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HomeMy WebLinkAbout[05] Noise Violation - 709 College Avenue Scm OF NT. J()SLPH MEETING DATE: January 21, 2010 Council Agenda Item 5 AGENDA ITEM: Noise Violation, 709 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 has one reported noise violation from March 4, 2009, however, it was a different building /apartment. The City Council imposed a fine of $ 250.00. 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 allegation. 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. Both the Police Chief and Administrator talked to the property owner about the violation. The property owner is not requesting an evidentiary hearing and has already evicted the tenant that caused the disturbance. Any action cited to the tenant is separate than that considered by the Council. BUDGET /FISCAL IMPACT: ATTACHMENTS: Hearing Notice, Police Reports, Extract of Minutes — Prior violation 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. JOSEPH www, cityof stjoseph.com January 6, 2010 Ryan Howe J & R Properties Administrator 110 Division Street Judy Weyrens Waite Park MN 56387 RE: Alleged Noise Violation - 709 College Avenue S, Apt. 6 Mayor Al Rcssier Dear Ryan: Councilors This letter has been prepared to provide you with notice and information regarding a Steve Frank proposed suspension or revocation of the rental license for the above referenced Bob Loco 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 Renee Symanierz arisen out of an incident on January 1, 2010 (copy enclosed) . Dale Wick 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, January 21, 2010 at 7:00 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 City Clerk/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 is College Avenue North • PO Box 668 • Saint Joseph, Minnesota 66374 Phone 3zo.363.7201 Fax 3zo.363,0342 Ryan Howe January 6, 2010 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 all 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, N 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 law 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. The City also has concern regarding your application for a rental license. The license process required submittal of a tenant list. In reviewing the information you submitted, none of the tenants identified by the Police Department as tenants were contained on your list. Please provide an explanation of how this occurred. If you have any questions or need additional information please feel free to contact me at 320.363.7201. Sincerely, d � Jud W rens ministrator cc: Tom Jovanovich, City Attorney Mayor and Members of the City Council Police Chief Pete Jansky Incident Report 1111111111 IN 1111111111 IN IN 111111111 * 1 0 8 0 0 0 0 2 * -7 Officer Assigned: Janssen Badge Number: 7704 How Recd: Radio Supervisor pproval: p Reported By: See Complainant Refused Squad: 1704 In Squad Video: S Yes ❑ No Photos Taken: ❑ Yes ® No TYPE OF OFFENSE (S) — INCIDENT CLASSIFICATION 1. Loud Music 2. Disorderly Conduct 3. Level of Offense: ❑ P. Misd. S Misd. ❑ G. Misd. ❑ Felony Level of Offense: ❑ P. Mlsd. S Misd. ❑ G. Misd. ❑ Felony Level of Offense: ❑ P. Mlsd. ❑ Misd. ❑ G. MW. ❑ Felony Location of Incident: 709 South College Avenue, #6 Date Incident Occurred: January 1, 2010 Day of Week Incident occurred: Friday Date Reported: 01 -01 -2010 Time Reported: 10122 10122 Time Assigned: Time Arrived: f 0124 Time Cleared: 10300 ASSISTING OFFICER(S): Assisting Officer(s): Officer M. Johnson 7707, R.O. K. Haugen PARTICIPANT #1 ❑ COMP ❑ VICTIM S SUSPECT ❑ WITNESS ❑ MENTIONED ❑ JUVENILE SM ❑ F Name (Last, First, Middle) Sterzinger, Jeremy Ross Date of Birth: I Race: 07 -31 -1987 White I D/L #: K- 951- 170 -254 -715 State: MN Street Address: 709 South College Avenue City, State, ZIP: St. Joseph, MN 56374 Phone: To Jail: Yes ❑ No I Citation Issued: ® Yes [I No Citation ST523632 Blue Hgt: 6 -01 7170 Wgt: PARTICIPANT #2 ❑ COMP ❑ VICTIM S SUSPECT ❑ WITNESS ❑ MENTIONED ❑ JUVENILE ❑M S F Name (Last, First, Middle) Borgen, Rachel Ann Date of Birth: Race: 12 -20 -1989 White D/L #: S- 009 -199- 263 -109 State: MN Street Address: 709 South College Avenue, #5 City, state, ZIP: St. Joseph, MN 56374 Phone: To Jail: ❑ Yes ON01 Cltatlon Issued: S Yes ❑ No Citation #: AD1648 Eyes: I Blue Hgt: 15-05 1230 Yvgt: VEHICLE #1 License Plate Number: State of License Plate: Year. Make: Model: Color of Vehicle: 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) Responded to the above address in reference to a loud music complaint. Arrived could hear the music playing from outside the apartment building. Contacted the tenants of the apartment and advised them of the noise violation. Sterzinger was arrested for disorderly conduct and noise violation and transported to 'ail. Bor en was issued administrative citation for noise violation. SEE REPORT. ST. JOSEPH POLICE DEPARTMENT Follow -Up Report ICR NUMBER: 10800002 OFFENSE /INCIDENT: Disorderly Conduct / Noise Violation LOCATION OF OCCURRENCE: 709 College Ave S, Apt 5 REPORTING OFFICER: Johnson, Matt 7707 DATE OF REPORT: 01/08/2010 On January 1, 2010 at approximately 0122 hours, myself and Officer Janssen were dispatched to a loud music complaint at 709 College Avenue South, and were advised there were two separate complainants. Due to previous calls at this address, I advised Officer Janssen we should park in the 701 building parking lot, as other times we had arrived and had not heard music playing. Officer Janssen and I met in the parking lot of 701 College Avenue South and walked over to the 709 building. As we walked up to the apartment building, we could music coming from the back, west side of the apartments. I then advised Officer Janssen to turn on his in squad microphone and when it didn't work, Reserve Officer Haugen brought the squad car over to the 709 parking lot. When outside the building, Officer Janssen stood below an open window on apartment five and recorded, who was later identified as JEREMY ROSS STERZINGER, DOB: 07/31/1987, playing loud music and singing along. The music was full of vulgarity. At this time, I advised Officer Janssen I would go to the front of the building and let him in the backdoor and we would make contact with Sterzinger. Officer Janssen and I reached apartment five and we knocked on the door. We then heard the music go down and a male voice inside the apartment making reference to police officers in a vulgar way. When the door opened, we were met by Sterzinger, who asked vulgarly what we wanted. I advised he needed to turn his music down, as we were here for a noise complaint. Sterzinger became argumentative and when asking him for his identification, he stated it was in his apartment and he needed to go get it. I advised Sterzinger that we would accompany him into his apartment to get his identification, as I noticed inside the door there was a baseball bat leaning against the wall. I also observed a female in the apartment, who was later identified as RACHEL ANN BORGEN, DOB: 12/20/1989. At this time, Sterzinger stated we were not allowed in his apartment and I advised he did not need his identification as we knew who he was from previous contacts. In explaining the situation to Sterzinger, he became agitated and was swearing at us. We advised several times that he needed to settle down, however at this time, he stuck out his arm with his pointer finger extended into the face of Officer Janssen. When I saw this aggressive motion toward Officer Janssen, I grabbed Sterzinger's right arm and placed him against the wall. When I was doing this, Officer Janssen did the same, grabbing his left arm. When Sterzinger was against the wall we advised he was under arrest for disorderly conduct and Officer Janssen placed wrist restraints on him. We then escorted Sterzinger to Officer Janssen's squad car. When in the parking lot, Sterzinger continued to swear and make vulgar comments towards us. At this time, Officer Janssen placed Sterzinger against the trunk of his squad car and asked him to lean forward, in order to perform a pat down search of Sterzinger for weapons. Sterzinger was becoming non - compliant, trying to stand up, and becoming combative with Officer Janssen. I then walked up to Sterzinger and placed my hand on his neck and held him down on the trunk while Officer Janssen completed the pat down search. Sterzinger was then placed in the rear of the squad car and Officer Janssen transported him to the Stearns County Jail. OFFICER SIGNATURE: \ `110-1 DATE: ST. JOSEPH POLICE DEPARTMENT Follow -Up Report I returned to apartment five and issued Borgen an administrative citation, AD 1648, for a noise violation, as she is a tenant in the apartment also. • Incident recorded on in squad camera, 704. • See Officer Janssen's report for additional. OFFICER SIGNATURE: �� DATE: C k ik- -ko Extract — City Council Minutes March 19, 2009 Noise Violation — Ryan Howe Noise Violation — 701 College Avenue K Weyrens presented the Council with an alleged noise violation that occurred on March 4, 2009 at 701 College Avenue North, Apartment #20. Weyrens stated that while the alleged violation is the first recorded violation, this is in fact a second violation for the same apartment. In February the Police were called to the same apartment for a noise complaint. Officers responded and determined that the noise could be heard outside of the apartment. However, due to a clerical error, the noise violation was not submitted to Administration for processing. While the Police had been to the apartment previously, the event on March 4, 2009 is the first recorded violation. Weyrens stated that she and the Police Chief have contacted the property owner, and he is not disputing that the violation occurred, nor is he requesting an evidentiary hearing. As such, the Council needs to acknowledge that a violation occurred and then consider the disposition. Loso made a motion to acknowledge that a noise violation did occur on March 4, 2009 at 701 College Avenue North, Apartment #30. The motion was seconded by Frank and passed unanimously. Ryan Howe approached the Council to speak on his own behalf. Howe stated that he is one of the owners of the apartment facility located at 701 College Avenue North. He stated that he was unaware of the events that occurred in February when the Police were called to the property. However, since the event on March 4, 2009 he has started eviction proceedings for the tenant in #30 and they should by removed no later than May 1, 2009. Howe stated that as an owner he takes all complaints seriously and has dealt with the problem to prevent reoccurrence. Wick made a motion to assess a $ 250 fine for the noise violation that occurred on March 4, 2009 at 701 College Avenue North, #30. The minimum fine is being assessed as the violation before the Council is the first recorded violation and the property owner has taken action to evict the tenant. The motion was seconded by Symanietz and passed unanimously. The Council clarified that noise violations for multi- tenant facilities are considered on an apartment basis. However, if a complex has numerous complaints the Council may consider action on the entire complex as the property owner is responsible for the management of the entire property.