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8.2. SR 12-16-2019 Eclty1� ,.,�� Request for Action River To Item Number Mayor and City Council 8.2 Agenda Section Meeting Date Prepared by General Business December 16, 2019 Zack Carlton,Planning Manager Item Description Reviewed by Declaration of Public Nuisance and Abatement Scott Baumgartner, City Attorney Order Reviewed by Cal Portner, City Administrator Action Requested Receive presentation from the city attorney's office regarding court ordered abatement. Adopt,by motion, a resolution declaring the property at 1772 Tipton Circle NW a public nuisance and ordering the abatement of the public nuisance. Background/Discussion The city has received numerous complaints regarding the accumulation of materials and rubbish at 1772 Tipton Circle NW. The property is in violation of Elk River City Code Chapter 46,Art. II, Section 46- 34(a) (4) and City Code Chapter 46,Art. II, Section 46-32 (a) (5),both of which relate to the accumulation of trash/rubbish/and debris. Enforcement efforts on this parcel stretch back to the spring and summer of 2018 which lead to the City Council approving a deferred assessment agreement for the property. Approval of that document ultimately lead to the property coming into compliance without the need for city-initiated abatement,but in the spring of 2019 the property again became a public nuisance as the accumulation of debris and rubbish started again. Throughout the summer, staff made numerous visits to the property, spoke with the property owners and tenants regarding the need to clean up the property, and issued multiple letters and a criminal citation in an effort to gain compliance with the property. Unfortunately, the city's efforts have not brought the property into compliance and as of the latest inspection on December 4, 2019, the property is still in violation. Included in your packet is a record of the site visits,letters sent to the owner and tenant, and photographs taken during these visits. A criminal citation was also issued on October 24, 2019. In order to abate the city ordinance violations on the property, staff is recommending that the City Council authorize abatement procedures allowed under MN Statute Chapter 463. Staff is seeking adoption of a resolution ordering abatement of the hazardous property/public nuisance. POWERED By The Elk River Vision INAWREJ A PehoMing community Pitb revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity The definition of a hazardous property, as defined by Minnesota Statute 463.15, Subdivision 3,is as follows: "Hazardous building or hazardous property" means any building or property,which because of inadequate maintenance, dilapidation,physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. Minnesota Statute 463.16 (Repair or Remove Hazardous Property Condition) grants any municipality the authority to order the owner of any hazardous property within the municipality to correct or remove the hazardous condition of the property. Minnesota Statute 463.161 (Abatement) grants any municipality the authority to correct or remove the hazardous condition of the property. Included in your packet is a Resolution (1) declaring the Subject Property a"hazardous property" and "public nuisance" and (2) ordering the abatement of the hazardous property and public nuisance. Financial Impact None, the costs of abatement,including legal fees, can be assessed to the subject property. Attachments ■ Abatement Resolution ■ Inspection Record ■ Site Photographs ■ Order to Correct dated June 25, 2019 ■ Legal Letter dated July 16, 2019 N:APublic Bodies\Agenda Packets\12-16-2019\Final\x8.2 sr Declare Public Nuisance.doc City of Elk City of Elk River Wver City Council Resolution 19- A Resolution of the City Council of the City of Elk River Declaring the Property at 1772 Tipton Circle NW a Public Nuisance and Ordering the Abatement of the Public Nuisance WHEREAS, the property located at 1772 Tipton Circle NW, Elk River,Minnesota 55330, is in the jurisdictional boundary of the City of Elk River; and WHEREAS, the City of Elk River received numerous complaints concerning the exterior accumulation of junk/rubbish/refuse located in the front and rear yard of the above Subject Property; and WHEREAS, City of Elk River staff conducted an inspection of the Subject Property on June 25, 2019, and observed and documented the exterior accumulation of junk/rubbish/refuse as cited in the complaint received; and WHEREAS, during the June 25, 2019,inspection of the Subject Property, staff determined the conditions of the Subject Property constituted violations of Elk River City Code Chapter 46,Art. II, Section 46-34(a) (4) and City Code Chapter 46,Art. II, Section 46-32 (a) (5); and WHEREAS, it has been determined by City Council, as stated by City Code Chapter 46, Article II, Section 46-34 (a) (4), that the depositing of garbage, trash,rubbish,bottles, cans and other refuse on a public right-of-way or on private property shall be declared a nuisances affecting public peace and safety; and WHEREAS, it has been determined by City Council, as stated by City Code Chapter 46, Article II, Section 46-32 (a) (5), that the accumulations of manure,rubbish, tin cans or other debris shall be declared a nuisances affecting public health; and WHEREAS, the registered property owner legally responsible for the Subject Property, and the tenant living on the property,were issued an Order to Correct on June 25, 2019, for the aforementioned violations of City Code; and WHEREAS, the Subject Property was re-inspected by staff on July 3, 2019, and was found to still be in violation of City Code for the continued and unresolved exterior accumulation of junk/rubbish/refuse; and WHEREAS, the registered property owner legally responsible for the Subject Property, and the tenant living on the property,were issued a legal letter on July 16, 2019, for the aforementioned violations of City Code; NATUREI WHEREAS, the Subject Property was re-inspected by staff on July 22, 2019, and was found to still be in violation of City Code for the continued and unresolved exterior accumulation of junk/rubbish/refuse; and WHEREAS, the Subject Property was re-inspected by staff on August 2, 2019, and was found to still be in violation of City Code for the continued and unresolved exterior accumulation of junk/rubbish/refuse; and WHEREAS, the Subject Property was re-inspected by staff on August 27, 2019, and was found to still be in violation of City Code for the continued and unresolved exterior accumulation of junk/rubbish/refuse; and WHEREAS, the Subject Property was re-inspected by staff on September 10, 2019, and was found to still be in violation of City Code for the continued and unresolved exterior accumulation of junk/rubbish/refuse; and WHEREAS, the Subject Property was re-inspected by staff on October 9, 2019, and was found to still be in violation of City Code for the continued and unresolved exterior accumulation of junk/rubbish/refuse; and WHEREAS, the Subject Property was re-inspected by staff on October 22, 2019, and was found to still be in violation of City Code for the continued and unresolved exterior accumulation of junk/rubbish/refuse; and WHEREAS, the Subject Property was re-inspected by staff on November 13, 2019, and was found to still be in violation of City Code for the continued and unresolved exterior accumulation of junk/rubbish/refuse; and WHEREAS, the Subject Property was re-inspected by staff on December 4, 2019, and was found to still be in violation of City Code for the continued and unresolved exterior accumulation of junk/rubbish/refuse; and WHEREAS, the registered property owner legally responsible for the Subject Property failed to comply with Order to Correct issued on June 25, 2019; and WHEREAS, the City seeks to abate the aforementioned violations of City Code by initiating abatement procedures allowed under MN Statute Chapter 463; and WHEREAS, the Subject Property meets the definition of a hazardous property as defined by Minnesota Statute 463.15 Subdivision 3, as follows: M. S. 463.15 DEFINITIONS Subd. 3. Hazardous building or hazardous property. "Hazardous building or hazardous property" means any building or property,which because of inadequate maintenance,NATUREJ physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. WHEREAS,Minnesota Statute 463.16 grants the governing body of any municipality the authority to order the owner of a hazardous property to correct or remove the hazardous condition of the property,which reads as follows: M. S. 463.16 REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION. The governing body of any municipality may order the owner of any hazardous building or property within the municipality to correct or remove the hazardous condition of the building or property or to raze or remove the building. WHEREAS, Minnesota Statute 463.161 grants the governing body of any municipality the authority to abate any hazardous condition of any hazardous property,which reads as follows: M. S. 463.161 ABATEMENT. In the manner prescribed in section 463.21 the governing body of any municipality may correct or remove the hazardous condition of any hazardous building or property; the cost of which shall be charged against the real estate as provided in section 463.21 except the governing body may provide that the cost so assessed may be paid in not to exceed five equal annual installments with interest therein, at eight percent per annum. NOW, THEREFORE, BE IT RESOLVED that based on the findings above, the Elk River City Council hereby declares the Subject Property located at 1772 Tipton Circle NW, Elk River,Minnesota 55330,with Property ID number 75-535-0115, and as legally described above, a hazardous property and a public nuisance. BE IT FURTHER RESOLVED the Elk River City Council hereby orders the abatement of the hazardous conditions in violation of City Code in a reasonable amount of time,not to exceed 20 days from the date of service of this order of abatement to the registered property owner. BE IT FURTHER RESOLVED by the Elk River City Council that regardless of the time frames for compliance, the registered property owner has twenty (20) days from the date of service of the order of abatement to contest the order of abatement in accordance with Minnesota Statute 463.18, as follows: M. S. 463.18 ANSWER Within 20 days from the date of service, any person upon whom the order is served may serve an answer in the manner provided for the service of an answer in a civil action, specifically denying such facts in the order as are in NATUREJ BE IT FURTHER RESOLVED by the Elk River City Council that if an answer is served within the twenty (20) day period, the contested case will proceed in accordance with Minnesota Statute 463.20, as follows: M. S. 463.20 CONTESTED CASES If an answer is filed and served as provided in section 463.18, further proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts, except that the action has priority over all pending civil actions and shall be tried forthwith. If the order is sustained following the trial, the court shall enter judgment and shall fix a time after which the building must be destroyed or repaired or the hazardous condition removed or corrected, as the case may be,in compliance with the order as originally filed or modified by the court. If the order is not sustained,it shall be annulled and set aside. The court administrator of the court shall cause a copy of the judgment to be mailed forthwith to the persons upon whom the original order was served. BE IT FURTHER RESOLVED by the Elk River City Council that if the registered property owner does not comply with this order of abatement, the City will seek summary enforcement of the order of abatement and authorizes the City Administrator to undertake all actions necessary to enforce and execute the order of abatement. Any and all costs incurred by the City to enforce and execute the abatement order will be assessed to the property by special assessment. Passed and adopted this 161h day of December 2019. John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREJ File Summary Report: 19-000002 12/12/2019 Case Information: Case #: 19-000002 Status: Open Disposition: Address:Neighborhood: 1772 TIPTON CIR Priority: ELK RIVE MN 55330 Open Date: 05/22/2019 Property Owner:RASMUSSON, GARY & PATRICIA Parcel Number:75-535-0115 Sub-Division: How Received:Close Date: Responsible User: Zack Carlton Type: Approximate Location: around and behind the garage. Description: Re-Inspection for items located on grass and parking on unapproved surfaces. Stacks of used tires Legal Description: Categories: Citizens: Name Home Address Home Phone Business Phone Association Violations: Open Date Code Description Status Disposition Close Date Jun 25, 2019 46-32 (5) Rubbish - Public Health Open Jun 25, 2019 46-34 (a) (4) Rubbish - Peace and Safety Open Chronological History: Date Type User Activity Status 05/02/2019 Re-Inspection Dave Hetrick Fail Comments: 05/14/2019 Re-Inspection Dave Hetrick Fail Comments: 06/25/2019 Inspection Dave Hetrick Fail Comments:inspected the property for status of debris and junk on property. Tires and other materials still present. 07/03/2019 Inspection Dave Hetrick Fail Comments:Still refuse and stack of tires 07/08/2019 Inspection Dave Hetrick Fail Comments: 07/22/2019 Re-Inspection Dave Hetrick Fail Comments:Tires are gone but refuse in garage area is still there 08/02/2019 Re-Inspection Dave Hetrick Fail Comments: 08/14/2019 Re-Inspection Dave Hetrick Pass Comments:re-inspect the property for code compliance 08/27/2019 Re-Inspection Dave Hetrick Fail Comments: 09/10/2019 Re-Inspection Dave Hetrick Fail Comments: 10/22/2019 Re-Inspection Zack Carlton Fail Comments:Re-Inspection 10/22/2019 Re-Inspection Zack Carlton Fail Comments:Camper is still unlicensed. Debris/trash still located in front of garage, and stacks of tires are in the back yard. 11/13/2019 Re-Inspection Zack Carlton Fail Comments: 12/04/2019 Re-Inspection Zack Carlton Fail Comments:additional potentially inoperable vehicles are now located on the property. May 2, 2019 May 14, 2019 May 31, 2019 May 31, 2019 June 25, 2019 July 3, 2019 July 22, 2019 August 2, 2019 August 14, 2019 August 27, 2019 September 10, 2019 October 9, 2019 October 22, 2019 November 13, 2019 December 4, 2019 June 25, 2019 RASMUSSON, GARY & PATRICIA 1797 TIPTON CIRCLE NW, SUITE 103 ELK RIVER, MN 55330 CE Case No: 19-000002 NOTICE OF VIOLATION and ORDER TO CORRECT Inspected on: June 25, 2019 This is to notify you that the City of Elk River conducted an inspection on the aforementioned premises on the above date. The attached report shows areas that do not comply with the applicable local, state, and/or federal law(s). ORDER TO COMPLY: Since these conditions are contrary to law and pose a threat to the health, safety, and general welfare of the public and occupants, you are required to 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 the violations have not been corrected, and a written extension has NOT been requested or granted, you may be subject to further administrative and/or criminal penalties as provided for by law. Once you have corrected the outstanding violation(s), please contact us to schedule a re-inspection. If you do not understand this Notice, need assistance, or desire further information, please call Elk River City Hall at 763.635.1000. Dave Hetrick Code Enforcement Official Violations GARY AND PATRICIA RASMUSSON 1772 TIPTON CIRCLE NW ELK RIVER, MN 55330 Short Description: Rubbish - Peace and Safety Type: Public Nuisance Date Inspected: Latest Inspection: Correct/Address by: 06/13/2019 Ordinance: 46-34 (a) (4) Full Description: (a) The following shall be declared to be nuisances affecting public peace and safety: (4) The depositing of garbage, trash, rubbish, bottles, cans and other refuse on a public right-of-way or on private property. Short Description: Rubbish - Public Health Type: Public Nuisance Date Inspected: Latest Inspection: Correct/Address by: 06/13/2019 Ordinance: 46-32 (5) Full Description: (a) The following are declared to be nuisances affecting public health: (5) Accumulations of manure, rubbish, tin cans or other debris. Frequently Asked Questions What is code enforcement? The Elk River City Council has established goals and expectations for the general health, safety, welfare, and aesthetic standard of the community. These expectations are adopted as law in the city Code of Ordinances. The Code Enforcement Division provides enforcement services for nuisance violations of the City Code of Ordinances that impact the safety and quality of life of the community. While code enforcement primarily maintains quality of life standards, it also plays an important role in the early identification and mitigation of unsafe entry points, exterior hazards, public health hazards, and compliance with humane pet standards. How is the complaint process initiated? The code enforcement process is typically initiated in several ways: 1) in response to a complaint by an individual, 2) as a consequence of an action (i.e., an application for a building permit or a request for a zoning variance); or 3) observation of a code violation by the code enforcement division or other city public safety staff. Minnesota state law prohibits the release of the identity of individuals who make a complaint. Minn. Stat. 13.44 states: The identities of individuals who register complaints with government entities concerning violations of state laws or local ordinances concerning the use of real property are classified as confidential data, pursuant to section 13.02, subdivision 3. Why am I receiving a formal letter and not a courtesy phone call? Your property has one or more city code violations. The city, in most circumstances, is required to provide a written notification to the owner of the property. What happens if I ignore this order? Additional penalties, including criminal prosecution, are possible. Your immediate attention is required. DO NOT IGNORE THIS ORDER What if my tenant is the party responsible for creating the violation? You are receiving this notice because you are the owner of record and are ultimately responsible for ensuring that the violation(s) listed in this notice are corrected. You may also be subject to fees for corrective action initiated by the city and/or fines for failure to comply. Appeals You have the right to appeal this determination. The process is outlined in the city’s Code of Ordinances, a summary of which is provided below. Applications, forms and the city’s adopted fee schedule can be found online at www.elkriverMN.gov and are also available at city hall (13065 Orono Parkway NW). Sec. 30-633 - Appeals, adjustments and variances generally (a) The board of adjustments has the following powers with respect to this article: (1) Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the land development staff in the enforcement of this article. (2) Hear requests for variances from the literal provisions of this article. (b) The board shall provide for a record of its proceedings which shall include minutes of meetings, findings, and the action taken on an appeal or variance, including its final order and any conditions established in connection therewith. Sec. 30-634. - Appeals. (a) An appeal as specified in section 30-633 may be made by any person (appellant), including a city officer or employee, affected by an action of the land development staff. An appeal may be made only following the transmission of a written notice of appeal upon a form provided by the city which specifies the subject and grounds therefor. Such notice must be received by the director of planning within 60 days following the issuance of the order, requirement, decision or determination which is the subject of the appeal. (b) The board, on appeal, may reverse, affirm or modify any order, requirement, decision, or determination from which an appeal has been taken, provided that any decision shall be consistent with this article. All final decisions of the board regarding appeals or variances shall be by written order. In making orders the board shall have the powers of the administrative official from whom the appeal is taken. Sec. 30-636. - Hearings. On receipt of a request for a variance or notice of appeal, the board of adjustments shall set a date for a hearing thereon, which shall occur not later than 30 days following the city's receipt of the request or notice. Not less than ten days before the date of the hearing, notice of the hearing shall be mailed to the petitioner or appellant, be published in the official newspaper, and be mailed to each owner of property situated wholly or partly within 350 feet of the property to which the variance or appeal relates. Failure of a property owner to receive notice shall not invalidate the hearing or proceeding. Sec. 30-637. - Decisions. Within 30 days after the hearing, the board of adjustments shall make a decision on the matter, which shall be transmitted to the appellant or petitioner by mail. The board shall act to approve, deny or approve with conditions the appeal or request for a variance. Decisions of the board to approve or approve with conditions an appeal or request for a variance shall be final unless appealed to the city council, and shall be effective on the 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 Chapter 46 of the Elk River Code of Ordinances addresses nuisances. If the attached notice contains violations pertaining to Chapter 46, notice is hereby given that the city may, at its discretion, abate the nuisance as outline in Sec. 46-38: (a) Upon discovering a public nuisance under the provisions of this article the city administrator or designee shall serve a notice upon the owner of the property upon which the nuisance exists. Such notice shall be given by certified mail at the last known address as shown on the property tax records of the county. Such notice shall advise that a nuisance exists and require the property owner to abate the nuisance within a reasonable time, as established by the city administrator or designee and stated in the notice. Such time shall not be less than 14 days. Such notice shall also advise the property owner of the right to request a hearing before the city administrator or designee to contest the contents of the notice. (b) If requested by the person upon whom the notice is served under subsection (a) of this section, a hearing before the city administrator or designee shall be held at which the person may contest the contents of the notice. The request for such a hearing must be made within five days after receipt of the notice provided for in subsection (a) of this section. After such hearing the city administrator or designee may affirm the notice, modify the notice or quash the notice. (c) If the property owner does not abate the nuisance as required by the notice provided for in subsection (a) of this section and has not requested a hearing before the city administrator or designee under subsection (b) of this section, authorized agents of the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against the property upon which the nuisance was located. (d) If the property owner requests a hearing before the city administrator or designee under subsection (b) of this section, no abatement actions shall be taken until the hearing is held. If after the hearing the city administrator or designee affirms or modifies the notice and the nuisance is not abated as provided in the notice as affirmed or modified, authorized agents of the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against the property upon which the nuisance was located. (e) Nothing in this section prevents abatement by the city of a public nuisance without notice and hearing in the case of an emergency in which there is an immediate and direct threat to the public health or safety. The expense of such an emergency abatement shall be collected as a special assessment against the property upon which the nuisance was located. Requests for a hearing with the City Administrator must be made in writing within the timeframe noted above. The address for the City Administrator is 13065 Orono Parkway NW, Elk River, MN 55330. Ln P- i 111 Domestic f�or delivery information, ? = ,1 i visit our website at www.usps.come'. [ `4a :r y ;-z) , Certified Mail Fee ❑ Adult Signature Restricted Delivery ❑ Certified ul $ Delivery 39 Return Recelpt for Er Extra Services & Fees (check box, add fee as appropriate) ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirm, ❑ Return Receipt (hardcopy) $ rq ❑ Return Receipt (electronic) $ PDstmark C3 ❑ Certified Mall Restricted Delivery $ Here 0 ❑Adult Signature Required $ C3 []Adult Signature Restricted Delivery $ _ O Postage r- $ M Total Postage and Fees ri ,a sent To Gary and Patricia Rasmussen '— p 1797 Tipton CircleNW,103 r- Sf�ee[andApENo.,o�i'OBoX Elk River, MN 55330 _____________- City, Stale, -27X49 ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Galy and Patricia Rasmussen - 1797 Tipton Circle NW, 103 Elk River, MN 55330 i IIIIII II III Illilllllll IIII I I III II I III III 9590 9402 1603 5362 8381 37 2. Article Number (transfer_ from service label) 7016 1370 0001 9565 6795 PS Form 3811, July 2015 PSN 7530-02-000-8053 A.5i9 re x X Aden ❑ Addr B. Received by (Printed Name) 10. Date of De D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mall Expre ❑ Adult Signature ❑ Registered MaIITM ❑ Adult Signature Restricted Delivery ❑ Certified ❑ Registered Mall Ri MWIS ❑ Certified Mall Restricted Delivery Delivery 39 Return Recelpt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirm, ❑ Insured Mall ❑ Signature Confirm. ❑ Insured Mail Restricted Delivery Restricted Deliver) (over$500) Domestic Return Re Roger N. Knutson Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Shana N. Conklin Amy B. Schutt James J. Monge, III Jerome M. Porter David S. Kendall Kurt S. Fischer Thomas J. Campbell* *Retired Grand Oak Offkv Center 1 860 Blue Gentian Road Suite 290 l:a�an, N1inne.so u -55 121 Main: 651452-S000 Pax:6S1-234-6237 w«1NN1. ek-law. coni P 9 1FESSIONAL <- A S S O C I AT I O N July 16, 2019 Gary & Patricia Rasmusson 1797 Tipton Circle NW, 103 Elk River, MN 55330 Re: City Code Violations at 1772 Tipton Circle NW Dear Mr. and Mrs. Rasmusson: This office serves as City Attorneys for the City of Elk River ("City"). The City has sent this matter to our office for criminal prosecution of violations of the Elk River City Code. It is our understanding that Code Enforcement Official David Hetrick has attempted to contact you at least twice regarding the ongoing violations existing on the above referenced property. Specifically, Mr. Hetrick has made us aware of the following: • The piling, storing or keeping of old machinery, junk, junk vehicles or inoperable vehicles, unlicensed vehicles, debris or abandoned motor vehicles is prohibited by City Code Section 46.34(a)(2). • You have debris strewn throughout the yard. The depositing of garbage, trash, rubbish, bottles, cans and other refuse on private property is prohibited by City Code Section 46.34(a)(4). PLEASE BE ADVISED: You have fourteen (14) days from the date you were served with this letter to remove all inoperable vehicles and debris from the yard of the above referenced property. Alternatively, you may, within five days from the date you were served with this letter, request a hearing before the city administrator or their designee by filing a written request with Calvin Portner, City Administrator, at 13065 Orono Parkway, Elk River, MN 55330. If you fail to abate the nuisance or request a hearing as outlined herein, the City may initiate summary abatement procedures, in which case the cost of the abatement will be assessed against the above referenced property. Additionally, the City may take any other action available to it to gain your compliance, including criminal prosecution. Each violation is punishable by 90 days in jail and a $1,000.00 fine for each day the violation continues to exist. Gary and Patricia Rasmussen July 16, 2019 Page Two Please make further enforcement action unnecessary by complying with this letter immediately. If you have any questions, please contact Code Enforcement Official David Hetrick at 763-635- 1067. Very truly yours, CAMPBELL KNUTSON Professional Association By: David S. Kendall Postmark Here $ Mr. Kent Rasmussen .a Sent To pC3 St�eefandApt. No., sr FDi3ozNo: 1772 Tipton Circle NW Elk River, MN 55330 ----------------------- ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: Mr. Kent Rasmussen 11772 Tipton Circle NW °'Elk River. MN 55330 III�II�IIIII III�IIIIIIII�III' illll�l III 9590 9402 1603 5362 838144 2. Article Number fTransfar from sarura /ahan 7016 2140 0001 1,474 1302' PS Form 3811, July 2015 PSN 7530-02-000-9052' T f (. B. Receivdd by (Printed Name) i C. Date of Dt D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: [3 No 3. Service Type ❑ Priority Mall Expm ru D. Domestic Mail Only ❑ Adult Signature Restricted Delivery mFor - delivery information, visit our websit, Dellvery :i.'I F F I C 11 Al. Certified Mail Fee J[ Return Receipt fo. ❑ Collect on Delivery r -I Extra Services & Fees (check hog, add fee as appropriate) ❑ Signature Conflm ❑ Return Receipt (hardcopy) $ r'zl C3 0 ❑ Return Receipt (electronic) $ ❑ Certleed Mall Restricted Delivery $. []Adult Signature Required $ ❑ Adult Signature Restricted Delivery $, l-3 Postage -I.. $ _ .. r -a Total Postage and Fees ru Postmark Here $ Mr. Kent Rasmussen .a Sent To pC3 St�eefandApt. No., sr FDi3ozNo: 1772 Tipton Circle NW Elk River, MN 55330 ----------------------- ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: Mr. Kent Rasmussen 11772 Tipton Circle NW °'Elk River. MN 55330 III�II�IIIII III�IIIIIIII�III' illll�l III 9590 9402 1603 5362 838144 2. Article Number fTransfar from sarura /ahan 7016 2140 0001 1,474 1302' PS Form 3811, July 2015 PSN 7530-02-000-9052' T f (. B. Receivdd by (Printed Name) i C. Date of Dt D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: [3 No 3. Service Type ❑ Priority Mall Expm ❑ Adult Signature ❑ Registered MalITi" ❑ Adult Signature Restricted Delivery ❑ Registered Mall R C]Certified Mall® Dellvery ❑ Certified Mall Restricted Delivery J[ Return Receipt fo. ❑ Collect on Delivery Merchandise ❑ Collect an Delivery Restricted Delivery ❑ Signature Conflm ❑ Insured Mall ❑ Signature Conflm ❑ Insured Mail Restricted Delivery Restricted Deliver Domestic Return R �}T CAMPBELL KNLITSON PROFESSIONAL <�, ASSOCIATION Roger N. Knutson July 16, 2019 Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Kent Rasmusson Soren M. Mattick Henry A. Schaeffer, III 1772 Tipton Circle NW Alina Schwartz Elk River, MN 55330 Shana N. Conklin Amy B. Schutt James J. Monge, III Jerome M. Porter Re: City Code Violations at 1772 Tipton Circle NW David S. Kendall Kurt S. Fischer Thomas J. Campbell* Dear Mr. Rasmusson: *Retired This office serves as City Attorneys for the City of Elk River ("City"). The City has sent this matter to our office for criminal prosecution of violations of the Elk River City Code. It is our understanding that Code Enforcement Official David Hetrick has attempted to contact you at least twice regarding the ongoing violations existing on the above referenced property. Specifically, Mr. Hetrick has made us aware of the following: • The piling, storing or keeping of old machinery, junk, junk vehicles or inoperable vehicles, unlicensed vehicles, debris or abandoned motor vehicles is prohibited by City Code Section 46.34(a)(2). • You have debris strewn throughout the yard. The depositing of garbage, trash, rubbish, bottles, cans and other refuse on private property is prohibited by City Code Section 46.34(a)(4). PLEASE BE ADVISED: You have fourteen (14) days from the date you were served with this letter to remove all inoperable vehicles and debris from the yard of the above referenced property. Alternatively, you may, within five days from the date you were served with this letter, request a hearing before the city administrator or their designee by filing a written request with Calvin Portner, City Administrator, at 13065 Orono Parkway, Elk River, MN 55330. If you fail to abate the nuisance or request a hearing as outlined herein, the City may initiate Grand Oak Office C'entv.r I summary abatement procedures, in which case the cost of the abatement will be 860 Blue Gentian Road assessed against the above referenced property. Additionally, the City may take Suite 290 any other action available to it to gain your compliance, including criminal l:aa", nl""'`"'t" 551' 1 prosecution. Each violation is punishable by 90 days in jail and a $1,000.00 fine \Main: 651-452-5000 for each day the violation continues to exist. Fax: 651-234-6237 W\cW.ck-law. coin Kent Rasmussen July 16, 2019 Page Two Please make further enforcement action unnecessary by complying with this letter immediately. If you have any questions, please contact Code Enforcement Official David Hetrick at 763-635- 1067. Very truly yours, CAMPBELL KNUTSON Professional Association By. avid S. 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