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MEETING DATE: March 19, 2009
Council Agenda Item 7
AGENDA ITEM: Noise Violation, 701 College Avenue South, Ryan Howe
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A
PREVIOUS COUNCIL ACTION: The past violation records have been reviewed and this property
does not have any reported noise violations.
BACKGROUND INFORMATION: The City Council has established a policy whereby all noise violations
regarding rental properties are reviewed by the City Council. The process before the Council is twofold.
First, the Council must determine if a noise violation did occur. It is up to the property owner to request
an evidentiary hearing if they dispute the aNegation. The evidentiary hearing is a very formal process
where each side is represented by an attorney and the hearing is conducted in a court setting with the
Council being the judge. In this case the City would hire a court reporter to document the proceedings.
At the end of the hearing the Council would then make a finding. Very seldom has an evidentiary
hearing been requested, as is the case with this violation.
Once the Council made a determination that a violation did occur, the Council must then consider the
disposition. The maximum fine allowed by Statute is $ 1,000. Previously the Council has based the fine
on the severity of the violation and the cooperation of the tenants. The minimum fine has been $
250.00 which covers the administrative costs of the violation.
The action the Council is dealing with is the Rental License and the landlord. Even though the tenants
are responsible for the actions, the City holds the landlord accountable. In separate action the Police
can issue citations to the individuals.
In talking to Chief Jansky it was noted that this is the second incident where the police have been called
to the same apartment. The first incident was not forwarded to Administration for processing, it was an
oversight on the Police Department. The first incident occurred on February 21, 2009 where 6 minors
were cited. The tenant was not at the apartment at this time, his friends were staying at his apartment.
The second event occurred on March 4, 2009 and this time the tenant was present. The apartment is
equipped with a DJ setup complete with a mixing board, 4 speakers and a 3000 watt subwoofer. One
minor was cited and some drug paraphernalia was seized.
Both the Police Chief and Administrator talked to the property owner about the violation. The Police
Chief has indicated that the tenant will receive a ticket for the noise violation and they are
contemplating charging disorderly house. Any action cited to the tenant is separate than that
considered by the Council.
The property owner is not disputing the noise violation and has not requested an evidentiary hearing.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Hearing Notice, Police Reports
REQUESTED COUNCIL ACTION: As stated earlier, two separate motions are required. First the Council
must determine that a violation did occur and then the disposition must be considered.
~ CITY OF ST. OSFPH
1
v;~•a~W.cityof stjoseph.com
Administrator
Judy ~U'eyrens
d/J
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e7
Ryan Howe
110 Division Street
Waite Park MN 56387
V1A Email ryanhowe(c~edinarealty.com
and Postal Mail
Mayor
AI Rassier
Councilors
Steve Frank
Bob Loso
Renee Symaniet2
Dale Wick
RE: 701 College Avenue South
Dear Ryan:
This letter has been prepared to provide you with notice and information regarding a
proposed suspension or revocation of the rental license for the above referenced
property. This action is being taken because of an alleged violation of Ordinance
No. 102 of the St. Joseph Code of Ordinances. This violation is alleged to have
arisen out of an incident on March 4, 2009 (copy enclosed).
The St. Joseph City Council will review these allegations and consider appropriate
action, including a suspension or revocation of your rental license, for up to a period
of twelve months. The meeting will be conducted on Thursday, March 19, 2009 at
7:15 p.m. in the St. Joseph City Hall, 25 College Avenue North.
At that time you are entitled to a hearing to be conducted in accordance with
Minnesota Statutes 14.57 to 14.70. This hearing will be for the purpose of
determining whether or not the alleged violation did in fact occur. At that hearing,
you have the right to cross-examine witnesses and present evidence on your
behalf. The proceedings will be video recorded. Based upon the evidence
presented, the Council will then make a determination as to whether or not the
alleged violation did in fact occur.
If you wish to have an evidentiary hearing of this type, you must contact the City
Administrator in writing at least five days prior to the scheduled Council meeting. If
a request for hearing is not received by the Administrator at least five days before
the hearing, you will then be considered to have waived your right to have an
evidentiary hearing and no evidentiary hearing will be scheduled. A waiver of this
right to hearing will be equivalent to an admission of the basic allegation (s) alleged
herein and reported by the complaining party.
If you waive your right to hearing, or if an evidentiary hearing is conducted and the
Council determines that a violation did occur, then and in those events, the Council
will proceed immediately to consider a disposition, which may include
zS College Avenue North PO Box bba Saint Joseph, Minnesota Sb374
Phone 3zo.363.~zoi Fax --yzo,;63.o34z
Ryan Howe
March 6, 2009
Page 2
revocation or suspension of your rental license. Prior to the determination of disposition, you or
your designated representative may address the City Council and at the time of disposition.
In the event of a revocation or suspension of your rental license, the premises must be vacated
of aH renters, within thirty days of the Council action. Any rental occupancy occurring after that
time may result in criminal charges.
You have the right to be represented at the time of this meeting during either the evidentiary
hearing, if requested, or the dispositional hearing. If you wish to have legal representation, you
must hire your own attorney. If you have any questions regarding the faw or your rights, I
suggest that you contact an attorney to discuss this matter.
Your failure to appear at this meeting will be considered an admission of the allegation and a
waiver of your right to address the Council before the determination of a disposition. If you fail
to appear, the Council will take whatever action is deemed appropriate and you will be notified
of this action at a later time.
For specific information regarding the incident please contact the Police Chief, Pete Jansky, at
320-363-720. If you have questions about the process or rental provisions please contact me
at 320-363-7201.
Sincerely, ~.,----~
Weyrens
Ad inistrator
cc: Tom Jovanavich, City Attorney
Mayor and Members of the City Council
Police Chief Pete Jansky
Incident Report
Officer Assigned: Badge Number; How Recd: Supervisor ApprovaU
Wll ~l ~llll Johnson 7707 Radio
* m 9 8 0 0 3 3 6 * Reported By: ^ See Complainant Squad: In Squad video:
Refused 704 ®Yes p No
TYPE OF OFFENSES -INCIDENT CLASSIFICATION
1. 2. 3
Noise Violation
Level of Offense: Level of Offense: Level of Offense:
^ P. Misd. ®Misd. ^ G. Misd. ^ Felony ^ P. Misd. ^Misd. ^ G. Misd. ^ Felony ^ P. Misd. ^Misd. ^ G. Misd. ^ Felony
location of Incident: Date Incident Occurred: Day of Week Incident Occurred:
701 South College Avenue #30 03/04/2009 Wednesday
Date Reported: Time Reported: Time Assigned: Time Arrived: Time Cleared:
03/04/2009 2252 2252 2300 0030
ASSISTING OFFICERS
Assisting Officer(s):
7702, 7703
PARTICIPANT #1 ^ COMP ^ VICTIM ®SUSPECT ^ WITNESS ^ MENTIONED ^ JUVENILE ®M ^ F
Name (Last, First, Middle) Date of Birth: Race: D/L #: State:
Coonradt, Joshua Jordan 10/20/1985 CAC B992099447320 MN
Street Address: Gty, State, ZIP: Phone:
701 South College Avenue #30 St Joseph, MN 56374
To Jail: Citation Issued: Gtation #: Eyes: Hgt: Wgt:
^ Yes ®No ®Yes ^ No AD 1420 Blue 600 145
PARTICIPANT #2 ^ COMP ^ VICTIM ^ SUSPECT ^ WITNESS ^ MENTIONED ^ JUVENILE ^M ^ F
Name (Last, Frst, Middle) Date of Birth: Race: D/L #: State:
eet Address: City, State, ZIP: Phone:
To Jail: Citation Issued: Citation #: Eyes: Hgt: Wgt;
^ Yes ^ No ^Yes ^ No
VEHICLE #1
License Plate Number: State of License Plate: Year. Make: Model:
Color of Vehide: Towed By: Vin #:
VEHICLE #2
License Plate Number: State of License Plate: Year: Make: Model:
Color of Vehicle: Towed By: Vin #;
NARRATIVE (Make sure to include any. property)
Received a complaint of loud music coming from the above address. Arrived and heard music playing
from within the apartment. Went to the door and spoke to renter, Coonradt. Coonradt stated that he
didn't realise the music was that loud and would turn it down. I advised Coonradt that I could hear it
from the neighbors door and also reminded him that this was the third time we had been here in the
past 2 weeks for the same problem. Administrative citation issued. 1 underage consumption was
issued from this apartment. See related ICR#09800337, 09800264, and 09800274. Also see report
and nhntnnranhc in racy files fnr nrirlitinn~l