CR 99-168 Nuisance Abatement Hearing: 133 12th Ave S
September 13, 1999
Council Report 99-168
NUISANCE ABATEMENT HEARING: 133 12TH AVENUE SOUTH
Proposed Action
Staff recommends that the Council approve the following motion: Declare that a nuisance does not exist at 133
12th Avenue South.
Approval of this motion acknowledges that the owner of the subject property has abated 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 bring the property into compliance with our codes by writing orders
for cleanup and giving deadlines for completion. Staff reviewed the property on September 14, 1999. The
property owner has cleaned up the property.
Primary Issues to Consider
. What constitutes a nuisance?
. Did a nuisance exist on the property?
. Has the owner been given sufficient time to correct the nuisance?
SUDDortine: Information
. Analysis of the issues.
. Alternatives
. Pictures ofthe Property
~&<;~
Tom Anderson
Chief Building Official
Council Report #99-168
_ Page 2
Analvsis 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. 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. 6. Unsecured unoccupied buildings. Unoccupied buildings or unoccupied portions of
buildings which are unsecured.
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.
In addition, the Property Maintenance Code requires garages be properly surface coated to prevent
deterioration and that fencing be kept in good repair.
. Did a nuisance exist on the property?
Staffhas made numerous visits to the property. During the inspection of July 9, 1999 the following conditions
were observed: Fence posts, chunks of concrete, wire fencing, tires, car doors and other debris and rubbish
scattered throughout the yard, alley and garage area of the property. In addition a storage shed had an
unsecured roof, a shallow pool was not fenced, refrigerators were stored outside as was a gas can, and weeds
in excess often inches were growing on the property.
. Has the owner been given sufficient time to correct the nuisance?
Mr. Dale Wojcik has a history of nuisance complaints. The July 9 inspection led directly to a complaint being
filed with Hennepin County Court. A letter was sent to Mr. Wojcik on August 24 giving him until September
6 to come into compliance. This letter seems to have been very effective. An inspection conducted on
September 14 indicated that the conditions listed above have been corrected.
Alternatives
1. Declare that a Nuisance does not exist.
2. Continue the item if there are other issues to address.
Staff recommends Alternative #1.
.
13312th Avenue North