CR 99-167 Nuisance Abatement Hearing: 255-257 18th Ave N
September 13, 1999
Council Report 99-167
NUISANCE ABATEMENT HEARING: 255-257 18TH AVENUE NORTH
Proposed Action
Staff recommends that the Council approve the following motion: Approve Resolution #99-086. declaring a
nuisance exists at 255-257 18th Avenue North and ordering the nuisance abated and costs assessed as a soecial
assessment.
With approval of this motion staff will begin to proceed with the 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.
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. The deadlines have not been met. A formal complaint
has been filed with Hennepin County Court and is yet unresolved.
The Hopkins City Code, chapter 615, establishes an abatement procedure that allows the city to seek
abatement of nuisance violations and ensures clean up by city action if necessary.
Primary Issues to Consider
. What constitutes a nuisance?
. Does a nuisance exist on the property?
. Has the owner been given sufficient time to correct the nuisance?
. What actions are needed to correct the nuisance?
. What will the abatement cost?
Supportine Information
. Analysis of the issues.
. Alternatives
. Pictures of the Property
. Resolution #99-086
~Ou;~
-Tom Anderson
Chief Building Official
~ouncil Report #99-167
Page 2
Analysis of the Issues
. What constitutes a nuisance?
Section 615.02 defines a nuisance as "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."
Included in the defined nuisances are:
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...
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. 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.
In addition, City Code Section 1325.01, Subd. 6 defines a junk car as: "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." Section 1325.03 prohibits the parking of junk: cars on public or
private property for more than two hours.
Finally Section 630.11 of the Hopkins Zoning Code allows "The storage outside of a building but not on a
parking space which was included to meet the minimum standards of this code, one building for winter ice
fishing or one boat or one trailer or one camper or one mobile home provided none of the above mentioned
items are over 18 feet in length. Said storage shall not be in the front yard."
. Does a nuisance exist on the property?
Staff has made numerous visits to the property. The latest inspection was done on September 15, 1999. The
current conditions include open storage of automobile parts, parking of a junk vehicle not currently licensed,
the open storage of a personal water craft on a trailer, storage of the boat and trailer, storage of a small
building on a trailer, and the deposit of a significant amount of junk and garbage both on the property and
inside the garage.
. Has the owner been given sufficient time to correct the nuisance?
Staff believes ample time has been given to the owner to bring the property into compliance. Notices were
given in May of 1999 to Mr. Mahlon Osburn, the owner, as well as to Mark Timothy Osburn and Bonnie
Lavonne Osburn who currently reside in the duplex. Formal complaints against all three parties have been
filed with Hennepin County Court. Finally, another letter was sent to the owner on August 24 giving him until
September 6 to come into compliance.
.Council Report #99-167
Page 3
. What actions are needed to correct the nuisance?
1. A gray station wagon parked in the driveway must be currently licensed and registered and be functional.
2. Two of the following items must be removed or stored inside a permanent structure: the boat and trailer,
the personal watercraft, and the storage building on the trailer.
3. All of the junk and refuse lying on the driveway and on the grass must be removed.
4. The junk and refuse contained in the garage must be cleaned out and inspected by the Hopkins Inspections'
Department.
. What will the abatement cost?
Staff has not done a detailed estimate but the total cost should be under $500.
Alternatives
1. Approve Resolution #99-086 and direct staff to abate the nuisance.
2. Approve Resolution #99-086 but give the owner more time to comply.
3. Declare that a Nuisance does not exist.
Staff recommends Alternative #1.
.
255-257 18th Avenue North
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 99-086
RESOLUTION MAKING FINDINGS OF FACT DECLARING A NUISANCE AT 255-257
18TH AVE. N., ORDERING THE NUISANCE TO BE ABATED AND ASSESSING THE
COSTS OF THE ABATEMENT AGAINST THE PROPERTY
WHEREAS, the property located at 255-257 18th Avenue North (the "Property") is
owned by Mr. Mahlon Osburn, and
WHEREAS, on May 19, 1999 the Hopkins City Inspection Staff inspected the Property,
and
WHEREAS, this inspection revealed the open storage of automobile parts, parking of a
junk vehicle not currently licensed, the open storage of a personal watercraft on
a trailer, storage of the boat and trailer, storage of a small building on a trailer,
and the deposit of a significant amount of junk and garbage both on the property
and inside the garage, and
WHEREAS, on July 9. 1999 a criminal complaint was filed against Mr. Mahlon Osburn
alleging violations of the Hopkins City Code due to the condition of the Property,
and
WHEREAS, on August 24, 1999, formal orders were sent to Mr. Mahlon Osburn
pursuant to Hopkins City Code Section 615.11 requiring that the Property be
brought into compliance with the City Code no later than September 6, 1999,
and
WHEREAS, on September, the Hopkins City Inspection Department reviewed the
Property and determined that it did not comply with the City Code, and
WHEREAS, a public hearing was held September 21, 1999, pursuant to Hopkins City
Code Sectin 615.11, Subd. 5.
NOW THEREFORE BE IT RESOLVED that the condition of the Prqperty located at
255-257 18th Avenue North, 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 vehicle, personal watercraft on a trailer, the boat and
trailer, the small building on a trailer, the automobile parts, the junk and garbage,
and to assess the costs of the cleanup to the Property.
Adopted by the City Council of the City of Hopkins this 21st day of September 1999.
By
Charles D. Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk