CR 99-164 Nusiance Abatement 255-257 18th Ave N
September 3, 1999
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_ Council Report 99-164
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NUISANCE ABATEMENT 255 - 257 18TH AVENUE NORTH
Proposed Action
Staff recommends adoption ofthe following motion: Move to schedule a public hearing for Tuesday.
September 21. 1999 at 7:45 pm to consider the existence ofa nui~ance violation at 255 - 257 18th Avenue
North 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 duplex owned by Mr. Mahlon Osburn. 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 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. Mahlon Osburn, dated August 24, 1999
· City Codes Sections 615.02, 605.03 and 1325.03
~~r-~
Steven C. Mielke, City Manager
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.
:I
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 prov~s~ons 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 harbora~e. Conditions which in the
Enforcement Officer are conducive to the harborage or breeding of
materials stored less than 12 inches off the ground.
op~n~on of the
vermin including
Subd. 4.
skunks, snakes,
flies.
Vermin infestations. Infestations
bats, grackles, starlings, pigeons,
of vermin such
bees, wasps,
as rats, mice,
cockroaches, or
Subd. 5. Sanitary structures. Structures for sanitation such as pr~v~es,
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. 1992), 605.03, Subd. 2
f
.
e1
Subd. 2.
Separation of Recyclable materials
a) It shall be the duty of every owner or occupant of a residential
dwelling(s) having recyclable materials which accumulate on the premises
to separate recyclable materials from refuse, place the recyclable
materials in a City approved container and set the recyclable materials
out for collection in a manner that is designated by the City. (Added
Ord. No. 90-685)
b) It shall be the duty of each owner and occupant of multiple-family
dwelling(s), commercial building(s), and institutional building(s),
having recyclable materials which accumulate on the premises to separate
recyclable materials from refuse and provide for the collection of
recyclable materials in authorized waste receptacles using methods
approved by the city which are agreed to by the owner and licensed hauler
of choice. (Amended Ord. No. 92-707)
c)
Yard Waste. It shall be the duty of persons within the City Service Area
to separate yard waste from their mixed municipal solid waste for
collection by the City or authorized contractor. Proper preparation of
the yard waste in the City Service Area will be determined by the rules,
regulations and procedures that are designated by the City. Yard Waste
disposal in the Non-City Service Area shall be in accordance with
Minnesota Statutes Section 115A.931. (Amended Ord. No. 92-707)
d) Brush and Tree Waste. It shall be the duty of every owner or occupant of
residential dwelling(s), multiple-family dwelling(s), commercial and
institutional building(s) to separate brush and tree waste from th ir
mixed municipal solid waste by the rules, regulations and procedures that
are designated by the City. (Added Ord. No. 90-685)
Subd. 3.
Ownership of refuse and recyclables.
a) Ownership of refuse and recyclable material set out for collection shall
remain with the person who set out the material until removed by the
authorized collector. Until the refuse and/or recyclable materials are
removed by the authorized collector, the person who set out the material
is totally responsible for their proper preparation, handling and
storage. Ownership and responsibility for the proper handling of the
refuse and recyclable materials shall vest in the authorized collector
upon removal thereof by the collector.
b) Unauthorized Collection of Refuse or Recyclables. It shall be unlawful
for any person who is not authorized by the City to take or collect or
scavenge any refuse materials or recyclable materials set out for
authorized collection programs within the City.
c)
Right to Sell Recyclables and Yard Waste. Nothing in this ordinance
shall abridge the right of any person to give or sell their recyclable
materials and/or yard waste to any recycling and composting program
lawfully operated for profit, non-profit or charitable purposes.
Hopkins City Code
(Rev.. 1993)
1325.03
A(
1325.03 Parking or storage for Repair. or Maintenance of Bus. Camper. Truck.
Tractor. Semi-Trailer. Racing or Junk Cars or other Vehicles on Public and Privat
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 exchange 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.
1325.05 Service and Repair 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 Impounding 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 Constitutin~ a Public Nuisance and Abandoned Motor Vehicles May be
Taken into Custody and Impounded. 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 Report 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)
City of JfopRjns
1010 PirstStreet Soutli · J{op~ns, 7r1.N 55343-7573 · Cl'lione: 612-935-8474 · P~ 612-935-1834
August 24, 1999
Mr. Mahlon Osburn
2717 Louisiana Avenue South
S1. Louis Park, MN 55426
Re: Property at 255/257 18th Avenue North
Hopkins, Minnesota
Dear Mr. Osburn:
The purpose of this letter is to inform you that the condition of the property located at 255/257
18th Avenue North in the City of Hopkins, Hennepin County, constitutes a nuisance pursuant to
the Hopkins City Code.
Hopkins records indicate you are the owner of this property and, therefore, you are being
provided notice because of your ownership interest.
The conditions which constitute the nuisance encompass the entire property and include the open
storage of automobile parts, parking of a junk vehicle not currently licensed, the open storage of
a trailered personal watercraft, storage of a boat and trailer on the grass, storage of a small
trailered building and the deposit of a significant amount of junk and garbage both on the
property and inside the garage. These conditions violate Hopkins City Code Section 615.02,
Subdivision 1, Section 605.03, Subdivision 2, and Section 1325.03.
You are required to correct these conditions and are hereby ordered to take the following actions
no later than September 6,1999:
First, the gray stationwagon parked in the driveway must be currently licensed and registered and
be functional.
Second, the boat and trailer, personal watercraft and trailered storage building must be removed
or stored inside a permanent structure.
Third, all of the junk and refuse lying in the driveway and on the grass must be removed.
Fourth, the junk and refuse contained in the garage must be cleaned out and inspected by the
Hopkins City Inspections Department.
oftn 'Eqllll{ Opportunity 'EmpCoyer
. ,;,.., ~ .
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.
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, ,
Mr. Mahlon Osburn
-2-
August 24, 1999 _
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
c:\file\hopciv\osbum.mah
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5eptember 3, 1999 ti y Council Report 99-164
° p K � N
� NUISANCE ABATEMENT 255 – 257 18TH AVENUE NORTH
Proposed Action
Staff recommends adoption of the following motion: Move to schedule a�u�lic hearing for Tues�av.
September 21. 1999 at 7:45 bm to consider the existence of a nuisance violation at 255 – 257 18th Avenue
North in �Io�kins, and to establish �rocedures by which to abate the nuisance and assess the cost of that
abatement against the �ro�ertv.
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 duplex owned by Mr. Mahlon Osburn. The Inspection Department has been
�vorking 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.
• Wliat 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.
Su�porting Documents
• Correspondence to Mr. Mahlon Osburn, dated August 24, 1999
• City Codes Sections 615.02, 605.03 and 1325.03
�—�'�
A ^
,�
• Steven C. Mielke, City Manager
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. S, 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, ar 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 a� 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 harbora�e. 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. 4. Vermin infestations. Infestations of vermin such as rats, mice,
skunks, snakes, bats, grackles, starlings, pigeons, bees, wasps, cockroaches, or
flies .
Subd. S. Sanitary 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,
Hopkins City Code (Rev. 1992), 605.03, Subd. 2
��
Subd. 2. Seuaration of Recyclable materials
a) It shall be the duty of every owner or occupant of a residential
dwelling(s) having recyclable materials which accumulate on the premises
to separate zecyclable materials from refuse, place the recyclable
materials in a City approved container and set the recyclable materials
out for collection in a manner that is designated by the City. (Added
Ord. No. 90-685)
b) It shall be the duty of each owner and occupant of multiple-family
dwelling(s), commercial building(s), and institutional building(s),
having recyclable materials which accumulate on the premises to separate
recyclable materials from refuse and provide for the collection of
recyclable materials in authorized waste receptacles using methods
approved by the city which are agreed to by the owner and licensed hauler
of choice. (Amended Ord. No. 92-707)
c) Yard Waste. It shall be the duty of persons within the City Service Area
to separate yard waste from their mixed municipal solid waste for
collection by the City or authorized contractor. Proper preparation of
the yard waste in the City Service Area will be determined by the rules,
regulations and procedures that are designated by the City. Yard Waste
disposal in the Non-City Service Area shall be in accordance with
Minnesota Statutes Section 115A.931. (Amended Ord. No. 92-707)
��
d) Brush and Tree Waste. It shall be the duty of every owner or occupant of
residential dwelling(s), multiple-family dwelling(s), commercial and
institutional building(s) to separate brush and tree waste from their
mixed municipal solid waste by the rules, regulations and procedures that
are designated by the City. (Added Ord. No. 90-685)
Subd. 3. Ownership of refuse and recvclables.
a) Ownership of refuse and recyclable material set out for collection shall
remain with the person who set out the material until removed by the
authorized collector. Until the refuse and/or recyclable materials are
removed by the authorized collector, the person who set out the material
is totally responsible for their proper preparation, handling and
storage. Ownership and responsibility for the proper handling of the
refuse and recyclable materials shall vest in the authorized collector
upon removal thereof by the collector.
b) Unauthorized Collection of Refuse or Recyclables. It shall be unlawful
for any person who is not authorized by the City to take or collect or
scavenge any refuse materials or recyclable materials set out for
authorized collection programs within the City.
c) Right to Sell Recyclables and Yard Waste. Nothing in this ordinance
� shall abridge the right of any person to give or sell their recyclable
� materials and/or yard waste to any recycling and composting program
lawfully operated for profit, non-profit or charitable purposes.
Hopkins City Code (Rev., 1993) 1325.03
1325.03 Parkin� or stora�e for Repair or Maintenance of Bus, Camver. Truck,
Tractor Semi-Trailer Racing or Junk Cars or other Vehicles on Public and Private
Propertv. 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 exchange 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. "
1325.05 Service and Re�air 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 Imuoundine 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 Vehicles Mav_be
Taken into Custodv and Impounded. 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 theraof 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 Report 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 sha�l be filed in the Police Department.
(Amended Ord. #93-721)
��
City of �fOp�ins
1010 �First Street South •�-1`opkins, 9KN55343-TS73 ��'�ione: 612-935-8474 •�Fiz� 612-935-1834
�
August 24, 1999
Mr. Mahlon Osburn
2717 Louisiana Avenue South
St. Louis Park, MN 55426
Re: Property at 255/257 18th Avenue North
Hopkins, Minnesota
Deaz Mr. Osburn:
The purpose of this letter is to inform you that the condition of the property located at 255/257
18th Avenue North in the City of Hopkins, Hennepin County, constitutes a nuisance pursuant to
the Hopkins City Code.
Hopkins records indicate you are the owner of this property and, therefore, you are being
� provided notice because of your ownership interest.
The conditions which constitute the nuisance encompass the entire property and include the open
storage of automobile parts, parking of a junk vehicle not currently licensed, the open storage of
a trailered personal watercraft, storage of a boat and trailer on the grass, storage of a small
trailered building and the deposit of a significant amount of junk and garbage both on the
property and inside the garage. These conditions violate Hopkins City Code Section 6]5.02,
Subdivision 1, Section 605.03, Subdivision 2, and Section 1325.03.
You are required to correct these conditions and are hereby ordered to take the following actions
no later than September 6,1999:
First, the gray stationwagon parked in the driveway must be currently licensed and registered and "
be functional.
Second, the boat and trailer, personal watercraft and trailered storage building must be removed
or stored inside a permanent structure.
Third, all of the junk and refuse lying in the driveway and on the grass must be removed.
Fourth, the junk and refuse contained in the garage must be cleaned out and inspected by the
. Hopkins City Inspections Department.
,
yl tt rEguat Opporturrity �Employer
' Mr. Mahlon Osburn - 2- August 24,1999 .
� If ou fail to com 1 with this deadline the matter will be immedi tel referred to the Ho kins
Y PY � a Y p
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 questians 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
� c:�filelhopciv\osbum.mah
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