CR 91-151 Schedule Appeal Hearing1 Y O
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O P K \ r 1
July 11, 1991
Council Report # 91 -151 ,
SCHEDULE APPEAL HEARING
Proposed Action.
Staff recommends that the Council approve the following motion:
Schedule a hearing on August 6, 1991 at 7:30 p.m. to review an
emergency abatement Performed on June 28 1991 at 702 7th Ave .S
This action is requested by Leroy Smithrud in accordance with his
right to appeal the action and assessment of costs established by the
Nuisance Abatement Ordinance 89 -655, City Code section 615.
Overview
On June 28, 1991, inspection personnel found an unsecured abandoned
home being used as shelter for several unknown persons. An inspection
revealed the persons apparently were sleeping, lighting fires, and
defecating in the abandoned dwelling. This constitutes a health and
fire hazard to the dwelling and surrounding neighborhood.
City Code Section 615 "Nuisance Abatement" provides for emergency
,procedures of abatement by city personnel and assessment of costs in
the event an immediate hazard is found.
The Emergency Abatement Procedure was followed and Mr. Smithrud has
filed an appeal for a public hearing.
Primary Issues to Consider.
o Did inspection personnel follow appropriate procedure?
Supporting Information
• Letter to Mr. Smithrud
• Letter to Pat Graham
• Administrative Order
s A. Genellie
ty Clerk
z
CR 91 -151
Page 2
Primary Issues to Consider.
o Did inspections personnel follow appropriate procedure?
At the end of March, 1991, the Inspections Department received a
complaint regarding the home at 702 7th Ave. S. The building appeared
to be in disrepair and abandoned. The complainant requested the City
require some corrective action.
Research of the files indicated complaints and inspections dated back
to 1986, and concluded in court appearances by the owner in 1988. The
court action resulted in ordering the building vacated until repairs
were done. The building has been vacant since. In attempting to
resolve the March complaint, inspection personnel have made numerous
unsuccessful attempts to reach the owner. An administrative search
warrant was'obtained from the court and a subsequent inspection was
made. A non - emergency abatement procedure is currently underway based
on the inspection results.
In the continued monitoring of the home, on June 28, 1991 a drive by
inspection revealed an unsecured building. We attempted to contact Mr.
Smithrud again by telephone at 11:00 a.m. on June 28, 1991. A message
was left on his recorder that the building was unsecured and posing an
immediate nuisance, and that the building must be secured. At 2:00
p.m. on the same day, Mr. Smithrud's attorney called Pat Graham and
asked what problems we had with the building. The attorney did not
know what Mr. Smithrud's intentions were. We told the attorney what
was found and that we had obtained an Administrative Emergency
Abatement Order and that we were going to board the property to secure
it. Mr. Smithrud's attorney stated he would check with Mr. Smithrud to
see if he would prefer to secure the building himself. Because
previous attempts to contact Mr. Smithrud had been unsuccessful, and
because of the nature of the hazard found, and because June 28th was a
Friday, we had arranged for public works to secure the property. We
told Mr. Smithrud's attorney we would try to stop the boarding
procedure if we could.
Mr. Smithrud's attorney called back at 2:30 p.m. to say that Mr.
Smithrud would like to board the property himself. We had contacted
public works and found the building had already been secured. We told
Mr. Smithrud's attorney that the cost would be roughly one hour for a
public work's person, 2 pieces of plywood and some additional
administrative costs.
Mr. Smithrud has now appealed the decision to board the property under
the emergency procedure and we assume the assessment.
C I T Y
June 28, 1991
Mr.'LeRoy Smithrud
3317 Hampshire Ave. N
Crystal, MN 55429
Dear Mr. Smithrud:
O F H O P K I N S
A recent inspection of your property at 702 7th Ave. S, Hopkins, MN,
under the authority of the administrative search warrant granted by
the court reveals persons living in the dwelling at 702 7th causing a
nuisance to exist on the property. This nuisance in my determination
places an immediate danger or hazard upon the person living adjacent
to that property.
Under the emergency abatement procedure granted by 89 -655 City of
a opkins and under the authority of the City Manager, or the person
uthorized to act on is behalf, we have determined that this nuisance
shall be abated and the cost to be assessed against -the property .
This hazard was found today,by myself 6- 28 -91: The abatement will
consist of the City or other appropriate persons boarding the house to
prevent further potential fires and other hazards and unhealthy
situations from occurring in the City of Hopkins. We will be notif in
YOU of the costs as soon as we are aware of them. If you re t
g
with the City Clerk within 10.days of the date of this notice, you can
schedule a hearing with the City Council to review the actions taken
on this date.
Sincerely,
Patric Graham
Building Inspector /Housing Inspector
1010 First Street South, Hopkins, Minnesota 55343 612/935 -8474
An Equal Opportunity Employer
ADMINISTRATIVE ORDER
Ordinance #89 -655 Emergency Abatement Procedure 615.12
Under the authority of the City Manager, or the official authorized to
act on his behalf, an immediate danger or hazard has been found at 702
7th Ave. S. and the abatement of that danger shall include boarding at
the property by city employees on this date, 6- 28 -91.
City Manger
0
JULY 6,1991
CITY CLERK
CITY OF HOPKINS
1010 FIRST ST. SO.
HOPKINS MINN 55343
CITY CLERK:
I AM FORMALLY REQUESTING AN APPEAL IN REGARDS TO THE LETTER
RECEIVED FROM MR. PAT GRAHAM, CITY INSPECTOR FOR 702 -7TH
AVE. SO.,HOPKINS, DATED JUNE 28, 1991..THIS LETTER WAS NOT
RECEIVED BY ME UNTIL JULY 6, 1991.
SINCERELY YOURS
,�A7f az' e " � ��-
LEROY SMITHRUD
3317 HAMPSHIRE AVE. NO.
CRYSTAL MINN 55427