CR 99-151 Nuisance Abatement Hearing 610 12th Ave S
CITY OF
-
September 2, 1999
HOPKINS
Council Report No. 99-151
NUISANCE ABATEMENT HEARING 610 12TH AVENUE SOUTH
ProlJosed Action.
Staff recommends approval of the following motion: Aooroval of Resolution 99-073. declaring a nuisance
exists at 610 12th Avenue South and ordering the nuisance abated and costs assessed as a special assessment.
With approval of this motion the staff will begin to proceed with abatement of the nuisance and all
associated costs will be charged against the property as a special assessment, to be collected in the manner
provided in Minnesota State Statutes. charged against the property as a special assessment
Overview.
The property at 610 lih Avenue South is owned by Wanda Schumacher and is being purchased by her son,
Gary Schumacher, on a contract for deed
The staff has received numerous complaints about the condition of the property and upon investigation
determined a nuisance exists under Chapter 615 of the City Nuisance Abatement Code. A formal complaint
has been filed with the Hennepin County Court and is yet unresolved. Trial is set for October 13, 1999
Due to the continued complaints and condition of the property the staff is requesting the City Council declare
a nuisance exists on the property and allow staff to abate the nuisance and assess the costs as a special
assessment against the property. The estimated cost to abate the nuisance not including vehicle storage costs
is $7,100. Storage costs for the vehicles could range from an additional $8700 to $28,900 dependent on the
time we are required to keep them. All costs will be charged against the property as a special assessment.
The nuisance abatement procedure is established in Chapter 615 of the city code.
Primary Issues to consider.
o What constitutes a nuisance?
o Does a nuisance exist on the property?
o Has Gary Schumacher had sufficient time to correct the nuisance?
o What actions are needed to correct the nuisance?
o . What will the abatement cost?
SUDDortim! Documents.
o Background
o Resolution
o Complaint filed with Hennepin County Court
o Orders to correct Nuisance dated July 27, 1999
o August 17, 1999 inspection report "Gary's Towing Update"
o Photographs from August 17,1999
oN' ce Ab em Procedure "Substantial Abatement"
Backg:round.
Staff received a complaint regarding the condition of the property at 610 12th Avenue South. An inspection
was made on May 7th 1999. At that inspection staff observed numerous automobiles on the property, used
tires, metal debris, junk trailers, batteries, barrels, tall weeds and miscellaneous debris. Some of the vehicles
were partially dismantled. The property was not screened by fencing as required in the Hopkins City Code
(Zoning) Section 520.03(m).
A search of the records indicated the property is owned by Wanda Schumacher, 5833 Ashcroft Avenue,
Edina Minnesota and is being purchased by her son, Gary Schumacher, 15323 Falcone Avenue, Glencoe
Minnesota, on a contract for deed. A cancellation of the Contract for Deed was served on Gary Schumacher
on August 4, 1999, and the required reinstatement period ends October 3, 1999. If Mr. Schumacher has not
reinstated the Contract by that time, he will lose all ownership interest in the property and Wanda
Schumacher will be the sole owner. The property is being used and operated as Gary's Towing by Mr.
Schumacher.
A meeting was scheduled with the City attorney to discuss the condition of the property and procedures to
be followed. After some discussion with Mr. Gary Schumacher it was decided to proceed by filling a formal
complaint with the Hennepin County Court. Court papers were filed on June 11, 1999. The complaint is
scheduled to be heard October 13, 1999.
The Staff continued to have contact with Mr. Schumacher who had indicated a willingness to co-operate in
attempt to resolve the issue. Due to the lack of substantial compliance and continued complaints about the
condition of the property, staff again met with Mr. Schumacher on the property. On July 27, 1999 additional
orders were sent under the Substantial Nuisance Abatement procedure of the City Nuisance Abatement code
Chapter 615. The orders were sent both to Gary Schumacher and the owner Wanda Schumacher giving them
till August 17, 1999 to bring the property into compliance with Chapter 615 Nuisance Abatement.
On August 17, 1999 staff again visited the property and found some progress had been made but the property
was still in substantial none compliance.
Primarv Issues to consider.
o What constitutes a nuisance?
Section 615.02 defines a nuisance as meaning 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. The code
Chapter 615 defines but is not limited to the following nuisances:
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:
a) Refuse deposited at places designated and provided for that purpose by the Hopkins City
Code;
b) Refuse stored in accordance with provisions 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 OpInIOn of the Enforcement Officer are
conducive to the harborage or breeding of vermin including materials stored less than 12 inches off
the ground.
Subd. 6. Unsecured unoccupied buildings. Unoccupied buildings or unoccupied portions of buildings
which are unsecured.
Subd. 7. Hazard 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, open foundations, open
wells, dangerous trees or limbs, abandoned refrigerators, or trapping devices.
In addition City Code Section 1325.01 Subd. 4 defines a vehicle constituting a public nuisance as one
that is parked in violation of the city ordinances. City Code Section 1325.03 prohibits the parking of
junk cars on public or private property for more than two hours. A junk car is defined under 1325.01
Subd. 6.
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.
In addition, Hopkins City Code (Zoning) Section 520.13, subd. 4, reads as follows:
Nuisances. Any fence which is, or has become dangerous to the public safety, health or welfare, is a
public nuisance. The Zoning Administrator may commence proper proceedings for the abatement
thereof.
o Does a nuisance exist on the property?
Staff has made several visits to the property, the most recent on August 17, 1999. Pictures of the
condition of the site are attached.
Staff believes the following nuisance violations exist on the property:
1. The property was not secured with a fence surrounding the property nor was the property
screened from the surrounding streets, alleys and adjoining properties. This is a violation of the
Hopkins City Code (Zoning) Section 520.13, subd. 4 and also constitutes a nuisance under City
Code Section 615.02 subd.7 Hazard and City Code Chapter 435 Outside Storage.
2. Substantial piles of junk were found including, tires, barrels, miscellaneous car parts, radiators,
batteries, and miscellaneous debris stored outside. This is a nuisance as defined in City Code
Section 615.02 subd. 1 Refuse. noxious substances. hazardous wastes. and subd. 3 Vermin
harborage.
3 . Weeds were found growing on the property that exceeds 10" in height. This is a nuisance as
defined in City Code Section 615.02 Subd. 2.
4. A small metal storage structure was found containing more car parts and debris that is unsecured.
This is a nuisance as defined in City Code Section 615.02 subd. 6 Unsecured unoccupied
buildings.
5. Thirty-nine vehicles were stored on the site, nineteen of which were unlicensed, partially
dismantled or un-drivable, all were stored outside. This is a nuisance as defined in City Code
Section 1325.01 subd. 4, and a violation of City Code Section 1325.03.
o Has Gary Schumacher had sufficient time to correct the Nuisance?
Staff believes ample time has been given to Mr. Schumacher to bring the property into compliance.
Staffhas had numerous conversations with Mr. Schumacher dating back to early May about the
condition of the property. A formal complaint was filed with the Hennepin County Court in early
June. Additional meetings and discussions continued leading up to nuisance abatement orders issued
on July 27, 1999. In those orders Mr. Schumacher was given an additional three weeks to comply. On
August 17,1999 an inspection was made by city staff and although some progress has been made
substantial compliance has not been achieved.
o What actions are needed to correct the nuisance?
In order to abate the nuisance the following must be completed.
1. The vehicles must be removed from the site and stored to allow the site to be graded and cleaned.
2. All grass and weeds must be mowed to a height less than 10"
3. All miscellaneous car parts, tires, barrels, radiators, batteries, and piles of miscellaneous debris
must be removed and disposed of.
4. The unsecured metal storage structure and its contents must be demolished and removed from the
property.
In order for Mr. Schumacher to move vehicles back on the site he will need to apply to the
Zoning Administrator and receive a conditional use permit, obtain the appropriate bu~iness license
and fence the property in accordance with the Zoning Code standards.
o What will the abatement cost?
The complexity and variability of the abatement process for this site makes an exact cost estimate
difficult, but we have provided the following based on our best judgment.
1. Vehicle Removal and Storage costs.
Estimated cost to remove the vehicles is $60.00 per vehicle. Storage for the vehicles is $15.00 per
day for every day the vehicle remains impounded. State Statutes require owners be allowed up to
45 days to claim their vehicles before disposal can occur. Vehicles not claimed will need to be
disposed at an additional $75.00 per vehicle. The storage and disposal costs are the most difficult
to calculate because of the variability of the number of cars that will be unclaimed and the length
oftime each will need to be stored. If all 39 vehicles must be stored for 45 days then disposed, it
would cost $26,000 for the storage and an additional $2900 for disposal.
The total cost to remove the 39 vehicles is $2300. Storage and removal costs should range from
$8700 to 28,900 depending on the number of cars unclaimed.
2. The estimated cost to cleanup the debris, remove the fence, dispose of the material including
batteries and tires, level the dirt and mow the boulevard is about $3,000.
3. Administrative costs are estimated at $1,800.
Alternatives.
o Approve the Resolution and direct staff to abate the nuisance.
o Declare a nuisance exists and give the Schumacher's additional time to comply.
o Declare a Nuisance does not exist.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 99-073
RESOLUTION MAKING FINDINGS OF FACT DECLARING A NUISANCE AT 610 - 12TH
AVENUE SOUTH, ORDERING THE NUISANCE TO BE ABATED AND ASSESSING THE
COSTS OF ABATEMENT AGAINST THE PROPERTY:
Whereas, the property located 610 - 12th Avenue South (the "Property") is owned by Wanda
Schumacher and is being purchased by Gary Schumacher pursuant to a Contract for Deed, and
Whereas, Gary Schumacher operates Gary's Towing Service on the Property, and
Whereas, the physical condition of the Property has been complained of by the surrounding
property owners, and
".
Whereas, on May 7, 1999, the Hopkins City Inspection Staff inspected the Property, and
Whereas, on May 7, 1999, the inspection revealed that the Property contained a large
manufactured home in disrepair, a large recreational vehicle which appeared to be used as a
residence, a large number of automobiles in various states of disrepair, some owned by Gary
Schumacher and others owned by other parties or unknown parties, large amounts of car parts and
tires as well as other junk and debris strewn throughout the Property in plain view and a chainlink
fence in disrepair, and
Whereas, on June 11, 1999, a criminal complaint was filed against Gary Schumacher alleging
violations of the Hopkins City €:ode due to the condition of the Property, and
Whereas, on July 27, 1999, formal orders were sent to Wanda Schumacher and Gary
Schumacher pursuant to Hopkins City Code Section 615.11 requiring that the Property be brought
into compliance with the Hopkins City Code no later than August 16, 1999, and
Whereas, on August 17, 1999, the Hopkins City Inspection Department reviewed the
Property and determined that, although some improvement had been made, the Property did not
comply with the Hopkins City Code, and
Whereas, a public hearing was held September 7, 1999, pursuant to Hopkins City Code
Section 615.11, subd. 5, and
Whereas, at the hearing it was determined that the cost of bringing the Property into
compliance exceeds $10,000, and
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Whereas, neither Gary Schumacher nor Wanda Schumacher indicated an ability or
willingness to expend the funds necessary to bring the Property into compliance.
NOW, THEREFORE, BE IT RESOLVED that the condition ofthe Property located at 610-
12th Avenue South, in the City of Hopkins, Hennepin County, constitutes a nuisance as defined by
various portions of the Hopkins City Code and
BE IT, FURTHER, RESOLVED that the Hopkins City Council directs the City Manager,
the Inspections Department and the City Attorney's office to take all actions necessary to remove the
remaining vehicles, debris and fence to clean up the Property and to assess the costs of the cleanup
to the Property.
Adopted this 7th day of September, 1999.
Charles D. Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk
- 2 -
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s1 ATE OF MINNESOTA
COUNTY OF HENNFPIN
&ATE OF MINNESOTA
vs
FOURTH JUDICIAL DISTRICT COURT
Third DIVISION
Hr-nkinf;
COMPLAINT x
SUMMONS
Plaintiff,
WARRANT
Name Gary Scott Schurn3cher
first middle
Address 2924 Jersey Avenue South
last
8/17//17
Date of Birth
CALENDAR DATE
Calendar Date
City /
State
St. Louig Park, ~~ 55426
Zip Code
8526-271-760-643
Driver's License No.
COMPLAINT
- Terry Tousignant ; Complainant, being duly sworn, makes complaint to the above-named
Court and states that there is probable cause to believe that the Defendant committed the following
offense(s). The complainant states that the following facts establish PROBABLE CAUSE:
Your Complainant is an Inspector with the City of Hopkins Inspection Department. In that capacity,
she has investigated an incident that occurred on or about May 7, 1999, and believes the following
information to be true and correct:
On May 7, 1999, your Complainant and Hopkins City Inspector Art Carlson inspected the premises
at 610 - 12th Avenue South in the City of Hopkins, Hennepin County, Minnesota (the "Premises").
That address is the location of a business called Gary's Towing, owned and operated by Gary Scott
Schumacher, 15323 Falcon Avenue, Glencoe, Minnesota 55336, dob 8/17/47, Minnesota DL #S526-
271-760-643. Your Complainant observed numerous automobiles on the premises, some of which
were partially dismantled, some of which appeared inoperable, and some of which had expired
registrations, some as long ago as 1995. The vehicles on the Premises included a 1979 Ford pickup,
Minnesota License No. 696 NJS with expired registration, a 1983 Ford Mustang, Minnesota License
No. 710 PJP with expired registration and which appeared inoperable, a 1985 Ford van, Minnesota
License No. 889 JQM with expired registration, a 1978 Chevrolet Impala, Minnesota License No.
333 KHG with expired registration, a 1987 Oldsmobile stationwagon, Minnesota License No. 015
ENP with expired registration, a 1989 Ford van, Minnesota License No. 338 NBX with expired
registration, a 1980 Ford van, Minnesota License No. 223 L WP with expired registration, a 1976
GMC Jimmy, Minnesota License No. 487 EQT with expired registration, and a Hyundai Excel.
WHERMiffiff?te!-~~PaSfh~S' ~)~l;\Wa:t ~fl8<!iJ~RtltW~It~~e~~~lrna~}'&lli!ardlA~eto law.
Prosecutor's Name & Signature Complainant's Signature
Eynn Curtiss Terry Tomligmmt
Sworn to and subscribed and complained of before me this day of
19
Section HarkinG City Code InO~.Ol ODd 1120.01, 13Z5~n3,
05'8~~ 9ubd. Z and 605.01, subd. 22, 605.05, ~ubd. 3(d) and 615.02, *
. arge Opl'lTRtp r:t Wett'll" VehiQl~ JunkyaT(' "01/0 ~ LicB!l!1l'!,
per ,Parking of Junk Cars, Open St('lTuge. Littering
rohibited ond Nuisance
ubd.l. ann 615.03~ subd. 2.
Judge of District Court
Hr LL~~? (Ro" tn/szQ\
plates were not listed on file with the Department of Public Safety and other vehicles which had no
visible license plates. Of the vehicles with plates, a Ford van, Minnesota License No. 338 NBX, was
missing its windshield and front windows, and a Hyundai Excel, Minnesota License No. 618 DUE,
was missing all windows and had junk stuffed inside the compartment of the car. A red pickup,
license plate unknown, appeared inoperable as it was stuck in the mud, had its hood up and appeared
to have parts missing from its engine.
In addition to the partially dismantled and inoperable vehicles and vehicles without registration, your
Complainant observed numerous items of refuse on the Premises, including but not limited to
discarded tires, broken windows, broken patio furniture, automobile parts, containers of chemicals,
waste lumber, barrels, a small manufactured home, miscellaneous building materials and a
snowplow attachment. Schumacher has never applied for or received a motor vehicle junkyard
license from the City of Hopkins.
On May 9, 1999, your Complainant returned to the premises for the purpose of taking photographs
and observed that all of the vehicles and all of the conditions present on May 7, 1999, remained. As
of the date of this Complaint, the conditions on the premises remain as they were on May 7, 1999,
and May 9, 1999.
OFFENSES
That based on the foregoing, your Complainant says that on the 7th day of May, 1999, at
610 - 12th Avenue South, within the corporate limits of the City of Hopkins, County of Hennepin,
State of Minnesota, and within the jurisdiction of this court, one Gary Scott Schumacher, then and
there being, did wrongfully, willfully, intentionally, and unlawfully,
COUNT 1 : OPERATE A MOTOR VEHICLE JUNKY ARD WITHOUT A LICENSE-
MISDEMEANOR
Hopkins City Code: 1005.01 and 1120.01
Penalty: 0-90 days imprisonment and/or 0-$700 fine.
. . . operate a building or premises within the city limits for the purpose of junking or dismantling
used motor vehicles without first having obtained a motor vehicle junkyard license.
COUNT 2: IMPROPER PARKING OF JuNK CARS-MISDEMEANOR
Hopkins City Code: 1325.03
Penalty: 0-90 days imprisonment and/or 0-$700 fine.
. . . park a junk car on private property outside an enclosed building.
\
COUNT 3: OPEN STORAGE-MISDEMEANOR
Hopkins City Code: 605.03, subd. 2, and 605.01, subd.22
Penalty: 0-90 days imprisonment and/or 0-$700 fine.
. . . cause, maintain or permit any open storage for more than 72 hours.
COUNT 4: LITTERING PROHIBITED-MISDEMEANOR
Hopkins City Code: 605.05, subd. 3(d)
Penalty: 0-90 days imprisonment and/or 0-$700 fine.
. . . allow, permit, scatter, place or abandon any refuse upon any private property.
COUNT 5: NUISANCE-MISDEMEANOR
Hopkins City Code: 615.02, subd. I and 615.03, subd. 2
Penalty: 0-90 days imprisonment and/or 0-$700 fine.
. . . accumulate, pile, leave or deposit refuse on property which is not stored according to the
Hopkins City Code.
CityofJ(opfjns
1010 Pirst Street Soutli · Jlopftins, ~!N 55343-7573 · plione: 612-935-8474 · PaJ(; 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 Minneapolis 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 ofa 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;
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(. Gary Schumacher
-2-
July 27, 1999
5. Red Chevrolet Cheyenne pickup;
6. Red front one-half of pickup;
7. Maroon Hyundai Excel;
8. Grey back one-half of pickup.
9. White camper/trailer;
10. Ford Mustang, License No. 710 PJP;
11. Silver/grey Volkswagen Golf with no plate;
12. Grey Bronco, License No. 258 HTC;
13. Blue Chevrolet Caprice;
14. Black pickup with topper;
15. Ford 150 pickup, License No. 174 ERF/974 ERF.
16. Maroonlbrown Oldsmobile station wagon, License No. 015 ENP.
17. Red Dodge, License No. ALX 180;
18. Orange Volkswagen Beetle;
19. Red/maroon Cutlass, License No. BJV 491;
20. White El Camino, License No. CRR 846;
21. ChevroletJmpala, License No. 333 KHG;
22. Grey L TD, License No. 166 LDR.
Second, you must remove any other vehicles owned by you which are not used directly for the
business of towing vehicles.
Third, you must remove any other vehicles not listed above which are being stored for any third
person.
I
Fourth, the large green trailer must be remQved.
. 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 i~ 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 prop~rty 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.
1< inally, 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:\file\hopciv\schumacher .Itr
GARY'S TOWING UPDATE
AUGUST 17, 1999
When:
Tuesday, August 17, 1999
Where:
610/612-12th Ave S.
Gary' s Towing
Time:
11:15 AM
Present:
Tom Anderson-Bldg. Official
Terry Tousignant-Inspector
The purpose of this update is to inform you of the existing conditions at the
above mentioned property.
We inspected the premises in question for compliance of ordinance
violations 615.02, subd. 1, subd. 2, subd. 3, subd. 6 and subd. 7. In addition,
Section 1325.03 and 1325.01, subd 1 (4).
The vehicles found on the property are as follows (* indicates vehicles that were
to be removed and have not):
1.
1) White Camaro-CRH 846
2) Blue tow truck-TAA 2407
3) Caprice Station Wagon-015 ENP *
4) Ford Van-No License
5) Back half of Tow Truck *
6) Black Ford PU-773 BGB (?*)
7) Buick Century-854 JMR
8) GMC Jimmy-487 EQT *
9) Chevy PU (front cab) *
10) podge PU-345 HBY
11) Chevy PU-(no motor) 225 PXT Filled with junk *(6/98)
12) Tow Truck-305 HGJ (7/99)
13) Dodge Dynasty-BRC 276 (4/99)
14) Chevy-575 MGM (11/98)
15) Red Chevy Truck *
16) Oldsmobile-Collector's plates-706883 *
17) Ford-258 HTC 11/94 *
18) Grey back half of PU
19) Custom 350 Ford-TM 85900-99 plates
GARY'S TOWING UPDATE
AUGUST 17,1999
20) Beretta-819 PUZ 5/99
21) Ford 166 LDR 11/98 *
22) Olds 475 LLK-4/98
23) Black Chevy-inoperable *
24) Chevy Caprice 368 MWD 4/98 *
25) Cutlass Sierra(filled with junk) (?*)
26) Hyundai 624 LLJ 5/99*
27) aIds Cutlass BJV 491 5/99 *
28) Olds Station Wagon 205 GPU 12/99
29) Ford Camper 674 FSW 4/97
30) White Camper Trailer *
Complaint Filed Listing the following vehicles to be
removed(3 remain)
31) Ford PU 696 NJS
32) Ford Mustang 710 PJP 8/98 *
33) Ford Van 889 JQM -exp tabs
34) Chevy Impala 333 KHG exp tabs
35) Oldsmobile Station Wagon 015 ENP exp tabs * (previously listed)
36) Ford Van 1989 338 NBX exp tabs
37) Ford Van 1980223 LWP exp tabs
38) GMC Jimmy 487 EQT exp tabs * (previously listed)
39) Hyundai Excel 618 DUE exp tabs
2.
Vehicles owned by Gary Schumacher that were to be removed
(Do not have police print out on all these vehicles)
3. Vehicles were to be removed that were stored for third party.
( On 8/10 Mr. Schumacher stated he was not able to get other party to
remove their vehicles yet. We do not know if any ofthese vehicles belong
to that person)
4. Green Trailer to be removed - Trailer is no longer on property
5. All tires, automobile parts, building material, and other storage to be
removed. Not Done
6. Repair fence to enclose property and provide proper screening. Not Done
7. Minnesota Pollution Control compliance (see attached memo)
8. Weeds and grass to be cut Not Done
Clean up all garbage, refuse and rubbish Not Done
GARY'S TOWING UPDATE
AUGUST 17, 1999
Mr. Schumacher has made some progress in his clean-up and has removed a
significant amount of refuse, furniture, building material, etc.. There are many
different vehicles there now in addition to previous ones. Mr. Schumacher
removed part of the fence in order to get the large trailer off the property. The
fence on the north side was previously removed by Mr. Seward (Seward Auto
Body) because of a property line dispute.
Of the 22 vehicles listed in the letter sent to Mr. Schumacher on July 27, 1999 and
9 in the original complaint filed June 11, 1999 there are 18 vehicles that still
remain on the property in addition to 14 new ones.
Mr. Schumacher was not present at this inspection.
Tom Anderson
Terry Tousignant
See enclosed photos
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Pictures of Gary's Towing taken 8/17/99 by Tom Anderson
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Pictures of Gary's Towing taken 8/]7/99 by Tom Anderson
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Pictures of Gary's towing taken 8/17/99 by Tom Anderson
615.11. Substantial abatement procedure. When the Enforcement Officer
determines that a nuisance exists on a property and the cost of abatement of the
nuisance is estimated to exceed two thousand dollars or the abatement involves
demolition of a building other than a structure accessory to a residential
building or the abatement substantially diminishes the value of the property and
except in the case of an emergency as provided for in Section 615.12, the City
shall abate the nuisance by the procedure described below. A good faith estimate
of the abatement costs, not the actual cost calculated after t4e abatement is
completed, shall be the basis which determines whether this abatement procedure
shall be used.
Subd. 1. Orders. The Enforcement Officer shall serve a written order
upon the owner, all interested parties, and any responsible party known to the
Officer. The order shall contain the following: -
a) a description of the real estate which is sufficient for identification
and which shall include the legal description;
b) the location of the nuisance on the property;
c) a description of the nuisance and the basis upon which it is declared to
be a nuisance;
d) the remedial action required to abate the nuisance;
e) the abatement deadline, to be determined by the Enforcement Officer
allowing a reasonable time for the completion of any act required; and
f) a statement that if the remedial action is not taken before the abatement
deadline, the matter will be referred to the City Council who, after a
public hearing, may order the City to abate the nuisance and charge all
costs incurred against the real estate as a special assessment to be
collected in the same manner as taxes.
Subd. 2. Notice to public. When an order requires, exclusively or as an
option, the demolition of a building, the public shall be put on notice
follows. as
a)A copy of the order shall be placed on file in the Office of the City
Clerk.
b) The Enforcement Officer shall notify the City Council of each property
subject to a demolition order as follows. The Enforcement Officer shall
send to the City Council a list of the properties that have become
subject to a demolition order. The list shall be in the form of a
resolution declaring that an enforcement action has been commenced and
that as a resul~ of the nuisance status of a building on the property an
order has be~n 1ssued detailing the violations and requiring, exclusively
or as ~n opt1?n, 7hat the b~ilding be demolished and that a copy of this
?rder 1S on f1le 1n the Off1ce of the City Clerk. This resolution shall
1z:clude the .legal description of each property and shall authorize and
d1rect the C1ty Clerk to file a copy of the resolution with the Hennepin
County Recorder.
Subd. 3. Settina a hearina date. If the remedial action is not taken
within the time specified in the written order the Enforcement Officer may
notify ~he Cit~ ~ouncil that substantial abatemen~ is necessary and appropriate.
Upon be1ng ~ot1f1ed by the Enforcement Officer, the City Council shall, within
two weeks, f1X a date for an abatement hearing.
Subd. 4. Notice. Written notice of the time, date, place and subject of
the hearing shall be given as set forth in this subdivision.
a) The City Clerk shall immediately notify the Enforcement Officer.
b) At least ten days prior to the hearing, the Enforcement Officer shall
notify the owner and all interested parties by personal service of the
notice upon the owner or his/her duly authorized representative and upon
each interested party or his/her duly authorized representative. If,
after reasonable effort personal service cannot be made, either of the
following methods of notice shall be considered adequate.
1) confirmed mail service which is either certified mail with a signed
receipt returned or first class mail confirmed by written response.
2) mailing the notice to the last known address and publishing the
notice once a week for two weeks in the official city newspaper of
general circulation in the City of Hopkins and posting the notice in
a conspicuous place on the building or property.
c) At least ten days prior to the hearing, the Enforcement Officer shall
mail a notice to any responsible party known to the Enforcement Officer.
Subd. 5. Hearinq. 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 shall adopt a resolution, describing
what abatement action, if any, it deems appropriate. If the resolution calls for
abatement action it may either order the City to take the abatement action or fix
a time within which the nuisance must be abated and provide that if corrective
action is not taken within the specified time, the City shall abate the nuisance:
The City Clerk shall give a copy of this resolution tq the Enforcement Officer
who shall mail copies to any of the parties required to be notified in Subd. 4
for whom the Enforcement Officer has a current mailing address.
.