CR 99-165 Nusiance Abatement 133 12th Ave S
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September 3, 1999
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NUISANCE ABATEMENT 133 12tn AVENUE SOUTH
Council Report 99-165
Proposed Action
Staff recommends adoption of the following motion: Mov~ to scpegule a pUQlic hearin~ for Tuesday,
September 21. 1999 at 7:45 pm to consider the existence ofa nuisance violation ~t 133 12th Avenu~ South in
Hopkins. and to establish procedures by which to abate the nuisance and assess the cost of that abatement
against the property.
Adoption of this motion will result in a hearing being held at the second 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 a single family home owned by Mr. Dale Wojcik. 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 ofthe 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 altdrnatives 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. Dale Wojcik, dated August 24, 1999
· City Codes Sections 615.02, and 405.01.
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Steven C. Mielke, City Manager
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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 mus tard,
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.
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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;
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Subd. 2. Weeds. Grass or Weeds which have g'rown 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,
f1 ies.
Vermin infestations. Infestations
bats, grackles, starlings, pigeons,
of vermin such as rats, mice,
bees, wasps, cockroaches, or
Subd. 5. Sani tary structures. Structures for sanitation such as privies,
vaults, 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,
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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 s~wer
is impractical.
Subd. 6. Unsecured unoccupied buildings.
portions 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, open 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
(Rev. June, 1995) 405.01
Section 405 - Property Maintenance Code
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405.01. Property Maintenance Code Adopted. Subd.
Maintenance Code ("NPMC"), 1993 Edition, published by
Code Administrators International, Inc. ("BOCA") ,
subject to the changes set forth in Subd. 2, below.
Subd. 2. For the
is amended and revised in
1. The National Property
the Building Officials and
is adopted by reference,
(e)
(f)
Section PM101.1
brackets.
Section PM106.2 is deleted in its entirety.
Sections PM107.1, 107.2, 107.3 and 107.4 are deleted in their entirety.
Section PM110. 1 is amended by deleting the word "shall" in the first
line and inserting the word "may".
Section PM 111.0 is deleted in its entirety.
Section PM304.5 is amended by deleting the entire provision and
inserting the following language in its place:
All exterior walls shall be free from holes, breaks, loose or rotting
materials; and maintained weatherproof and properly surface coated
where required to prevent deterioration. Without limiting the
generality of this section, a protective surface of a building shall be
deemed to be out of repair if:
(1) The protective surface is paint which is blistered to an extent of
more than twenty-five percent (25%) of the area of any plane or wall
or other area including window trim, cornice members, porch railings
and other such areas;
purposes of this Section and Section 407, the BOCA NPMC
the following respects:
is amended by inserting "City of Hopkins" within the
(a)
(b)
(c)
(d)
(2)More than twenty-five percent (25%) of the finish coat of a stucco
wall is worn through or chipped away.
(g) Section PM304.12 is amended by inserting in this order the following
dates in the brackets:
May 1
October 1
(h) Section PM405.9 is amended by deleting the entire provision and
inserting the following language in its place:
Minimum Room Widths: A habitable room, other than a kitchen, shall not
be less than seven (7) feet in any plan dimension. Kitchens shall have a
clear passageway of not less than thirty (30) inches between
counterfronts and appliances or counterfronts and walls.
(i) Section PM602. 2 is amended by deleting the number "65" and inserting
the number "68" and by deleting the number "18" and inserting the
number "19".
(j) Section PM602.22.1 is amended by inserting in this order the following
dates in the brackets:
October 1 May 15
(k) Section PM602. 3 is amended by inserting in this order the following
dates in the brackets:
October 1 May 15
City of Jfopkjns
1010 Pirst Street Soutli · 1lopRjns, 9rf.N 55343-'1573 · ~Iione: 612-935-8474 . p~ 612-935-1834
August 24, 1999
Mr. Dale Phillip Wojcik
133 - 12th Avenue South
Hopkins, MN 55343
Re: Property at 133 - 12th Avenue South
Hopkins, MN 55343
Dear Mr. Wojcik:
The purpose of this letter is to inform you that the condition of the property located at 133 - 12th
Avenue South, in the City of Hopkins, Hennepin County, constitutes a nuisance pursuant to the
Hopkins City Code.
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 weeds and grass
which are over grown on the property, the deposit of a significant amount of junk and garbage on
the property, the existence of hazards in the form of a unsecured pool of water, an abandoned
refrigerator, an unsafely constructed storage building, a fire hazard caused by a gas can being left
in the open and piles of wood. In addition to the nuisance violations, the condition of the property
violates the Hopkins City Code, because the garage lacks adequate painting and the fencing is not
in good repair. These conditions violate Hopkins City Code Section 615.02, subd. 1, subd. 2, subd.
6, subd. 7, subd. 8 and.Section 405.01, subd. 2.
You are required to correct these conditions and are hereby ordered to take the following actions no
later than September 6, 1999:
First, the aluminum roof shed must be removed or properly secured. Construction of the shed,
requires a building permit which you must obtain from the Hopkins City Inspections Department.
Second, the pool which you have constructed in the yard must be removed immediately.
Third, the debris behind the garage, including but not limited to tires, wood, a car door and other
general debris, must be immediately removed.
~II 'Equa{ Opporfurrily 'EmplOyer
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Mr. Dale Phillip Wojcik
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August 24, 1999
Fourth, the refrigerators must be removed or placed inside a secured building not accessible to other
persons.
Fifth, all other debris, including but not limited to, the fencing materials lying around the yard must
be removed.
Sixth, the fence must be constructed in a manner acceptable to the Bopkins City Inspections
Department. Construction of a fence requires a permit from the City for which you should contact
the Inspections Department.
Finally, all weeds, grass and other plant material growing on the property must be cut down to
comply with the Hopkins Ordinance. As stated above, all of these improvements must be completed
no later than September 6, 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.
Very truly yours,
Terry Tousignant
Hopkins City Inspector
WC/drs
cc: ' Mr.' Wynn Curtiss
. . Mr. Steve Mielke /'
. Mr. Jim Genellie
Mr. Tom Anderson
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