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CR 91-171 Emergency Abatement Appeal Hearing0 July 31, 1991 Proposed Action. S Y O G � ti CO O p K E N I Council Report No. 91 -171 EMERGENCY ABATEMENT APPEAL HEARING Staff recommends that the Council approve the following motion: Adopt a resolution No 91-104 assessing the costs associated with abating a nuisance at 702 7th Ave on June 28 1991 The costs incurred by the City Of Hopkins in abating the nuisance at 702 7th ST. S. were $98.00 and the assessment against the property is pursuant to the emergency abatement procedure set forth in the Hopkins City code section 615. overview On June 28, 1991, inspection personnel found an abandoned, unsecured dwelling at 702 7th Ave. S. 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 requesting a public hearing. $98.00 was incurred by the City of Hopkins for labor and materials to secure the dwelling and abate the Nuisance. Primary Issues to Consider, • Did the condition of the property constitute a nuisance • Was an emergency abatement necessary and appropriate • Was the assessed costs reasonable • Alternatives Supportinci Information • Detailed history of the property • Hopkins Sailor article July 31st • Administrative Order • Letter to Mr. Smithrud • Letter to Pat Graham o Draft esolution with findings of fact T on omas An rs de City Building Official CR 91 -171 Page 2 Primary Issues to Consider. o Did the condition of the property constitute a nuisance? The property has been vacant for over three years, as evidenced by an inspection under an administrative search warrant on June 7th 1991 and research of utility records. In a routine drive by of the property it was noted by inspection personal that a door and kitchen window were wide open and screens slashed. These conditions meet the definition of abandoned building and constitute a nuisance under city code section 615.01 subd.l Abandon Buildings. o Was an emergency abatement necessary and appropriate? 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, both written and by phone, to reach the owner and resolve the complaints. Because of the owners unwillingness to respond to our attempts to communicate it became necessary to request a search warrant from the court to force entry. An administrative search warrant was obtained from district court and a subsequent inspection was made. A non - emergency abatement procedure is currently underway based on the inspection results. On a routine drive by of the property on June 28th it was noticed that the doors to the dwelling were opened. Upon investigation there was evidence that persons unknown had broken in and were living in the dwelling. Both upstairs bedrooms were being used°and there was evidence of 3 -4 people sleeping in them. Food, alcohol,candles and debris was scattered around and there was evidence that candles on cardboard bases were being used for light. The biggest concern was a possible fire that could damage the dwelling or possibly spread to the neighboring homes. The condition was discovered between 9 -10 a.m. on Friday morning June 28th. An attempt was made to reach Mr. Smithrud at 11:00 a.m. His answering machine was turned on, a message was left and there was no immediate response. Because of the lack of response by Mr. Smithrud in the past and because of the potential for fire, and other CR 91 -171 Page 3 health /safety concerns the inspection department requested an emergency abatement authorization from the acting City Manager, as permitted in the City nuisance abatement ordinance. This authorization allowed city forces to secure the structure before the weekend and the associated costs could be assessed against the property by Council action. o Was the assessed costs reasonable? The costs to,be assessed are one hour labor for public works personal to collect materials and board the property. Two sheets of used plywood,and three hours of inspection department personal time. The cost breakdown is as follows: One hour Public works time $27.00 salary & fringes Plywood and fasteners $8.00 Three hours inspection personal time $61.00 salary & fringes The hourly rates are consistent with established City policies. o Alternatives 1. Approve the staff's recommendation 2. Determine the assessment amount should be reduced or eliminated. 3. Continue for further information. HISTORY• The history of the City involvement with the property owned by Mr. LeRoy Smithrud, 702 7th Ave. S. Hopkins, MN 55343 PID: 25- 117 -22 -42 -0045 City involvement with this property and owner goes back to November of 1986.It started with a complaint from a tenant who was renting the property from Mr. Smithrud. Inspection staff did a routine inspection and found 27 violations of the Housing Code. Corrective notices were subsequently sent to Mr. Smithrud by regular mail giving him 90 days to make the necessary corrections. The city received no response from Mr. Smithrud. In March of 1987, phone calls were made to Mr. Smithrud and messages were left with his wife informing her of the situation at 702 7th Ave. S. There was no response from Mr. Smithrud so in April a certified letter-was sent to Mr. Smithrud, and it was returned unclaimed. In May the City Attorney started work on the complaint, letters were sent to the tenants and the house was vacated and posted no occupancy. A formal complaint was filed in District court against Mr. Smithrud. In June there was a preliminary conference between the City Attorney, Mr. Smithrud's attorney, the inspection department and Mr. Smithrud to try to work out a solution. In September of 1987, a re- inspection was done with the owner and there was some minor compliance, however the necessary building permits were not requested or granted for the work that had been done. The City Attorney prepared an addendum to the original inspection order and sent it to Mr. Smithrud detailing the remaining work to be completed. There was no response from Mr. Smithrud. Legal action was pursued against Mr. Smithrud in September. In October of 1987, a permit was granted to Stodola Well Drilling Co. to grout an abandoned water well on the property. This was the only permit requested for the work yet to be accomplished. The proceedings were continued against Mr. Smithrud and at the end of 1987, 9 misdemeanor complaints were filed,for maintaining a sub- standard building. A plea bargain agreement was reached with the City requiring the house to remain vacant until the corrections were completed. Minor work has been done to the inside of the dwelling but none of the exterior -.work has been completed. The house is still vacant and in disrepair. Research by city staff indicates there has been no gas, electricity, or water to the dwelling for more than 3 years. The taxes are current. Inspections staff received a complaint from Park Valley Assn. regarding the general malaise of the property in March of this year. A letter was sent by regular mail and numerous calls were made to Mr. Smithruds residence and several messages were left on his answering machine. The department was unable contact him directly. In April, city staff continued to call the Smithrud residence and did on one occasion speak with his wife. We outlined our concerns and requested that he call so that we could discuss these concerns and arrange an inspection. We received no response from Mr. Smithrud. In May of 1991, Mr. Smithrud finally called City Hall but did not speak to any inspections personnel. He called 3 times leaving messages. Return calls were made but each time his answering machine was encountered. One time his call was returned within a minute, his machine was on and he did not call back. The City Attorney in May of this year was contacted and at his advice an administrative search warrant was requested and obtained from district court for the purpose of conducting an inspection. Also in May, we did receive a letter from Mr. Smithrud stating he would be making some improvements to the property that would make everybody happy. The letter was vague and did not adequately address the City's concerns. Mr. Smithrud could not be contacted to clarify. On June 7, 1991 an inspection was done under the authority of the administrative search warrant. The inspection revealed very little had changed in the dwelling. Wallpaper had been removed but none of the major, structural, plumbing or exterior problems had been resolved. Following the execution of the search warrant and in the routine monitoring of the property city inspectors noted that the garage had been cleaned up. It was painted and the windows re- boarded. Neighbors at that time informed inspection personal that Mr. Smithrud had not been maintaining the property and that neighbors have been cutting the grass in exchange for using the garage for storage. A neighbor indicated that Mr. Smithrud is seen at the property about once a year and that he has had no direct involvement in taking care of the property. On a routine drive by of the property on June 28th it was noticed that the doors to the dwelling were opened. Upon investigation there was evidence that persons unknown had broken in and were living in the dwelling. Both upstairs bedrooms were being used and there was evidence of 3 -4 people sleeping in them. Food, alcohol,candles and debris was scattered around and there was evidence that candles were being used for light. The biggest concern was a possible fire that could damage the dwelling or possibly spread to the neighboring homes. The condition was discovered between 9 -10 a.m. on Friday morning the 28th. An attempt was made to reach Mr. Smithrud at 11:00 a.m. His answering machine was turned on, a- message was left and there was no immediate response. Because of the lack of response encountered in the past from Mr. Smithrud and because of the potential for fire, the • inspection department requested an emergency abatement authorization from the acting City Manager, as permitted in the City nuisance abatement ordinance. This authorization would allow city forces to secure the structure before the weekend and the associated costs could be assessed against the property. At 2:15 p.m. on the 28th, after the emergency order was granted and public works personal were requested to board the property, Mr. Smithrud's attorney called to inquire about the situation. Mr. Smithruds attorney called back at 2:30 p.m. and stated he had contacted Mr. Smithrud and Mr. Smithrud would prefer to board the building himself. The inspection personal immediately contacted public works in attempt to stop the boarding but found that they were just finishing the job.(Public works personnel leave at 3:30 P.M. and Raspberry Festival was scheduled that weekend.) Inspection department personal called Mr. Smithrud's attorney and informed him that the property had already been secured and gave him an approximate cost. A follow up letter and a notice was sent the same day to Mr. Smithrud and it included a statement on his right to appeal any assessment. Mr. Smithrud has appealed the $98.00 assessment and a public hearing has been scheduled by the City Council for August 6th at 7 :30 P.M. Hopkips burglary involves vaunt house, BY been Harvala Hopkins police detectives have unraveled a puzzle that in- volves runaways from a treat- ment facility in Minnetonka, a vacant house in Hopkins, and a Hopkins burglary. Not all of the pieces have been sorted out, but to date, the case involves three juvenile runaways from Omegon — an extended, residential chemical - abuse treatment facility for adolescents — 2000 Hopkins Crossroads in Minnetonka, and at least two juveniles from Hopkins. It also involves a vacant house at 702 7th Ave. S., where the Omegon runaways were stay- ing, and a Hopkins burglary reported to police June 25, also at a house on 7th Avenue South. The juveniles from Omegon are a 13- year -old female — ar- rested by Hopkins police and returned to the Omegon Treat- ment Center June 25 — and two 15- year -old males. Only the 15- year -old males are bel ieved to have been act ually involved in the June 25 burglary on 7th Avenue South, along with two Hopkins juvenile males, ages 14 and 16. The 7th Avenue South burglary occurred around 4 a.m. June 25. Entry to the residence was gained by break- ing a window in the back door. Taken in the burglary was a Winchester .22 caliber rifle, numerous collector coin sets, a pocket watch, a stiletto knife, a switchblade, a folding knife, a buck knife, and several bottles of liquor. City takes action to barricade vacant house The city of Hopkins has taken action to prevent peo- ple from living in the vacant house at 702 7th Ave. S. On June 28, Hopkins building inspectors found that the then- unsecured vacant house was being used as a shelter by several people, who were sleeping, lighting fires, and defecating in the dwelling. At the end of March 1991, the city's inspections depart- ment received a complaint regarding the home, said Jim Genellie, assistant city manager in a memo to the Hopkins City Council. "The building appeared to be in disrepair and abandoned," he wrote. Research of city files in- dicate that complaints and in- spections on the house date back to 1986, and concluded in court appearances by the owner — LeRoy Smithrud of Crystal — in 1988. The court action resulted in ordering the building vacated until repairs were done. The building has been vacant "In attempting to resolve the March complaint, city in- spection 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 pro- cedure is currently under way based on [those] inspec- tion results," Genellie wrote. However, a drive -by in- spection of the house Friday, June 28, revealed that the building was unsecured. Genellie said the inspection department attempted to contact Smithrud, and a message was left on his recorder saying that the building was unsecured, pos- ed an immediate nuisance, and must be secured. Genellie said Smithrud's attorney contacted the city at about 2 p.m. and was told that city officials had obtained an administrative emergency- abatement order and city workers were going to board -up the property. Anderson said an emergency - abatement order can be issued when there are violations of the city's building code that could en- danger the occupants of a building or the neighbors. The order gives the city the authority to "abate the nuisance," he said. Both Anderson and Genellie said that because previous attempts to contact Smithrud were unsuccessful, because of the nature of the hazard found, and because June 28 was a Friday, the Hopkins Public Works Department was told to secure the building. When Smithrud's attorney contacted the city at 2:30 p.m., the house had already been boarded up. The at- torney was told that the cost for the labor and materials — about $100 — would be assess- ed to Smithrud. Smithrud has appealed the action and assessment, and a public hearing before the City Council is scheduled for Tues- day. Aug. 6 runaways After learning of the . three Omegon juveniles' possible in- volvement in the Hopkins burglaries, Detectives Gordy Klingbeil and Jerry Ophoven in- terviewed them July 23 — the same day they executed search warrants at the 702 7th Ave. S. house and two other residences in Hopkins. The detectives learned from one of the 15- year -old males that he, along with the other juveniles, had shoplifted numerous food items and had broken into some vehicles to steal change and cassette tapes. He also admitted that they had stolen three chaise lounges from the Westbrooke swimming pool. The other 15- year -old told of- ficers that he had broken the window on the 7th Avenue South house and entered it along with the other male runaway from Omegon. He said they took numerous bottles of alcohol and coins from the house. The 14- year -old Hopkins boy is believed to have entered the home again later with one of the 15- year -olds from Omegon. Through the search warrants, Hopkins police , found a Panasonic "walkman," cassette tapes, a video football game, three chairs, a flashlight, jewelry, a watch, and empty li- quor bottles. Finance advisors to look at Westbrooke The city of Hopkins and Westbrooke neighborhood associations have hired Springsted, a public- finance advisory firm, to conduct a rehabilitation financing analysis of the Westbrooke neighborhood. The study will include identifying, explaining and ranking the financing tools available to correct code, structural and aesthetic deficiencies in the Westbrooke condominium and patio-home development, according to Kersten Elverum, Hopkins' housing coordinator. In her July 9 memo to the Hopkins City Council, Elverum ex- plained that the Westbrooke condominium and patio home neighborhood was built in the early 1970s and its 1,296 units repre- sent about 16 percent of the city's housing stock. "Many of the buildings are in need of rehabilitation and up- dating in order to stabilize their value," she wrote. Market values in Westbrooke have decreased substantially over the past few years- Elverum wrote that Springsted will identify all possible financ- ing _ alternatives for the rehabilitation of both interior and ex- terior, private and public areas of the Westbrooke complex. It will also evaluate and rank the alternatives. Springsted's bid for completing the study will not exceed $7,200. The city of Hopkins will pay 25 percent of the cost, about $1,800, out of its Economic Development Pund. Sr)rinasted'.s shuiv ic Pvno fn A +n hn 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. n. ueneiiie City Manger • C I T Y O F H O P K I N S June 28, 1991 Mr. LeRoy Smithrud 3317 Hampshire Ave. N Crystal, MN 55429 Dear Mr. Smithrud: 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 Hopkins and under the authority of the City Manager, or the person authorized 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 notifying You of the costs as soon as we are aware of them. If you request it 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 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 LEROY SMITHRUD 3317 HAMPSHIRE AVE. NO. CRYSTAL MINN 55427 al RESOLUTION NO. 91- 104 RESOLUTION ASSESSING ABATEMENT COSTS AGAINST NUISANCE PROPERTY J WHEREAS, an inspection was conducted on June 28, 1991, by Hopkins Building Inspector Patric Graham at 702 Seventh Avenue South in the City of Hopkins, PID No. 25 117 22 42 0045; and WHEREAS, as a result of the inspection, Inspector Graham found the property to constitute a nuisance - abandoned building as defined by Hopkins City Code Section 615.01, Subd. 1; and WHEREAS, on June 28, 1991, Inspector Graham spoke with the attorney for Mr. Leroy Smithrud, the owner of 702 Seventh Avenue South, and advised him of the problem with the property; and WHEREAS, Assistant City Manager James Genellie by Administrative Order authorized the abatement of the nuisance at 702 Seventh Avenue South pursuant to the emergency abatement procedure set forth in Hopkins City Code 615.12; and WHEREAS, the City of Hopkins abated the nuisance at 702 Seventh Avenue South on June 28, 1991; and WHEREAS, the City, in abating the nuisance, incurred costs in the amount of $98.00; and WHEREAS, on June 28, 1991, Inspector Graham by letter notified Mr. Leroy Smithrud, owner of the property, of the nuisance; and WHEREAS, by letter dated July 6, 1991, Mr. Leroy Smithrud appealed the emergency abatement at 702 Seventh Avenue South; and WHEREAS, a hearing was held August 6, 1991, and evidence was taken on behalf of the City of Hopkins and Mr. Smithrud regarding abatement of the emergency hazard. NOW, THEREFORE, be it resolved by the City Council of the City of Hopkins: That the City Council finds the condition of the subject property to constitute a nuisance - abandoned building as defined by Hopkins City Code Section 615.01, Subd. 1; and That the City Council finds that an emergency abatement was necessary and appropriate and that the costs incurred were reasonable and should be assessed against the subject property; and • That the sum of $98.00 shall be assessed as a special assessment against the property at 702 Seventh Avenue South in the City of Hopkins, PID No. 25 117 22 42 0045, and that the entire special assessment shall be payable one lump sum. Above listed resolution was moved by , Member and duly seconded by , Member Members voting in favor of said resolution were , Members voting in opposition to said resolution were , • • -2-