CR 99-148 Nuisance Abatement 610/612-12th Avenue South
August 17, 1999
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Council Report 99-148
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NUISANCE ABATEMENT 610/612 - 12TH AVENUE SOUTH
Proposed Action
Staff recommends adoption of the following motion: Move to schedule a public hearin~ for Tuesday~
S((ptember 7. 1999 at 7:45 pm to consider the existence of~ nuisance violation at 610/612 - 12th Avenue
South in HQpkins~ and to est~blish procedures by which to abate th~ nuisance and assess the cost ofthat
abatement against the property.
Adoption ofthis motion will result in a hearing being held at the first meeting in September, wherein the
Council will hear evidence relative to a nuisance violation and, if a violation is found, could result in Council
orders to abate the nuisance.
Overview
The property in question is owned and operated by Mr. Gary Schumacher, who runs a business called Gary's
Towing, at that location. The Inspection Department has been working with this property owner to attempt
to bring the property into compliance with our codes by writing orders for cleanup and giving deadlines for
completion. These deadlines have not been met.
The Hopkins City Codes through Chapter 615 call for an abatement procedure that allows the City to seek
abatement of nuisance violations and to ensure cleanup by City action if necessary. Part of the process
required under this Code is a hearing process, wherein the Council determines the severity of the issue and is
authorized to require cleanup.
Staff is recommending that the Council set the public hearing as part of this ongoing effort.
Primary Issues to Consider
. What additional steps may be necessary in this process?
Assuming the Council schedules the public hearing and eventually determines a nuisance exists and
orders abatement, the City Attorney will seek a court order authorizing the City to enter the property
and to physically abate the nuisances. An assessment process will be utilized to assess the costs of
this procedure against the property.
· What alternatives does the Council have?
If the Council does not wish to set the public hearing date, it could provide additional time for the
owner to continue cleanup efforts. The Council could also request additional information from the
staff prior to action.
Supporting Documents
· Correspondence to Mr. Gary Schumacher, July 27, 1999
· City Codes Sections 615.02 and 1325.01 and .03
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Steven C. Mielke, City Manager
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City of Jfopkjns
1010 Pirst Street Soutli · J{OP~ns, 9rf1V 55343-7573 · q>/ione: 612-935-8474 · P~ 612-935-1834
July 27, 1999
Mr. Gary Schumacher
15323 Falcon Avenue
G1encoe, MN 55336
Re: Property at 610/612 12th Avenue
Hopkins, Minnesota
Lots 4 and 5, Block 56, West Minneapolis
Dear Mr. Schumacher:
The purpose of this letter is to inform you that the condition of the property located at 610/612
12th Avenue South in the City of Hopkins, Hennepin County, legally described as Lots 5 and 6,
Block 56, West MiImeapolis Addition, constitutes a nuisance pursuant to the Hopkins City Code.
Although you are not the legal owner of the property at this time, you are being provided this
notice because of your interest in the property.
The conditions which constitute the nuisance encompass the entire property and include the open
storage of automobile parts, the open storage of various building materials, the parking of
numerous junk vehicles which are not currently licensed and do not function, the weeds and
grass which are overgrown on the property, the deposit of a significant amount of junk and
garbage on the property, the open storage of chemicals on the property and the improper storage
of a motor home and manufactured home on the property. These conditions violate Hopkins
City Code Sections 615.02, subd. 1, subd. 2, subd. 3, subd. 6 and subd. 7. In addition, these
conditions violate Hopkins City Code Section 1325.03 and 1325.01, subd. 1 (4).
You are required to correct these conditions and are hereby ordered to take the following actions
no later than August 16, 1999:
First, the following vehicles need to be removed from the property:
1. Black 1953 Olds with dealer plates;
2. Black 1964 Chevrolet;
3. Tan/yellow Oldsmobile Cutlass with no plates;
4. Honda Prelude back end;
)In 'EqU4{ Opportunity 'Empfoyer
~ .. Mi. Gary Schumacher
- 3 -
July 27, 1999
Fifth, all other items of personal property including all tires, automobile parts, building materials
and all other types of property must be removed from the property entirely. If you intend to
operate as a towing storage lot, you cannot store any property other than vehicles, unless you
store that property in an enclosed building. If you choose to store property in an enclosed
building, you must first obtain a permit from the City of Hopkins.
Sixth, you must repair the fence so that it completely encloses your property. In addition,
because you are using the property for open storage, you must provide screening. Therefore, you
must obtain a fence that screens your property from the view of all other property owners,
including those on the alley side of your property. Before you begin work on such a fence,
however, you must obtain a permit to do so from the City of Hopkins.
Seventh, you must come into compliance with all rules of the Minnesota Pollution Control
Agency regarding the handling and storage of hazardous wastes, including but not limited to
anti-freeze and oil.
Finally, you must cut down the weeds and grass that have overgrown the property and clean up
all garbage, refuse and other rubbish on the property. As stated above, all of these improvements
must be completed no later than August 16, 1999, to the satisfaction of the Hopkins Inspections
Department.
If you fail to comply with this deadline, the matter will be immediately referred to the Hopkins
City Council which will schedule a public hearing to determine the existence of the nuisance to
establish the procedures by which to abate the nuisance and to assess the costs of that abatement
against the property.
If you have any questions regarding this order, please contact me.
Sincerely,
Terry Tousignant
Hopkins City Inspector
WC/drs
cc: Mr. Wynn Curtiss /
Mr. Steve Mielke ./
Mr. Jim Genellie
Mr. Tom Anderson
Mr. Matthew Sackett
Richard Meshbesher, Esq.
c:\fil e\hopci v\schumacher.ltr
Hopkins City Code
615.01, Subd. 19
Subd. 19. Weeds. Weeds shall mean useless and troublesome plants commonly
known as weeds including noxious weeds such as cockleburr, burdock, tumble mustard,
wild mustard, wild oats, Canadian thistle, oxeye daisy, quack grass, Frenchweed, and
Russian thistle, and also including "Noxious Weeds" as defined in Minnesota Statutes
Section 18.171, Subd. 5, as amended.
615.02 Nuisance. A nuisance shall mean any substance, matter, emission, or thing
which creates a dangerous or unhealthy condition or which threatens the public peace,
health, safety, or sanitary condition of the City or which is offensive or has a
blighting influence on the community and which is found upon, in, being discharged or
flowing from any street, alley, highway, railroad right of way, vehicle, railroad car,
water, excavation, building, erection, lot, grounds, or other property located within
the City of Hopkins. Nuisances shall include but not be limited to those set forth in
this Section.
Subd. 1. Refuse. noxious substances. hazardous wastes. Refuse, noxious
substances, or hazardous wastes laying, pooled, accumulated, piled, left, deposited,
buried, or discharged upon, in, being discharged or flowing from any property,
structure, or vehicle; except for:
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a) refuse deposited at places designated and provided for that purpose
by the Hopkins City Code;
b) refuse stored in accordance with prov1s1ons of the Hopkins City Code
or vehicle parts stored in an enclosed structure;
c) compost piles established and maintained in accordance with the
regulations of the Department of Inspections;
Subd. 2. Weeds. Grass or Weeds which have grown upon any property to a
height of ten or more inches or which have gone or are about to go to seed.
Subd. 3. Vermin harborage. Conditions which in the op1n1on of the
Enforcement Officer are conducive to the harborage or breeding of vermin including
materials stored less than 12 inches' off the ground.
Subd. 4.
skunks, snakes,
flies.
Vermin infestations. Infestations
bats, grackles, starlings, pigeons,
of vermin such as rats, mice,
bees, wasps, cockroaches, or
Subd. 5. Sanitary structures. Structures for sanitation such as privies,
vaul ts, sewers, private drains, septic tanks, cesspools, drain fields which have
failed or do not function properly or which are overflowing, leaking, or emanating
odors. Septic tanks, cesspools, or cisterns which are abandoned or no longer in use
unless they are emptied and filled with clean fill. Any vault, cesspool, or septic
tank which does not meet the following criteria:
a) the bottom and sides are cemented to make impervious to water,
b) the bottom is at least six feet below grade,
c) proper ventilating pipes and covers are provided,
d) it is located at least 20 feet from any house, residence, building,
or public street,
Hopkins City Code
(Rev. 9/94) 615.02, Subd 6
e) it is cleaned at least once a year, and
f) the property served is located such that connection to the public sewer
is impractical.
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Unsecured unoccupied buildings.
of buildings which are unsecured.
Unoccupied buildings or unoccupied
Subd. 7. Hazards. Any thing or condition on the property which in the opinion
of the Enforcement Officer may contribute to injury of any person present on the
property. Hazards which shall include but not be limited to dangerous
structures, abandoned buildings, open holes, operr foundations, open wells,
dangerous trees or limbs, abandoned refrigerators, or trapping devices.
Subd. 8. Fire hazards. Any thing or condition on the property which in the
opinion of the Enforcement Officer creates a fire hazard or which is a violation
of the Fire Code.
Subd. 9. Health hazards. Any thing or condition on the property which in the
opinion of the Enforcement Officer creates a health hazard or which is a
violation of any health or sanitation law.
Subd. 10. Graffiti. Any writing, printing, markings, signs, symbols,
designs, inscriptions, or other drawings which are scratched, painted,
otherwise placed on any exterior surface of a building, wall, fence,
curb or others structure or equipment on public or private property
have the effect of defacing the property. (Added by Ord. #94-741)
figures,
drawn or
sidewalk,
and which
Subd. 11. Statute and Common Law Nuisances. Any thing or condition on property
which is known to the common law of the land as a nuisance, or which is defined
or declared to be a nuisance by the Statutes of Minnesota or the Hopkins Code of
Ordinances.
615.03 Violations. Subdivision 1.
or by omission, create a nuisance.
No person shall, directly or indirectly
Subd. 2. No owner or responsible party shall allow a nuisance to remain
upon or in any property or structure under his or her control.
Subd. 3. No owner of any truck, trailer, railroad car or flat, or other
vehicle shall leave the vehicle standing on or along any street, highway,
freeway, or railroad track, or other property within the City of Hopkins carrying
or containing any refuse, noxious substance, or hazardous waste, except as
otherwise permitted by the Hopkins Code of Ordinances.
615.04- Disclosure of responsible party. Upon the request of the Enforcement
Officer or the City Clerk, a responsible party or owner shall disclose the name
of any other responsible party or owner known to him/her. This shall include but
not be limited to the persons for whom he/she is acting, from whom he/she is
leasing the property, to whom he/ she is leasing the property, with whom he/she
shares joint ownership, or with whom he/she has any conveyancing contract.
615.05 Inspection of unoccupied buildings. An owner or responsible party
shall, upon the request of the Enforcement Officer, provide the Officer with
access to all interior portions of an unoccupied building in order to permit the
Officer to make a complete inspection.
Hopkins City Code
615.06
615.06 Order to cease. In the event that
creating a nuisance, the Officer may, after
that the person cease creating a nuisance.
an Enforcement Officer observes a person
presenting proper indentification, order
615.07 Enforcement Officer authorized to enter. The Enforcement Officer shall be
authorized to enter any property or structure in the City for the purpose of enforcing
and assuring compliance with the provisions of this Chapter.
615.08 Authority to Abate
Subd. 1. The City is authorized to abate nuisances in accordance with the
procedures set forth in Sections 615.10, 615.11 and 615.12. All abatement costs
incurred shall be charged against the property as a special assessment to be assessed
and collected in the manner provided in Minnesota Statutes Section 429.101 or in any
alternative manner provided elsewhere in Minnesota Statutes except that when a request
is filed for a review of an emergency abatement the assessment hearing shall be
replaced by the hearing provided for in Section 615.12.
Subd. 2. Abatement may include but shall not be limited to removal, cleaning,
extermination, cutting, mowing, grading, covering or filling dangerous unfinished or
abandoned excavations, sewer repairs, draining, securing, boarding unoccupied
s truc tures, barricading or fencing, removing dangerous portions of structures, and
demolition of dangerous structures or abandoned buildings.
Subd. 3. Abatement costs shall include the cost of the abatement; the cost of
investigation, such as title searches, inspection, and testing; the cost of
notificatio~; filing costs; and administrative costs.
615.09. Service. When service of an order or notice is required, anyone or more of
the following methods of service shall be adequate:
Subd. 1.
by personal service; or
Subd. 2. by mail, unless it is a written order which gives three days or less
for the completion of any act it requires; or
Subd. 3. if the appropriate party or address cannot be determined after
reasonable effort, by posting a copy of the order in a conspicuous place on the
property. If a mailed order or notice is returned by the United States Postal
Service, a good faith effort shall be made to determine the correct address, unless
the order or notice orders abatement and that abatement has been completed.
615.10 Abatement Procedure. Unless the nuisance is as described in Sections 615.11
or 615.12, the City may abate the nuisance by the procedure described below.
Hopkins City Code
615.10, Subd. 1
Subd. 1. Order. The Enforcement Officer shall serve a written order upon the
owner. The written order shall also be served upon any responsible party known to the
Officer and may be served upon any party known to have caused the nuisance. The
written order shall contain the following:
a) a description of the real estate sufficient for identification;
b) ~ description and the location of the nuisance and the remedial
action required to abate the nuisance;
c) the abatement deadline, to be determined by the Enforcement Officer
allowing a reasonable time for the performance of any act required;
d) a statement that the order may be appealed and a hearing before the
City Council obtained by filing a written request with the City Clerk before the
appeal deadline which shall be the abatement deadline designated in the order or
seven calendar days after the date of the order, whichever comes first; and
e) a statement that if the remedial action is not taken nor a request
for a public hearing filed with the City Clerk within the time specified, the
City will abate the nuisance and charge all costs incurred therein against the
real estate as a special assessment to be collected in the same manner as
property taxes.
Subd. 2. Setting hearing date. In the event that an appeal is filed with the
City Clerk, the City Council shall within two weeks fix a date for a public hearing.
Subd. '3. Notice. The City Clerk shall mail a notice of the date, time, place
and subject of the hearing to the owner and known responsible parties. The City Clerk
shall also notify the Enforcement Officer.
Subd. 4. Hearing. At the time of the public hearing, the City Council shall
hear from the Enforcement Officer, and any other parties who wish to be heard. After
the hearing, the City Council may confirm or modify the order of the Enforcement
Officer. In either case, if the Council's determination requires abatement, the City
Council shall, in the resolution, fix a time within which the nuisance must be abated
and shall provide that if corrective action is not taken within the time specified,
the City may abate the nuisance. The City Clerk shall mail a copy of this resolution
to the same parties required to be notified in Subd. 3 of this Section.
Subd. 5. Abatement. If the remedial action is not taken nor an appeal filed
within the time specified, the City may abate the nuisance.
Hopkins City Code
(Rev.), 1325.01
Section 1325 - Junk Cars. Racing Cars and Stock Cars
Removal and Impounding of Abandoned or Other Vehicles
Constituting a Public Nuisances.
1325.01. Definitions. Subdivision 1. The following words and terms for the purpose
of this Ordinance are defined as follows:
if
Subd. 2. "Abandoned motor vehicle" means a motor vehicle as defined in
Minnesota Statues,. Section 169.01, that has remained for a period of more than 48
hours on public property illegally or lacking vital component parts, or has remained
for a period of more than 48 hours on private property without consent of the person
in control of such property or in an inoperable condition such that it has no
substantial potential further use consistent with its usual functions unless it is
kept in an enclosed garage or storage building. It shall also mean a motor vehicle
voluntarily surrendered by its owner to and accepted by the City or its towing
contractor. A classic car or pioneer car, as defined in Minnesota Statutes. Section
168.10, shall not be considered an abandoned motor vehicle within the meaning of this
ordinance.
Subd. 3. "Towing contractor" means a person, firm or corporation under contract
awarded by the City under this ordinance to tow and impound vehicles.
Subd. 4. "Vehicle constituting a public nuisance" means any motor vehicle,
whether occupied or not, that is found stopped, standing, or parked in violation of
the ord~nances of the City of Hopkins or the laws of the State of Minnesota, or that
is reported stolen, or that is found impeding firefighting, snow removal or plowing,
or the orderly flow of traffic. '
Subd. 5. "Vital component parts" means those parts of a motor vehicle that are
essential to the mechanical functioning of the vehicle, including, but not limited to,
the motor, drive train, and wheels.
Subd. 6. "Junk car" means any motor vehicle which is not in operable condition,
partially dismantled, used for sale of parts or as a source of repair or replacement
parts for other vehicles, kept for scrapping, dismantling, or salvage of any kind, or
which is not properly licensed for operation within the State of Minnesota.
Subd. 7. "Racing Car" means any motor vehicle designed or intended for
operation on a speedway, race track, or other facility used or designed for high speed
contests between two or more vehicles or for timing of speed.
Subd.
construction
or intended
designed for
8. "Stock Car" means any motor vehicle of standard design and
which is modified, adapted or altered in any manner to increase its speed
for operation on a speedway, race track, or other facility used or
high speed contests between two or more vehicles or for timing of speed.
Subd. 9. "Motor vehicle" means a motor vehicle as defined in Minnesota Statues
Section 169.01.
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Hopkins City Code
(Rev., 1993)
1325.03
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1325.03 Parkin~ or storaJ1;e for Reuair. or Maintenance of Bus. Camper. Truck.
Tractor. Semi-Trailer. Racing or Junk Cars or other Vehicles on Public and Private
Property. No person shall cause or permit the parking, keeping or storage for more
than two hours of any bus, camper, truck, tractor, semi-trailer, racing or junk cars
or other similar vehicles for the purpose of repair, replacement or exchang of parts
or any other maintenance work thereon, in or on any public street, alley, road,
highway, parking lot, park or other public property or premises in or on any private
lands or premises unless such vehicles on any such private lands be within an
enclosed building.
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1325.05 Service and Reuair on Public Place. No person shall service, repair, paint,
dismantle, overhaul, or otherwise maintain or do work upon any motor vehicle on, or
in any public street, avenue, alley, road highway, boulevard, parking lot or
facility, park or other public property or premises.
1325.07 Certain Vehicles Declared a Public Nuisance: Removal and Imuounding Thereof.
Any vehicle constituting a public nuisance as defined in Section 1325.01, Subd. 4 of
this Ordinance, and any stock or junk car not kept in an enclosed garage or storage
building is hereby deemed and declared to be a public nuisance and such nuisance may
be abated in the manner set forth in this Ordinance.
1325.09 Vehicles Constituting a Public Nuisance and Abandoned Motor Vehiel s May be
Taken into Custody and Imuounded. The City Manager, any police officer, firefighter,
or other duly authorized personnel, including the Superintendent of Roads and Snow
Removal, may immediately order any abandoned motor vehicle or any vehicle
constituting a public nuisance to be removed and impounded in the manner herein
provided, and it shall be surrendered to the duly identified owner thereof by the
towing contractor only upon payment of the towing, impoundment, storage, clerical and
administrative charges set forth in the current schedule of charges and the
furnishing of proof of insurance complying with the provisions of Minnesota Statutes
Section 65B.48 as amended. (Amended Ord. #93-721)
1325.11 Vehicles to be Tagged. Any motor vehicle ordered impounded under this
Ordinance shall be immediately tagged for identification by the Police Department,
which tag shall show the disposition of the car ordered by said Police Department,
and the reason for which impounded. The tag shall be delivered to the towing
contractor.
1325.13 Reuort of Police Officer. Any police officer or other authorized person
directing the impounding of any motor vehicle shall prepare a written report of the
description of such vehicle, which report shall, among other things, include the
following: make of car; license number; number of tires; tools and other separate
articles of personal property; general description of the car with regard to
condition, damaged parts, and such other information as may be necessary to describe
adequately the vehicle and property delivered to the towing contractor. A copy of
such report, signed by the officer, shall be delivered to the towing contractor at
the time of impounding. The towing contractor shall receipt for such report, and
shall check such report, and his signature thereon shall be considered a receipt for
the vehicle and property described in said report. The original and one copy of said
report, and towing contractor's receipt shall be filed in the Police Department.
(Amended Ord. #93-721)