr lD:I .nnal lnsped.d ofl O8rIr7/15 \1 1!st tntoeoed on 08D7/r5 T. JoIn Cunnlmnafll\\lniial hspedor: Tho vbblbns cited on th3 abov€ gromlses srtd ,6-t.!Il{umbar Ab.t. By U/A U/A U'A I Loceion: Froot Oltcs/Recoption lsl Fbor Cat€gory i }.ail[o: Cod€ S.clirl; llSFC, dE.s Desshlo R€mow permlnad oxteftsin ca(,s. 09/06/'r5 FloorDaac ption Pmpctty Nrmc: Addrcss ofProperty: Citfi Building Owncr Ocrocr AddrEss: Section 2: Yiolation Information Htr#F1E t frila TAa' 3t*Lci/(h/f # oW&47!,,\ to{ate: to Dcscribc the s an ls Date wo* will be complctcd:(m,/e/yrW) Section 3: Signaorre Take notice that an epplicatioa for ao cxtcosion constitutes ao admission thet the Noticc ofVioletioos aad Order to Corrcct is Ecnrlly rod corcct and that thc violatioo docs or did "*i.c lo addition, the epplication for en cxtcasioo cons e veivcr of thc 'ight to appcal as to thc violation fot which aa extcosioa is epplicd" Ownet/Appliceat Signrtrrc Mfikadt!aiboripd oJrk Pnpdr. I , 01. 3 Date: NO U s ( eor rs 5 filr _KJ Co t4//*2 uil[l AP &,otApproved Inspector: Iaitial Superisoc 1 qL^l ob Subseoucnt (numbcr rcouest) Denied This request is thc: This request is:Rcccivcd:r/ e. Office Use Only P^*2 I tr tr Elk Rive. Fire Department 13073 Orono Parkway Elk River, MN 55330 763.635.1100 www. ElkRiverMN.gov/Fire Phoenix lD Pto: To: Rasmunsson, Pat 1797 Tipton Cir NW,103 Elk River, MN 55330 NOTICE OF VIOLATIONS and ORDERTO CORRECT Municipality: lnspected on lnspected by Premises: Elk River November 17, 20'17 T. John Cunningham 1772 Tipton Cir NW '1772 Tipton Ck NW Elk River, MN 55330 ?1du ?-*n=.i lnspeclion Type: Rental Dwelling owl{ER Rasmusson, Gary 25830 Hickory Blvd, 202 Bonita Springs, FL 34134 Phone: (763) 441-1370 Use Group: TEIiIAI{T/OPERATOR This is to notiff you that the Elk River Fire Department conduc{ed an inspection on the aforementioned premises on the above dale. The attached report shows areas that do not comply with applicable local, state and/or Heral law. ORDER TO COIIIPLY: 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). lf a re.inspection disdoses that violations have not been conect€d, and a written odensir:n has NOT been requested and granted, you may be subied to further administrative and/or criminal penalties as provided for by law. lf 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. lf you do not understrand this Notice, need assistance, or desire further information, please call the Fire & Building Safety Division at 763.635.'1060. Once you have corracted the outstanding violation(s), please contact uB to schedule a re-inspection. LHU Classification AGENT rnspector:r;lon ,i/onBy T. John Cunningham, Fire Chief T. John Cunningham, Fire Chief 11117117 Signature of Owner or Representative Printed Name of Owner or Representative Date APPEAL RIGHT$EXTENSIONS: See th€ attached page of intormation conceming your administrative appeal rights, suthorized penalties and the procedure for roqu€sting an sxtEnsion of lime in which to coneci violations. Page#: 1 2241 7r,53$,01 15 Violations Premises: 1772 Tipton Cir NW Address: 1772 Tipton Cir NW Elk River, MN 55330 Owner: Rasmunsson, Pat Address: 1797 Tipton Cir NW,103 Elk River, MN 55330 The Violations cited on the above premises are as follows: PID: Phoenix lD: 7+53t0115 2241 Number Description Floor Abate By U/A U/A U/A 7 Location: Category / Nature: Code Section: Description: Backyard ELK Sec. 4G34. (a) (2) All inoperable and/or unlicensed vehicles, machinery, and iunk must be cleared. This is also in violation with the lntemational Property Maintenance Code section 302.8 Motor Vehicles. 09t28117 U 8 Location: Backyard Category / Nature: Code Section: ELK Sec. 46-32. (a) (5) Oescription: This is also in violation of The lntemational Property Maintenance Code seclion 302.1 Sanitation. 09128117 U 9 Location: Home Exterior Category / Nature: Code Section: IPMC, 304.2 Description: The siding on the home is in need of repair, any holes, decaying wood producl, and flaking paint shall be restored. 09t28117 U 10 Location: Backyard Category / Nature: Code Section: ELK Sec. 30-934. (a) (3) Oascription: Previously citod on 03/03/2017. All vehicles must be removed from landscaped areas. 09128117 RV 11 Location: Backyard Category / Nature: Code Section: ELK Sec. 30-$a. (a) (2) Description: Previously cited on 03/03/17. Yard must be kept neat, clean, and uncluttered. o9t28t17 RV Remarks: On November 17,2017,I, Chief T. John Cunningham, compleled an exterior visual inspeclion of property located at 1772 Tipton Cir. NW in Elk River, MN. Accompanying me was Deputy Chief Aaron Sunatt. The inspec{ion was done from public property and from an adjacent property afier receiving permission ftom the property owners. The purpose ofthe inspeclion 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 refuso and discarded items throughout the beckyard, including trash, vehicles, and abandoned machinery. A white pickup was parksd direclly 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 inspeclion, 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 \,vent to fast busy signal. Requests for time extensions are denisd. Updated photos added as attachment. Page*:2 I Key: The numbering of violations is for identification purposes only and shall not be constued as bearing in any way on the seriousness of any violation. "U' Unabated - Violation unconected 'A" Abated - Violation conected n\/'- Violation is withdrawn "R'- Violation is Recommended 1/' - Void TE' - Time Extension 'RV' denotes recuning violation. Page#: 3 Premises: Address: 1772 Tipton Cir NW 1772 Tipton Cir NW Elk River, MN 55330 PID:7+53+0'115 Violation#: 7 Violation#: I ADDITIONAL EXPLANATION Chapter 46 NUISANCES nl ARTTCLE r. PUBLIC NUTSANCES [2] Sec. 4&34. Public nuisances affec{ing p6ace and safety. (a) The following shall be d€clared to be nuisances afiecling public peace and safety: (2) The piling, storing or keeping of old machinery, junk, junk vehiclss or inoperable vehicles, unlicensed vehicles, debris or abandoned motor vehicles as defined by Minn. Stats. ch. 1688. Chapter 46 NUISANCES tll ARTTCLE [. PUBLTC NUISANCES [21 Sec. 4G32. Public nuisancos affec-ting health. (a) The follorving are declared to be nuisances afiec{ing Public health: (5) Accumulations of manure, rubbish, tin cans or oth€r debris. Violation#: 9 Violation#: 10 Violation#: 1 1 CHAPTER 3 GENERAL REQUIREMENTS SECTION 3(X EXTERIOR STRUCTURE 3(X.2 Prot€clive treatment. All exterior surfaces, including but not limited to, doors, door and window frames, @rnices, 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 proteclive 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 subiecl to rust or conosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or conosion shall be stabilized and coated to inhibit fulure rust and conosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this require- ment' [Fl Chapter 30 LAND DEVELOPMENT REGULATIONS [11 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 b€ used for the parking of vehicles or the storage or display of materials, supplies or merchandise. Chapter 30 LAND DEVELOPMENT REGULATIONS [11 ARTICLE VI. ZONING DIVISION 5 SUPPLEMENTAL REGULATIONS Sec. 3G934. Landscaping. (a) General requirements. The following general requirements are applicable to all districts: (2) All landscaped arsas shall be kept n6at, clean and uncluttered. Page#: 4 -r. -t ? ,tl \ dudng legulsr buslness houB. ttSFC; 2m7 Minnssols State Firs Codo ss sdop!6d by th€ Slet6 of Minn€.ob. lPXc: 2012 lntematlonsl Prcpsrty Melnlenance Code e3 edop!6d by lh6 Clty of EII River. COER: Cod€ of Odlnancas ss adopted by trs City ot Elk Riv€r. AppoelB Th6 follo*ing outlifles lh6 app€eB prcc6ss6s evailebl€ lhos6 alfeoted by thb Nolico, Flr./Lffe S.Lly lnspec{lon. (irlnnGotr Stlt Fk. Codo) IPUC 111.1 M..n. o( App.d. Any pcBon dir6c{y .fic*d by . dcci.ion of th. codc olficisl or. nolicc or ords i..u.d und€r t s cod. rh.ll h.ve thG (tht to .pp€i to thc bo.td ol appcal6, provir.d thel a wn.tlcn .pdic€ton tor.ppc.l b fl€d wilhin 20 days sf€r thc d.y of $. d.drion, noLs or ord!. was 6€rl/€d. An .pplicalion ,or.pp.el 3hall bc be!.d on . code ar6 ad6quat6ly s€lisfod by olher m6ans. 3teb fire m.trh.l or scthn t kcn by the local govGming body on iaqrq! IlguhH by thb cod6. Appdl! can b6 medc b dotarmine th. .uibblity of dbmrtr m8tlri ! and typ.! of ot lha ord6ra. Ordala shall not ba consHelEd to ba cpirgd unu any lim6 €xEnalona erentod by tha ateb fir6 nrer3hal haw cleplad. Tha 3bi! fra m8rrhel ahall not eccapt applicallons lor vedsncss aier cdmlnsl actlon lor noncompllenc€ h6B be€n lnltletod purauanl lo Mlnn€eoia Siatut68, Bocllon 299F.01 1 , Bubdfulsion 6. Rr .l Oucllh! Llc.n.lng (lnt rmtloml Prop.O Xelnt mnc. cod.) Addres3 Th€ official rnaillng snd notltication addGss for th€ City ofElk Rtu6r b 13065 OtDno Psrkwtsy, Elk Rlv6., MN 55330. Page#: 5 Denial/Non-Renewal of Rental Dwelling License 1772 Tipton Circle NW City Council Meeting Monday, December 4, 2017 Overview 1772 Tipton Circle NW Non-owner occupied (rental) single-family dwelling Previously licensed rental dwelling; renewal application pending Initial inspection on 08/29/2017 Exterior reinsertion on 11/17/2017 Recurring violations of city ordinance 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 and tenant requested extension Denied No “Good Faith” effort to abate violations Exterior re-inspection completed on 11/17/2017 Rental Dwelling Ordinance Staff recommending denial of Rental Dwelling License 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. Denial criteria …frequency and seriousness of the violations 11/17/2017: licensing re-inspection (5 violations) 08/28/2017: licensing inspection (5 violations) 03/03/2017: complaint inspection (3 violations) 10/31/2017: complaint re-inspection 10/11/2016: licensing re-inspection (1 unabated violation) 08/11/2016: licensing inspection (2+1 violation) 06/07/2016: complaint inspection (1 violation) Denial criteria …the ease with which such violations could have been cured or avoided Recurring history of same or similar violations No undue hardship Denial criteria …and good faith efforts to comply. No effort to comply with lawful orders 11/17/2017 08/31/2017 City Council Action Public Hearing per Sec. 30-199(a)(1) Action: Direct staff, by motion, to prepare a finding of facts denying the rental dwelling license for 1772 Tipton Circle NW