8.1 SR 03-18-2024City of
Elk -
River
To
City Council
Meeting Date
March 18, 2024
Item Description
Resolution: Hazardous Property Order
Request for Action
Item Number
8.1
Prepared By
Zack Carlton, Community Development Director
Reviewed by:
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, a resolution ordering repair or removal of hazardous conditions at 19176 Kent Street
NW.
Background/Discussion
Code Enforcement has been working with the city attorney to address a few hazardous properties within the
community. The subject property, 19176 Kent Street NW, has been reviewed by city staff and the city
attorney and we have determined that the building on the property is hazardous to the city and must be
repaired or removed. Staff have made numerous attempts to contact the property owner, but we have been
unsuccessful.
The city attorney has prepared the attached memo outlining the findings and process, an order declaring the
property as hazardous, and a resolution ordering the buildings repair or removal.
Financial Impact
The city will incur legal and repair/demolition costs, which can be assessed to the property.
Mission/Policy/Goal
Attachments
1. Memo from the City Attorney
2. Hazardous Property Order
3. Hazardous Property Resolution
The Elk River Vision
A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 BINMURd229
engagement that encourages and inspires prosperity
MEMORANDUM
TO: ELK RIVER CITY COUNCIL
FROM: CAWBELL KNUTsoN, P.A.
CAMPBELL KNUTSON
PROFESSIONAL *ASSOCIATION
DATE: MARCH 18, 2024
RE: HAzARDous BUILDING LOCATED AT 19176 KENT ST. NW, ELK RIVER, MN 55330
Introduction.
This matter is now before the City Council to determine whether to declare that the Subject
Property contains hazardous conditions. The following documents have been submitted for
Council review:
1) A Proposed Resolution Ordering Repair and Removal of Hazardous Conditions
2) Exhibit A: A report detailing the ownership of the Subject Property
3) Exhibit B: Recent photographs of the hazardous conditions at the Subject Property.
4) Exhibit C: Various notice and compliance orders that City staff have sent to the Property
Owner
Summary of Violations at 19176 Kent St. NW.
The Subject Property consists of a single-family residential home. The structure has become
extremely dilapidated due to poor maintenance and neglect. It has developed significant damage
to the exterior components, including large holes in the roof and walls. This has compromised
the integrity of the structure, and the roof may be vulnerable to failure. To our knowledge, it is
not currently occupied.
Overview of Hazardous Building Declaration Process
Minnesota law permits the City Council to order the repair and abatement of hazardous
conditions that exist within its city limits. Hazardous conditions include health, safety, and fire
hazards that exist because of inadequate maintenance, dilapidation, physical damage, unsanitary
conditions, or abandonment. Minn. Stat. § 463.15, subd. 3. A condition is a hazard if it affects
public safety or health.
If the City Council determines that the Subject Property contains hazardous conditions, it may
pass the Resolution and sign the attached Order. Subsequently, the Order for Repair and
Removal of Hazardous Conditions will be served upon the owners and any lienholders of the
property. This is through personal service like a lawsuit.
The owner/occupant will then have thirty (30) days to remedy the hazardous conditions. If they
fail to comply within that time period, we will seek permission from District Court to allow the
City to abate the hazardous conditions. The City can seek Court approval to assess the costs of
the abatement against the property, payable either in a single lump sum or in not more than five
yearly installments at eight percent interest.
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The owner may also dispute the hazardous building order by filing an answer with the court. In
this case, the matter will be set for trial. This is an expedited process, as hazardous building
matters have priority. However, this may still be somewhat lengthy and would likely take at least
six months to resolve. The City would still be entitled to assess its costs if it prevails after the
contested hearing.
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Page 115 of 229
CITY OF ELK RIVER
Order of the City Council of Elk River,
Sherburne County, Minnesota concerning
Hazardous building on the property
Located at:
19176 Kent Street Northwest, Elk River, Minnesota
Legally described as:
Lot 8, Block 3, Belgin Acres, according to the map or plat thereof on file and of record in the
office of the County Recorder in and for Sherburne County, Minnesota
Parcel Identification Number (PIN):
75-00506-0380
To: Dean G. Thompson, Record Owner of Subject Property, 19176 Kent Street NW, Elk
River, MN 55330; and Twin City Federal Savings and Loan Association, Mortgagee, 801
Marquette Avenue, Minneapolis, MN 55402.
Pursuant to Minnesota Statutes § 463.15, et seq., the City Council of the City of Elk River,
having duly considered the matter, found the above -described property to be hazardous for the
reasons set forth herein.
Elk River City staff have observed the conditions present at 19176 Kent Street NW, Elk
River, MN 55330 [hereinafter: Subject Property]. Their observations revealed that the Subject
Property constitutes a hazardous property within the meaning of Minnesota Chapter 463.
Specifically, the Subject Property has been inadequately maintained and contains excessive storage
that constitutes a fire and safety hazard to public safety or health within the meaning of Minn. Stat.
§ 463.15, subd. 3. Specifically, the City Council finds that the following hazardous conditions exist
at the Subject Property:
1. The Subject Property contains a residential structure that is inadequately maintained,
dilapidated, and deteriorated in violation of Minnesota State Building Code
§ 1300.0180. The Subject Property is no longer weather resistant and is open to the
elements in violation of Property Maintenance Code § 304.2. These structural
229839v2
Page 116 of 229
elements display visual damage, deterioration, and warping of the roof and roof
framing in violation of Property Maintenance Code § 304.1.1. There are large holes
in the walls and roof of the structure that constitute violations of Elk River City
Code 46-35(a). This deteriorated condition leaves the structural members unable to
sustain the design loads required, and there have been heavy loads of snow on top of
the compromised roof. These are hazardous conditions threatening the structural
integrity of the structure.
2. The inadequate maintenance of the Subject Property has allowed for damage to the
structure of the building, allowing for the infiltration of water into the building that
create damp and unsanitary conditions. There is visible water damage to the exterior
of the Subject Property. The unoccupied building has not been secured, in violation
of Minnesota State Fire Code § 311.1. These are substantial public safety concerns
and indicate that the Subject Property is a hazardous building within the meaning of
Minn. Stat. § 463.15, subd. 3.
3. The Subject Property constitutes a threat to the health and safety of the public due to
the risk of fire. The dilapidated, damaged, and deteriorated structure renders the
building structurally unsound. The structural instability of the Subject Property and
its roof renders the Subject Property unsafe for firefighting crews. If the Subject
Property caught fire, the Elk River Fire Department would be forced to allow it to
burn and instead focus their efforts on the surrounding properties only. This is a
substantial public safety concern and indicates that the Subject Property is hazardous
within the meaning of Minn. Stat. § 463.15, subd. 3.
Pursuant to the foregoing, in accordance with Minn. Stat. § 463.17, unless the hazardous
conditions listed above are removed within thirty (30) days of the date of this Order, the City
shall cause the hazardous conditions on the Subject Property to be removed. The removal of the
above -reference hazardous conditions may include, if reasonably necessary, the demolition of the
hazardous structure on the Subject Property.
If you fail to remedy the hazardous conditions, the City will seek permission from the
District Court for the City to do so. The City will move the District Court for summary enforcement
of this Order pursuant to Minn. Stat. § 463.19 unless you remedy the situation within said thirty
(30) day period or unless an answer is filed within twenty (20) days of service of this Order upon
you pursuant to Minn. Stat. § 463.18. Any answer filed must specifically deny sufficient facts
presented in this Order to raise a material question as to the presence or absence of hazardous
229839v2
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conditions. Upon enforcement of the Order by the City, all costs expended by the City will be
assessed against the real property and collected as other taxes as provided in Minn. Stat. § 463.21.
If you fail to remedy the hazardous conditions, you must remove all personal property or
fixtures within thirty (30) days of service of this Order upon you pursuant to Minn. Stat. § 463.24.
If the personal property or fixtures are not removed within that by time, then the City may sell the
personal property or fixtures at public auction as provided in Minn. Stat. § 463.21 or the City may
destroy the same.
Moreover, you are advised that if the City of Elk River is compelled to take any action to
abate these hazardous conditions, all necessary costs expended by the City will be assessed against
the real estate and collected as other taxes as provided in Minn. Stat. § 463.21.
CITY OF ELK RIVER
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
229839v2
Page 118 of 229
CITY OF ELK RIVER
RESOLUTION NO.
A RESOLUTION ORDERING
REPAIR OR REMOVAL
OF HAZARDOUS CONDITIONS
WHEREAS, the City staff of the City of Elk River have attempted without success to have
the occupant of certain property remedy the hazardous and unsafe conditions of the property at
19176 Kent Street Northwest, City of Elk River, County of Sherburne, State of Minnesota, with a
legal description of:
Lot 8, Block 3, Belgin Acres, according to the map or plat thereof on file and
of record in the office of the County Recorder in and for Sherburne County,
Minnesota
and a Parcel Identification Number (PIN) of: 75-00506-0380 ("Subject Property"); and
WHEREAS, the City Council has determined that the structure on the property is a
hazardous building due to inadequate maintenance that constitutes a fire and safety hazard to public
safety or health within the meaning of Minn. Stat. § 463.15, subd. 3.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ELK RIVER, MINNESOTA:
1. The City has fully considered all evidence relating to the code violations at the
Subject Property. Said evidence is attached hereto as exhibits. The exhibits include
the following documents:
a. Exhibit A: Ownership and Encumbrance report for Subject Property.
b. Exhibit B: Photographs of the Subject Property taken by City staff.
C. Exhibit C: Notice and Compliance Orders.
2. After fully considering all of the reports, photographs, documents, and other
evidence pertaining to the code violations at the Subject Property, the City Council
of Elk River finds:
a. Dean G. Thompson owns the Subject Property. The Subject Property contains a
single-family residential structure without any current occupants. Twin City
Federal Savings and Loan Association, a United States of America corporation,
holds a recorded interest in Subject Property from a mortgage instrument
Document No. 178088, dated October 6, 1983, filed October 14, 1983. There are
currently no other lienholders of record of the Subject Property.
229838v2
Page 119 of 229
b. The Subject Property, which is located in Elk River, Sherburne County, constitutes a
health and safety hazard within the meaning of Minnesota Chapter 463. Specifically,
the Subject Property has been inadequately maintained and contains conditions and
dilapidation that constitute a fire hazard and a hazard to public safety or health.
Minn. Stat. § 463.15, subd. 3.
c. The Subject Property contains a residential structure that is inadequately maintained,
dilapidated, and deteriorated in violation of Minnesota State Building Code
§ 1300.0180. The Subject Property is no longer weather resistant and is open to the
elements in violation of Property Maintenance Code § 304.2. These structural
elements display visual damage, deterioration, and warping of the roof and roof
framing in violation of Property Maintenance Code § 304.1.1. There are large holes
in the walls and roof of the structure that constitute violations of Elk River City
Code 46-35(a). This deteriorated condition leaves the structural members unable to
sustain the design loads required, and there have been heavy loads of snow on top of
the compromised roof. These are hazardous conditions threatening the structural
integrity of the structure.
d. The inadequate maintenance of the Subject Property has allowed for damage to the
structure of the building, allowing for the infiltration of water into the building that
create damp and unsanitary conditions. There is visible water damage to the exterior
of the Subject Property. The unoccupied building has not been secured, in violation
of Minnesota State Fire Code § 311.1. These are substantial public safety concerns
and indicate that the Subject Property is a hazardous building within the meaning of
Minn. Stat. § 463.15, subd. 3.
e. The Subject Property constitutes a threat to the health and safety of the public due to
the risk of fire. The dilapidated, damaged, and deteriorated structure renders the
building structurally unsound. The structural instability of the Subject Property and
its roof renders the Subject Property unsafe for firefighting crews. If the Subject
Property caught fire, the Elk River Fire Department would be forced to allow it to
burn and instead focus their efforts on the surrounding properties only. This is a
substantial public safety concern and indicates that the Subject Property is hazardous
within the meaning of Minn. Stat. § 463.15, subd. 3.
Pursuant to Minnesota Statutes § 463.16 et seq., the City hereby adopts and
approves the Order for Repair and Removal of Hazardous Conditions attached
hereto as Exhibit D.
4. The City's legal counsel, Campbell Knutson, P.A., 860 Blue Gentian Road, Suite
290, Eagan, Minnesota 55121, is directed to serve the Order for Repair and Removal
of Hazardous Conditions and to proceed with enforcement in accordance with Minn.
Stat. § 463.15 et seq.
229838v2
2
Page 120 of 229
ADOPTED this day of 2024, by the City Council of the City of
Elk River, Minnesota.
CITY OF ELK RIVER
BY:
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
229838v2
Page 121 of 229
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
The undersigned, being the duly qualified and appointed City Clerk of the City of Elk
River, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Elk River City Council on , 2024, with the original thereof on file in my
office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of , 2024.
Tina Allard, City Clerk
229838v2
El
Page 122 of 229
EXHIBIT
Land Title, Inc.
2200 County Road C West
Suite 2205
Roseville, MN 55113
651.638.1900
V
LAN D T I T L E
service beyond the expected
Campbell Knutson
860 Blue Gentian Road Suite 290
Eagan, MN 55121
File Number Transactee Client's File # ClasslDescription Memo
Invoice
Date: 09/20/2023
Number: 100370
684412 Thompson, Dean Property Report 19176 Kent Street Northwest, Elk River
MN 55330
Total Due
When you provide a check as payment, you authorize us to use
information from the check to make a one-time electronic fund
transfer from your account. In certain circumstances, such as for
technical or processing reasons, we may process your payment as a
check transaction.
Due Upon Receipt
Total
Amount
$75.00
$75.00
$75.00
Page 123 of 229
LT File Number: 684412
Report prepared on: September 20, 2023
Prepared for:
Campbell Knutson
860 Blue Gentian Road Suite 290
Eagan, MN 55121
Attn: Miya E. Watson
Client File No.:
PROPERTY REPORT
Applicant: Dean G. Thompson
IV
LAN D T I T L E
service beyond the expected
Property Address: 19176 Kent Street Northwest, Elk River, MN 55330
County: Sherburne State: Minnesota
Property Type: Abstract Property
LEGAL DESCRIPTION:
Lot 8, Block 3, Belgin Acres, Sherburne County, Minnesota.
APPARENT RECORD OWNER:
Dean G. Thompson
WARRANTY DEED: David J. Shepard and Sandra L. Shepard, husband and wife to Dean G. Thompson, a single
person and Diann F. Reed, a single person ; DOCUMENT NO.: 217995; DATED: April 28, 1988; FILED: May 5, 1988.
QUIT CLAIM DEED: Diann Faye Reed, single to Dean G. Thompson ; DOCUMENT NO.: 250843; DATED: June 4,
1991; FILED: June 5, 1991.
OPEN MORTGAGES AND LIENS:
1. MORTGAGE: Gary W. Charboneau, single, to Twin City Federal Savings and Loan Association, a United States of
America corporation; Document No.: 178088; Dated: October 6, 1983; Filed: October 14, 1983; Amount:
$58,050.00.
TAX INFORMATION:
Tax I.D. No.: 75-506-0380
Taxes for the year 2023: $2,410.00, Total, are 1st 1/2 Due, 2nd 1/2 Due
Delinquent Tax: None
Base Tax: $2,410.00 (Homestead)
Estimated Market Value: $192,900.00
Assessed in the name of: Dean G. Thompson
NAME SEARCHES:
There are no unsatisfied judgments and notices of Federal or State Tax Liens docketed in Sherburne County
District Court, and the Sherburne County Recorder's office appearing against the following names (through the
date interest was conveyed out):
Dean Thompson
LT File Number: 684412
Page 1 of 2
Page 124 of 229
Except as follows: None
POSTED EFFECTIVE DATE: September 15, 2023
This Property Report is not a title examination, title opinion, title insurance commitment or title insurance policy. This report is
furnished for the use and benefit of the requesting party. The liability of the reporting company caused by inaccuracies
contained herein is limited to the amount paid for in said report.
Land Title, Inc. • 2200 West County Road C, Suite 2205, Roseville, MN 55113 • phone (651) 638-1900 • fax (651) 697-6185 • landtitleinc.com
LT File Number: 684412 Page 2 of 2
Page 125 of 229
Form No. 5-M—WARRANTY DEED
Minnesota Uniform
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( _—) filed ( ) notrequired
Certificate of ite�al Fstate Value N191��-- —
County Auditor
by_ ' :a ffl
STATE DEED TAX DUE HEREON: $ 242.55
______---
Date: April 28th - 19 88
Blanks (1978) �11' iJa7 j Maier.oavie Co.,
21799
COUNTY RECORDER
SHERDOFmE CO., MINN.
BY •=FAT us.3GN
i) EtUTY
RAY 5 2 as PH 188
(reserved for recording data)
FOR VALUABLE CONSIDERATION, David J. Shepherd and Sandra L. Shepherd,
husband and wife 'Grantor(s),
(malts( status)
(s) to Dean G. Thompson, a single person a
hereby convey (s) and warrantnd _
Grantees as joint
Diann F. Reed, a sin le erson
urne County, Minnesota, described as follows:
tenants, real property in Sherb
Lot 8, Block 3, Belgin Acres,
according to the map or plat thereof on file and of record in the
office of the County Recorder in and for Sherburne County, Minnesota.
(it more space is needed, continue on back)
the
togetherubject all
h easements and
appurtenances
boloand g sgtncctions of record,if
followingexceptions:
a ;;I IOry =
SheFtiuiourtt _-
_� DI:�- u 242.55 —
,ur a'ua
o TAX
STATE OF MINNESOTA
ss.
COUNTY OF Sherburne
The foregoing instrument was acknowledged before
by David J. Shepherd and Sandra L. Shel
h„ahanA and wife
-------
NOTARIAL STAMP OR SEAL (OR OTHER TIjT OR RANR)
,.'Am.-:"
NOTARY pUf :iC—{7iNNESOTA
SHERBURNECOUNTf
th COMMMsion ExPltes May 28, 19911r w
iNBTRVMENT tie,8 DAAPT8D BY (NAME AND ADDR88
Registered Closers for
Century 21 White Dove Realty, Inc.
21370 John Milless Drive, Box 182
Rogers, MN 55374
612-428-2288
i
Dav4J-egZ/
pherd
Sandra �Sheerd
this 28th day of A rP il' —,19 6"
Grantor(s).
Tax
aaiaoC to Qnncludi na�mi aanLLd idd o! 6ranNa) !n this amens should
GMAC Mortgage Corporation
P.O. Box 780
Waterloo, Iowa 50704
Loan #343466
AND
Dean G. Thompson & Diann F. Reed
19176 Kent St.
Elk River, MN 55330
Tax ID#115-498-030080
Page 126 of 229
?!-IOS41
Form No. 27-M—GUI"r CLAIM DEED I'la'-sal. Unit. —
Individual (s) to Individual Is)
No delinquent taxes and transfer entere(1; Certificate
of Real Estate Value ( ) filed ( not required
Certificate of sal Estate Value No.
YG1�4i1P�L-
County Auditor
by �A,!rA
Deputy
STATE DEED TAX DUE ' HEREON: $ _ � -
Date:'�� ` f , 19
ag Blanks (1978) Miller -Davis Co-. Minneapolis
pip#
44y ±3 /-V4
Aso S" �3
Ci
Y " UTY
Jue a I1 Ail '91
(reserved for recording data)
FOR VALUABLE CONSIDERATION, Din Faye Reed, Single
, Grantor (s),
hereby convey (s) and quitclaim (s) to Dean Gerald Thompson
Grantee (s),
real property in Sherburne County, Minnesota, described as follows:
Lot 8, Block 3 Belgin Acres according to the plat on file
and of record in the office of the County Recorder in and
for Sherburne County, Minnesota.
v
J
THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS LESS THAN $500.00.
(if more space is needed, continue on back)
7elonging thereto.
$herburnw County
Diann Fave Reed
STATE OF MINNESOTA
'� //
COUNTY OF f/ f/2,01f D 7 d
The foregoing instrument was acknowledged before me this day of U/7P_ , 1911[1
by Dianb FayaReed, single
Grantor (s).
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
WE` vY A. G'.`
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
Robert J. Everhart
LARSON, WIIRMS & GRANT
520 Jefferson Highway
Champlin, MN 55316
(612) 427-4520
Attorney I.D. No. 180671
SIGNATURE ERSON TAKING ACKNOWLEDGMENT
Tax Statements for the real Droperty d acefbed In this lnstrumenl should
be sent to (Include name and address of Grantee):
De,m G, -7�01_3013
N 17G Xe,,� S) lviw
Elk P,ve v, lml ss 33v
Page 127 of 229
6-ee71
MORTGAGE DEED
STATE OF MINNESOTA
-2! '5F9' S
® This form is'used in connection
with mortgage deeds Insured
under the one -to four -family
provisions of the National Hous-
ing Act.
THIS INDENTURE, made this 6th day of October 19 83 ,
between Gary W. Charboneau, single
of Sherburne County, Minnesota Mortgagor,
and TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION
a corporation organized and existing under the laws of the United States of America
Mortgagee,
WITNESSETH: That the Mortgagor, inconsideration of the sum of Fifty-eight Thousand Fifty and no/100ths
---------------------------- Dollars ($ 58, 050.00------------- )• to him in hand paid by the Mortgagee,
the receipt whereof is acknowledged, does hereby grant, bargain, sell and convey unto the Mortgagee, its successors and assigns,
forever, all th at tract(s), piece(s) or parcel(s) of land situate, lying and being in the county of Sherburne
and State of Minnesota, described as follows, to wit:
Lot 8, Block 3, Belgin Acres-, according to the plat thereof on file and of record in
the office of the County Recorder in and for Sherburne County, Minnesota.
TO HAVE AND TO HOLD THE SAME, together with the hereditaments and appurtenances thereunto belonging or in
anywise appertaining, including all gas fixtures, electric lighting fixtures, oil burning or other heating and plumbing, apparatus,
all storm windows, storm doors, and vestibules, and all screen doors and window screens, cooling and refrigerating apparatus
and systems, and fixtures of every nature and kind whatsoever thereunto appertaining, unto the said Mortgagee, its successors
and assigns, forever.
And the Mortgagor hereby covenants as follows: First, that he is lawfully seized of said premises in fee simple absolute;
Second, that he has good right to convey the same in manner and form aforesaid; Third, that the same are free from all liens or
encumbrances, whatsoever; Fourth, that the Mortgagee, its successors and assigns, shall quietly enjoy and possess the same, and
that he will wairant and defend the title to the same against all lawful claims.
PROVIDED, NFVFRTHELESS, That if the Mortgagor shall well and truly pay to the Mortgagee the principal sum of
Fifty-eight Thousand Fiftq and no/100ths------------ Dollars ($ 58, 050.00-------------- ),
according to the terms and tenor of a certain promissory note of even date herewith, the provisions of which are incorporated
herein by reference, with interest as stated therein until paid, principal and interest being payable at the office of
TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION in Minneapolis, Minnesota 55402
801 Marquette Avenue
or at such other place as the holder of the note may designate in writing, in monthly installments of Six Hundred Forty-
two and 15/100ths------------------------------------- Dollars($ 642.15-------------- -)-
commencing on the first day of December , 19 83 , and on the
first day of each month thereafter until the principal and interest are fully paid, except that the final payment of principal
and interest, if not sooner paid, shall be due and payable on the first day of November, 2013
and provided, that if the Mortgagor shali ful:y perform all conditions and covenants of this mortgage, then this indenture is
to be null and void and shall be released of record at the expense of the Mortgagor, otherwise to remain in full force and
effect.
The Mortgagor further covenants as follows:
1. That he will promptly pay the principal of and interest on the indebtedness evidenced by the said note, at the times
and in the manner therein provided. Privilege is reserved to pay the debt in whole, or in an amount equal to one or more
monthly payments on the principal that are next due on the note, on the first day of any month prior to maturity; provided,
however, that written notice of an intention to exercise such privilege is given at least thirty (30) days prior to prepayment.
Page 128 of 229
2. That, in order more fully to protect the security of this mortgage, he will pay to the Mortgagee, together with, and
in addition to, the monthly payments under the terms of the note secured hereby, on the first day of each month until the said
note is fully paid, the following sums:
(a) An amount sufficient tu provide the holder hereof with funds to pay the next mortgage insurance premium if this
instrument and the note secured hereby are insured, or a monthly charge Jn lieu of a mortgage insurance premium)
if they are held by the Secretary of Housing and Urban Develop,ent, as follows:
(I) If and so long as said note of even date and this instrument are insured or are reinsured under the provisions
of the National Housing Act, an amount sufficient to accumulate in the hands of the holder one (1) month
prior to its due date the annual mortgage insurance premium, in order to provide such holder with fonds to
pay such premium to the Secretary of Housing and Urban Development pursuant to the National Housing
Act, as amended, and applicable Regulations thereunder; cr
(II) If and so long as said note of even date and this instrument are held by the Secretary of Housing and Urban
Development, a monthly charge (in lieu of a mortgage insurance premium) which shall be in an amount equal
to one -twelfth (1/12) of one-half (1,Q per centum of the average outstanding balance due on the note
computed without taking into account delinquencies or prepayments;
(b) A sum equal to the ground rents, if any, next due, plus the premiums that will next become due and payable on
policies of fire and other hazard insurance covering the mortgaged property, plus taxes and assessments next due
on the mortgaged property (all as estimated by the Mortgagee) less all sums already paid therefor divided by the
number of months to elapse before one month prior to the date when such ground rents, premiums, taxes and
assessments will become delinquent, such sums to be held by Mortgagee in trust to pay said ground rents,
premiums, taxes and special assessments; and
(c) All payments mentioned in the two preceding subsections of this paragraph and all payments to be made under the
note secured hereby shall be added together and the aggregate amount thereof shall be paid by the Mortgagor each
month in a single payment to be applied by the Mortgagee to the following items in the order set forth:
(I) premium charges under the contract of insurance with the Secretary of Housing and Urban :Development, or
the monthly charge (in lieu of mortgage insurance premium), as the case may be;
(II) ground rents, taxes, special assessments, fire and other hazard insurance premiums;
(III) interest on the note secured hereby; and
(IV) amortization of the principal of said note.
Any deficiency in the amount of such aggregate monthly payment shall, unless made good by the Mortgagor prior
to the due date of the next such payment, constitute an event of default under this mortgage. The holder of the
note may collect a "Late Charge" not to exceed four cents (4a) for each dollar ($1.00) of each payment more
than fifteeen(115') days in arrears to cover the extra expense involved in handling delinquent payments.
3. That if the total of the payments made by the Mortgagor under (b) of paragraph 2 preceding shall exceed the amount
of payments actually made by the Mortgagee for ground rents, taxes or assessments or insurance premiums, as the case may be,
such excess, if the loan is current, at the option of the Mortgagor, shall be credited on subsequent payments to be made by the
Mortgagor, or refunded to the Mortgagor. If, however, the monthly payments made by the Mortgagor under (b) of paragraph 2
preceding shall not be sufficient to pay ground rents, taxes and assessments, and insurance premiums, as the case may be, when
the same shall become due and payable, then the Mortgagor shall pay to the Mortgagee any amount necessary to make up the
deficiency on or before the date when payment of such ground rents, taxes, assessments, or insurance premiums shall be due. If
at any time the Mortgagor shall tender to the Mortgagee, in accordance with the provisions of the note secured hereby, full
payment of the entire indebtedness represented thereby, the Mortgagee shall, in computing the amount of such indebtedness,
credit to the account of the Mortgagor all payments made under the provisions of (a) of paragraph 2 hereof which the
Mortgagee has not become obligated to pay to the Secretary of Housing and Urban Development, and any balance remaining in
the funds accumulated under the provisions of (b) of paragraph 2 hereof. If there shall be a default under any of the provisions
of this mortgage resulting in a public sale of the premises covered hereby, or if the Mortgagee acquires the property otherwise
after default, the Mortgagee shall apply, at the time of the commencement of such proceedings or at the time the property is
otherwise acquired, the balance then remaining in the funds accumulated under (b) of paragraph 2 preceding as a credit against
the amount of principal then remaining unpaid under said note, and shall properly adjust any payments which shall have been
made under (a) of said paragraph.
4. That he will pay all taxes, assessments, water rates and other governmental or municipal charges, fines or
impositions, for which provision has not been made herembefore, and in default thereof the Mortgagee may pay the same; and
that he will promptly deliver the official receipts therefor to the said Mortgagee.
5. That he will take reasonable care of the mortgaged premises, and the buildings thereon, and will maintain the same
in as good repair and condition as at the original date of this mortgage, ordinary depreciation excepted; and that he will
commit or permit no waste, and do no act which would unduly impair or depreciate the value of the property or security.
6. That he will keep the improvements now existing or hereafter erected on the mortgaged property, insured as may be
required from time to time by the Mortgagee against loss by fire and other hazards, casualties and contingencies in such
amounts and for such periods as may be required by the Mortgagee and will pay promptly, when due, any premiums on such
insurance provision for payment of which has not been made hereinbefore. All insurace shall be carried in companies approved
by the Mortgagee and the policies and renewals thereof shall be held by the Mortgagee and have attached thereto loss payable
clauses in favor of and in form acceptable to the Mortgagee. In event of loss, Mortgagor will give immediate notice by mail to
the Mortgagee, who may make proof of loss if not made promptly by Mortgagor, and each insurance company concerned is
hereby authorized and directed to make payment for s»ch loss dire,Uy to the Mortgagee instead of to the Mortgagor and the
Mortgagee jointly, and the insurance proceeds, or any part thereof, may be applied by the Mortgagee at its option either to the
reduction of the indebtedness hereby secured or to the restoration or repair of the property damaged. In event of foreclosure
of this mortgage or other transfer of title to the mortgaged property in extinguishment of the indebtedness secured hereby, an
right, title and interest of the Mortgagor in and to any insurance policies then in force shall pass to the purchases or grantee.
HUD-92133m (5-83)
is 0
Page 129 of 229
7. That upon his failure to keep the premises in good repair or to pay any sums herein provided to be paid, then the
Mortgagee, at its option, may make such repairs or pay such sums, and all sums so paid shall bear interest at the rate set forth in
the note secured hereby, shall be payable on demand and shall be fully secured by this instrument.
is. That if the pi6miscs, or any part thereof, be condemned under any power of eminent domain, or acquired for a
public itse, the damages, proceeds, and the consideration for such acquisition, to the extent of the full amount of indebtedness
upon this mortgage, and the note secured hereby remaining unpaid, are hereby assigned by the mortgagor to the mortgagee and
shall be paid forthwith to the mortgagee to be applied by it on account of the indebtedness secured hereby, whether due of
not.
9. That he further agrees that should this mortgage and the note secured hereby not be eligible for insurance under
the National Housing Act within 60 Days from the date hereof (written statement of any officer of
the Department of Housing and Urban Development or authorized agent of the Secretary of Housing and Urban Development
rtgage, declining to insureand
dated subsequent to the 60 Days time from the date of this moat of lion,
this mortgage, being deemed conclusive proof of such ineligibility), the Mortgagee or the holder of the note may, P
declare all sums secured hereby immediately due and payable.
10. That if there is a default in any of the terms of this mortgage, or of the note secured hereby, all the rents, issues and
profits of the mortgaged premises may thereafter be collected by the Mortgagr,: and such right shall exist before and after
foreclosure and during the period of redemption.
NOW, THEREFORE, if there be any default in this mortgage, or in the note secured hereby, the Mortgagee may, at its
option, declare all sums then owing by the Mortgagor immediately due and payable without notice; and the Mortgagor hereby
authorizes and empowers the Mortgagee to sell the mortgaged premises at public auction and convey the same to the purchaser
in fee simple in accordance with the statutes of Minnesota, and out of the moneys arising from such sale, retain all sums
secured hereby, together with all legal costs and charges for such sale, and the maximum attorney's fees permitted by law, and
to pay the balance, if any, to the Mortgagor; or the Mortgagee may enforce payment of such sums as is declared due by
foreclosure of this mortgage through usual judicial proceedings.
The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors,
administrators, successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the
plural the singular, and the use of any gender shall be applicable to all genders.
IN TESTIMONY WHEREOF, the Mortgagor(s) ha s
and year first above written.
Signed, sealed and delivered in presence of:
STATE OF MINNESOTA, )
ss:
COUNTY OF Hennepin )
hereunto sets /his hand(s) and seal(s) the day
'Ulf -! [SEALI
Gary W. Charboneau _[SEAL]
On this 6th day of October
me personally appeared Gary W. Charhoneau, single '
to me known to be the person(s) described in, and who executed
he executed the same as his free act
. • A J,d, r
Noury Public,
Z `ri My commissio
tiv o..r xae /
vn .wwvvwvwv'nv :: H .ti,
STATE OF MINNESOTA
COUNTY OF )
, 19 83 , before
acknowledged that
I hereby certify that the within Mortgage Deed was filed in this o'clock ice or recordhe day of
on t was duly recorded in book
A.D. 19 at
of Mortgages, page
THiS Irdc--a... :'IT WAS r:WfCCi r;Y
TI r
+Y. �.: r N\S I_Jiliii
55Di r:,..�•r;L(N BLVD. SUITE 110
ERGUKLYN GEN.-ER, MN 55429
Register of Deeds
By Deputy
cco 89y-7eo
NUn-Q91.13m (5-33!
Page 130 of 229
Page 131 of 229
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Page 141 of 229
Page 143 of 229
Letter View
EXHIBIT C
Wver
July 03, 2019
CE Case No: 19-000026
THOMPSON, DEAN G
19176 KENT ST NW
ELK RIVER, MN 55330-1178
Re: Possible City Code Violations at 19176 KENT ST
Dear Property Owner(s):
The City of Elk River strives to maintain a clean community that provides a quality environment for residents
and visitors. We need everyone's help to achieve this objective citywide but occasionally we need to send
out reminders.
We are contacting you regarding possible city ordinance violation(s) on your property at 19176 KENT ST
The city conducted a preliminary inspection of your property on 07/03/2019, and possible violations were
identified.
Please refer to the attached documentation to review the possible violations and corrective action(s)
necessary to bring your property into compliance. You may contact me at 763.635.1035 or
zcarlton@elkrivermn.gov for additional information/clarification, or if you believe this notice was sent in error.
All violations are to be corrected by the date outlined in the attached notice. If you are unable to complete
the required correction by the date provided, you will need to submit a written request to justify the granting
of an extension prior to the original correction date. If the code violations have since been corrected, please
contact me to schedule a re -inspection.
We appreciate your cooperation and compliance in this matter.
Sincerly,
Zack Carlton
Planning Manager
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Violations
THOMPSON, DEAN G
19176 KENT ST NW
Short Description: Clean and Uncluttered Landscape
Type: Land Use
Date Inspected: 07/03/2019
Latest Inspection:
Correct/Address by: 07/17/2019
Ordinance: 30-934 (a) (2)
Full Description: (a) General requirements
requirements are applicable to all districts:
shall be kept neat, clean and uncluttered.
The following general
(2) All landscaped areas
Short Description: Long Grass
Type: Public Nuisance
Date Inspected: 07/03/2019
Latest Inspection:
Correct/Address by: 07/17/2019
Ordinance: 46-32 (7)
Full Description: (a) The following are declared to be nuisances
affecting public health (7) All noxious weeds and other rank growths
of vegetation upon public or private property.
Page 145 of 229
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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. D�
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.
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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
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Letter View
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.
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Letter View
File #20-001172
Wver
May 27, 2020
THOMPSON, DEAN G
19176 KENT ST NW
ELK RIVER, MN 55330-1178
Dear DEAN G THOMPSON:
Elk River residents take great pride in our neighborhoods and community. Your city council has adopted a standard reflecting that
pride and in turn promotes healthy, safe, and high quality neighborhoods.
As part of our Community Enhancement Program, city staff members strive to work cooperatively with residents and business
owners to gain voluntary compliance of the city's property and safety maintenance standards. One way this is accomplished is by
simply driving through the city observing properties to ensure expectations are being met. On 05/27/2020, we observed the
following potential violation(s) on your property at 19176 KENT ST NW:
Violation: Long Grass
Violation Description: 46-32 (7), (a) The following are declared to be nuisances affecting public health:A,A (7) All noxious weeds
and other rank growths of vegetation upon public or private property.
Follow-up Date: 06/10/2020
Notes: Grass and weeds of a€cerank growths€ (vigorous and profuse) are not permitted. As a rule of thumb,
grass cannot exceed eight inches in height.
We understand that the concern stated above may have been a unique situation, which has been addressed prior to receipt of this
letter. If that is the case, please disregard this notice and familiarize yourself with the brochure which outlines some of the
common ordinance violations routinely observed in Elk River.
I will visit your neighborhood again in the next few days to look for progress. We understand life happens, so we'd be grateful if
you could address these concerns by the dates above.
If you believe this notice was sent in error or if you have other questions or concerns, I can be reached at 763.635.1067 or via
email at ttrebesch@elkrivermn.gov. We appreciate your cooperation and dedication to promoting and maintaining the best
possible Elk River.
Sincerely,
Paqe 149 of 229
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Tim Trebesch, Code Enforcement Official
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River
June 10, 2020
THOMPSON, DEAN G
19176 KENT ST NW
ELK RIVER, MN 55330-1178
NOTICE OF VIOLATION
and
ORDER TO CORRECT
Inspected on: June 10, 2020
CE Case No: 20-001172
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.
Tim Trebesch
763.635.1067
ttrebesch@elkrivermn.gov
Code Enforcement Official
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Letter View
Violations
THOMPSON, DEAN G
19176 KENT ST NW
Short Description: Long Grass - Mow and maintain lawnFX
Type: Public Nuisance
Date Inspected: 05/27/2020
Latest Inspection: 06/10/2020
Correct/Address by: 06/17/2020
Ordinance: 46-32 (7)
Full Description: (a) The following are declared to be nuisances affecting public
health: (7) All noxious weeds and other rank growths of vegetation upon public
or private property.
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 n ho register complaints nvith government entities concerning violations of state lams 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.
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Letter View
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.elkn*verMN.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.
(bl The board shall provide for a record of its proceedings which shall include minutes of meetings, figs, and the
action taken on an appeal or variance, including its final order and any conditions established in connection therewith.
Sec. 30-634. - A Heals.
(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. -Anneals 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
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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.
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August 12, 2020
THOMPSON, DEAN G
19176 KENT ST NW
ELK RIVER, MN 55330-1178
NOTICE OF VIOLATION
and
ORDER TO CORRECT
Inspected on: August 12, 2020
CE Case No: 20-001172
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.
Tim Trebesch
763.635.1067
ttrebesch@elkrivermn.gov
Code Enforcement Official
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Violations
THOMPSON, DEAN G
19176 KENT ST NW
Short Description: Long Grass - Mow and maintain lawnFX
Type: Public Nuisance
Date Inspected: 05/27/2020
Latest Inspection: 08/12/2020
Correct/Address by: 08/18/2020
Ordinance: 46-32 (7)
Full Description: (a) The following are declared to be nuisances affecting public
health: (7) All noxious weeds and other rank growths of vegetation upon public
or private property.
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 n ho register complaints nvith government entities concerning violations of state lams 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.
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Letter View
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.elkn*verMN.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.
(bl The board shall provide for a record of its proceedings which shall include minutes of meetings, figs, and the
action taken on an appeal or variance, including its final order and any conditions established in connection therewith.
Sec. 30-634. - A Heals.
(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. -Anneals 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
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Letter View
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.
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September 17, 2020
CE Case No: 20-002240
THOMPSON, DEAN G
19176 KENT ST NW
ELK RIVER, MN 55330-1178
Re: Possible City Code Violations at 19176 KENT ST NW
Dear DEAN G THOMPSON:
The City of Elk River strives to maintain a clean community that provides a quality environment for residents and visitors.
We need everyone's help to achieve this objective citywide but occasionally we need to send out reminders.
We are contacting you regarding possible city ordinance violation(s) on your property at 19176 DENT ST NW. The city
conducted a preliminary inspection of your property on 09/17/2020, and possible violations were identified.
Please refer to the attached documentation to review the possible violations and corrective action(s) necessary to bring your
property into compliance. You may contact me at 763.635.1067 or trebesch@elkrivermn.gov for additional
information/clarification, or if you believe this notice was sent in error.
All violations are to be corrected by the date outlined in the attached notice. If you are unable to complete the required
correction by the date provided, you will need to submit a written request to justify the granting of an extension prior to the
original correction date. If the code violations have since been corrected, please contact me to schedule a re -inspection.
We appreciate your cooperation and compliance in this matter.
Sincerely,
Tim Trebesch
763.635.1067
trebesch@elkrivermn.gov
Planning and Code Enforcement
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Violations
THOMPSON, DEAN G
19176 KENT ST NW
Date Inspected: 09/17/2020
Short Description: Clean and Uncluttered Landscape
Type: Land Use WE
Latest Inspection:
Correct/Address by: 10/01 /2020 FEW
Ordinance: 30-934 (a) (2)
Full Description: (a)AA General requirements. The following general
requirements are applicable to all districts: (2) All landscaped areas shall be kept
neat, clean and uncluttered.
Notes: Outside storage of pipes, lumber, machinery, tires, household
waste or items, etc. is prohibited. Do not store items alongside your
home, shed, or garage even if covered by a tarp.
Short Description: Rubbish - Peace and Safety
Type: Public Nuisance
Latest Inspection:
Correct/Address by: 10/01 /2020
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.
Notes: Outside storage of pipes, lumber, machinery, tires, household
waste or items, etc. is prohibited. Do not store items alongside your
home, shed, or garage even if covered by a tarp.
Short Description: Unsafe Structure
Type: Public Nuisance
Latest Inspection:
Correct/Address by: 10/01 /2020
Ordinance: 46-35 (a)
Full Description: (a) Any building or structure in the city which is found by the
building and zoning administrator or the fire marshal to be dangerous to public
safety or health or to other property by reason of. (1) Damage by fire; (2) A
defective chimney or stovepipe; (3) Dilapidated condition or decay; (4)
Defective electric wiring; (5) Defective gas installation; (6) Defective heating
apparatus; (7) A defective sewage disposal system or plumbing; or (8) Any other
defect endangering public safety or health or other property; is hereby declared
to be a nuisance affecting public safety and health.
Notes: Roof is in need of repairs
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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 n ho register complaints with government entities concerning violations of state lams 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.
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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.elkn*verMN.gov and are also available at city hall (13065 Orono Parkway NW).
Sec. 30-633 - A eals, 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.
(bl 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 anv conditions established in connection therewith.
Sec. 30-634. - A�ppeals.
(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. -Anneals 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
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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.
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Hawkins & Baumgartner, P.A.
Attorneys At Law
SCOTT C. BAUMGARTNER Paralegal
DEREK T. ARCHAMBAULT HOLLY G. PROVO
Retired
WILLIAM G. HAWKINS
October 27, 2020
Dean Thompson
19176 Kent Street NW
Elk River, MN 55330
Dear Mr. Thompson:
I am writing as the Elk River City Prosecutor concerning information I have received from Tim
Trebesch, Elk River Code Enforcement Official, that your above referenced property is in violation of
the following Elk River City Code Sections:
30-934 (a)(2) - Property Maintenance — cluttered landscape areas;
46-35(a) - Unsafe Structure; and
46-34 (a)(4) - Depositing of Garbage & Trash
I have further been informed that despite previous requests by the City to have your property brought
into compliance, these violations remain. As such, this letter is to advise you that unless you contact
Mr. Trebesch within ten (10) days from the date of this letter to discuss an acceptable resolution to
these violations, I will commence criminal prosecution. Upon conviction, the maximum penalty
associated with a violation of Sections 30-934(a)(2) and 46-35(a) is 90 days in jail and a $1,000 fine for
each violation and the maximum penalty associated with a violation of Section 46-34(a)(4) is a $300
fine. Additionally, the City may seek to have these violations remedied through a civil abatement
process for which its costs and legal fees may be sought. Mr. Trebesch can be reached at (763) 635-
1067.
Sincerely,
2G
Baumgartner
Elk River City Prosecutor
cc: Tim Trebesch (via E-mail)
2140 FOURTH AVENUE NORTH, ANOKA, MINNESOTA 55303 PHONE: (763) 427-8877 FAX: (763) 422-9110
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October 01, 2020
THOMPSON, DEAN G
19176 KENT ST NW
ELK RIVER, MN 55330-1178
NOTICE OF VIOLATION
and
ORDER TO CORRECT
Inspected on: October 01, 2020
CE Case No: 20-002240
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.
Tim Trebesch
763.635.1067
ttrebesch@elkrivermn.gov
Code Enforcement Official
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Violations
THOMPSON, DEAN G
19176 KENT ST NW
Short Description: Clean and Uncluttered Landscape - Misc items byFX
garage
Type: Land Use
Date Inspected: 09/17/2020
Latest Inspection: 10/01 /2020
Correct/Address by: 10/15/2020
Ordinance: 30-934 (a) (2)
Full Description: (a) General requirements. The following general requirements
are applicable to all districts: (2) All landscaped areas shall be kept neat, clean
and uncluttered.
Short Description: Rubbish - Peace and Safety - Misc items by garage
Type: Public Nuisance
Date Inspected: 09/17/2020
Latest Inspection: 10/01 /2020
Correct/Address by: 10/15/2020
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: Unsafe Structure - paint siding and roof replaced
Type: Public Nuisance
Date Inspected: 09/17/2020
Latest Inspection: 10/01 /2020
Correct/Address by: 10/15/2020
Ordinance: 46-35 (a)
Full Description: (a) Any building or structure in the city which is found by the
building and zoning administrator or the fire marshal to be dangerous to public
safety or health or to other property by reason of. (1) Damage by fire; (2) A
defective chimney or stovepipe; (3) Dilapidated condition or decay; (4)
Defective electric wiring; (5) Defective gas installation; (6) Defective heating
apparatus; (7) A defective sewage disposal system or plumbing; or (8) Any other
defect endangering public safety or health or other property; is hereby declared
to be a nuisance affecting public safety and health.
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
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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 n ho register complaints with government entities concerning violations of state lams 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.elkn*verMN.gov and are also available at city hall (13065 Orono Parkway Nam.
Sec. 30-633 - A�ppeals, 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.
(bl 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 anv conditions established in connection therewith.
Sec. 30-634. - A neals.
(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
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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. -Anneals 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.
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Wver
October 13, 2022
CE Case No: 20-002240
THOMPSON, DEAN G
19176 KENT ST NW
ELK RIVER, MN 55330-1178
Re: Possible City Code Violations at 19176 KENT ST NW
Dear DEAN G THOMPSON:
The City of Elk River strives to maintain a clean community that provides a quality environment for residents and visitors.
We need everyone's help to achieve this objective citywide but occasionally we need to send out reminders.
We are contacting you regarding possible city ordinance violation(s) on your property at 19176 DENT ST NW. The city
conducted a preliminary inspection of your property on 10/20/2022, and possible violations were identified.
Please refer to the attached documentation to review the possible violations and corrective action(s) necessary to bring your
property into compliance. You may contact me at 763.635.1067 or GSchultz@E1kRiverMN.gov for additional
information/clarification, or if you believe this notice was sent in error.
All violations are to be corrected by the date outlined in the attached notice. If you are unable to complete the required
correction by the date provided, you will need to submit a written request to justify the granting of an extension prior to the
original correction date. If the code violations have since been corrected, please contact me to schedule a re -inspection.
We appreciate your cooperation and compliance in this matter.
Sincerely,
Graham Schultz
763.635.1067
GSchultz@ElkRiverMN.gov
Planning and Code Enforcement
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Violations
THOMPSON, DEAN G
19176 KENT ST NW
Date Inspected:
Short Description: Clean and Uncluttered Landscape
Type: Land Use WE
Latest Inspection:
Correct/Address by: 10/15/2020 FEW
Ordinance: 30-934 (a) (2)
Full Description: (a)AA General requirements. The following general
requirements are applicable to all districts: (2) All landscaped areas shall be kept FE
neat, clean and uncluttered.
Notes: Outside storage of pipes, lumber, machinery, tires, household
waste or items, etc. is prohibited. Do not store items alongside your
home, shed, or garage even if covered by a tarp.
Short Description: Rubbish - Peace and Safety
Type: Public Nuisance
Latest Inspection:
Correct/Address by: 10/15/2020
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.
Notes: Outside storage of pipes, lumber, machinery, tires, household
waste or items, etc. is prohibited. Do not store items alongside your
home, shed, or garage even if covered by a tarp.
Short Description: Unsafe Structure
Type: Public Nuisance
Latest Inspection:
Correct/Address by: 10/15/2020
Ordinance: 46-35 (a)
Full Description: (a) Any building or structure in the city which is found by the
building and zoning administrator or the fire marshal to be dangerous to public
safety or health or to other property by reason of. (1) Damage by fire; (2) A
defective chimney or stovepipe; (3) Dilapidated condition or decay; (4)
Defective electric wiring; (5) Defective gas installation; (6) Defective heating
apparatus; (7) A defective sewage disposal system or plumbing; or (8) Any other
defect endangering public safety or health or other property; is hereby declared
to be a nuisance affecting public safety and health.
Notes: Roof is in need of repairs
Short Description: Permit Required
Type: Land Use
Latest Inspection:
Correct/Address by: 10/20/2022
Ordinance: 30-860
Full Description: Construction permit is required before starting, starting work
without a permit may result in a double permit fee.
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Notes: STOP WORK UNTIL PERMIT IS OBTAINED
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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 n ho register complaints with government entities concerning violations of state lams 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.
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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.elkn*verMN.gov and are also available at city hall (13065 Orono Parkway NW).
Sec. 30-633 - A eals, 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.
(bl 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 anv conditions established in connection therewith.
Sec. 30-634. - A�ppeals.
(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. -Anneals 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
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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.
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Wver
November 04, 2022
THOMPSON, DEAN G
19176 KENT ST NW
ELK RIVER, MN 55330-1178
NOTICE OF VIOLATION
and
ORDER TO CORRECT
Inspected on: November 04, 2022
CE Case No: 20-002240
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.
Graham Schultz
763.635.1067
GSchultz@Elk-RiverMN.gov
Code Enforcement Official
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Violations
THOMPSON, DEAN G
19176 KENT ST NW
Short Description: Clean and Uncluttered LandscapeFx
Type: Land Use
Date Inspected: WE
Latest Inspection:
Correct/Address by: 11/18/2022 FEW
Ordinance: 30-934 (a) (2)
Full Description: (a)AA General requirements. The following general
requirements are applicable to all districts: (2) All landscaped areas shall be kept FE
neat, clean and uncluttered.
Short Description: Rubbish - Peace and Safety
Type: Public Nuisance
Date Inspected:
Latest Inspection:
Correct/Address by: 11/18/2022
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: Unsafe Structure
Type: Public Nuisance
Date Inspected:
Latest Inspection:
Correct/Address by: 11/18/2022
Ordinance: 46-35 (a)
Full Description: (a) Any building or structure in the city which is found by the
building and zoning administrator or the fire marshal to be dangerous to public
safety or health or to other property by reason of. (1) Damage by fire; (2) A
defective chimney or stovepipe; (3) Dilapidated condition or decay; (4)
Defective electric wiring; (5) Defective gas installation; (6) Defective heating
apparatus; (7) A defective sewage disposal system or plumbing; or (8) Any other
defect endangering public safety or health or other property; is hereby declared
to be a nuisance affecting public safety and health.
Short Description: Permit Required
Type: Land Use
Date Inspected:
Latest Inspection:
Correct/Address by: 11/18/2022
Ordinance: 30-860
Full Description: Construction permit is required before starting, starting work
without a permit may result in a double permit fee.
Frequently Asked Questions
Ful
What is code enforcement?
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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 avho register complaints with government entities concerning violations of state lams 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.elknverMN.gov and are also available at city hall (13065 Orono Parkway NW).
Sec. 30-633 - A peals, 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.
(bl 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 anv conditions established in connection therewith.
Sec. 30-634. - A
�ppeals.
(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
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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. -Anneals 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
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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.
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Wver
August 16, 2023
THOMPSON, DEAN G
19176 KENT ST NW
ELK RIVER, MN 55330-1178
NOTICE OF VIOLATION
and
ORDER TO CORRECT
Inspected on: August 16, 2023
CE Case No: 20-002240
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.
Graham Schultz
763.635.1067
GSchultz@Elk-RiverMN.gov
Code Enforcement Official
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Violations
THOMPSON, DEAN G
19176 KENT ST NW
Short Description: Clean and Uncluttered LandscapeFx
Type: Land Use
Date Inspected: WE
Latest Inspection:
Correct/Address by: 08/30/2023 FEW
Ordinance: 30-934 (a) (2)
Full Description: (a)A General requirements. The following general FEW
requirements are applicable to all districts: (2) All landscaped areas shall be kept
neat, clean and uncluttered.
Short Description: Rubbish - Peace and Safety
Type: Public Nuisance
Date Inspected:
Latest Inspection: FEW
Correct/Address by: 08/30/2023
Ordinance: 46-34 (a) (4) FEW
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.
WE
Short Description: Unsafe Structure
Type: Public Nuisance FEW
Date Inspected:
Latest Inspection:
Correct/Address by: 08/30/2023
Ordinance: 46-35 (a)
Full Description: (a) Any building or structure in the city which is found by the
building and zoning administrator or the fire marshal to be dangerous to public
safety or health or to other property by reason of. (1) Damage by fire; (2) A
defective chimney or stovepipe; (3) Dilapidated condition or decay; (4)
Defective electric wiring; (5) Defective gas installation; (6) Defective heating
apparatus; (7) A defective sewage disposal system or plumbing; or (8) Any other
defect endangering public safety or health or other property; is hereby declared FEW
to be a nuisance affecting public safety and health.
Short Description: Permit Required
Type: Land Use WE
Date Inspected:
Latest Inspection:
Correct/Address by: 08/30/2023
Ordinance: 30-860
Full Description: Construction permit is required before starting, starting work
without a permit may result in a double permit fee.
FRI
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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
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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 n ho register complaints with government entities concerning violations of state lams 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.elkn*verMN.gov and are also available at city hall (13065 Orono Parkway Nam.
Sec. 30-633 - A eals, 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.
(bl 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 there-,vith.
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.
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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. -Anneals from decisions of board
n
(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.
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