HomeMy WebLinkAbout[06] Noise Violation OL^
Cr1VOF NT. JOSkPH Council Agenda Item 6
MEETING DATE: September 2, 2010
AGENDA ITEM: Noise Violation, 310 Old Highway 52
Ryan Lemieux
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 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.
In talking to Chief Jansky it was noted that while this is the first cited noise violation the Police Officers
have previously been called to the property and warned the residents that if they have to come back
they would be cited for noise. When the Department was called on August 11, 2010 they verified the
noise and the following day they were cited for a noise violation.
The property owner Ryan Lemieux is not disputing the noise violation. He has expressed frustration that
he hires a security company to watch the property on weekends and big events and then he receives a
notification from the City informing him that he must appear before the Council for a noise violation.
Unfortunately the property in question has eight units with a common area in the middle. This area
tends to be a place of congregation.
Lemieux also questioned if the City has considered adopting a matrix or a penalty schedule. I informed
him that the Council in the past has discussed adopting a matrix, but not all noise violations are similar.
6:1
For example, a rental property where the stereo turned to loud has different impacts than a noise
violation with a large crowd and drinking, particularly if there are minors participating. Additionally, a
call where the participants cooperate with the authority should e handled different then one where they
do not.
ATTACHMENTS: Request for Council Action 6:1 -2
Hearing Notice 6:3 -4
Incident Reports 6:5 -8
Follow Up Report 6:9
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.
6:2
• • \ CITY OF ST. J OSEPI-f
www cityof stjoseph.com
August 20, 2010
Ryan Lemieux
Rock Investments
Administrator PO Box 2155
Judy Weyrens Maple Grove MN 55311
RE: Alleged Noise Violation - 310 Old Highway 52
Mayor
Al Rassier 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 Loso 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 Symanietz arisen out of an incident on August 11, 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, September 2, 2010
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 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
zs College Avenue North • PO Box 668 • Saint Joseph, Minnesota 5 6374
Phone 32.o.363.7zoi Fax 320.363•034z 6:3
Ryan Lemieux
August 20, 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, 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 law or your rights,
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,
y W r ens
• inistrator
cc: Tom Jovanovich, City Attorney
Mayor and Members of the City Council
Police Chief Pete Jansky
6:4
Incident Report
Officer Assigned: Badge Number: How Rec'd: Supervisor Approval:
IIIMMEER Johnson 7707 Radio rj 7c
* 1 0 8 0 1 3 0 8 * Reported By: ❑ See Complainant Squad: In Squad Video: Photos Taken:
Refused Female 704 ® Yes ❑ No ❑ Yes 0 No
TYPE OF OFFENSE(S) 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:
310 Old Highway 52 08/11/2010 Wednesday
Date Reported: ' Time Reported: Time Assigned: Time Arrived: Time Cleared:
08/11/2010 0001 0001 0003 0032
ASSISTING OFFICER(S):
Assisting Officer(s):
7703
PARTICIPANT #1 ❑ COMP ❑ VICTIM ® SUSPECT ❑ WITNESS ❑ MENTIONED ❑ JUVENILE ®M ❑ F
Name (Last, First, Middle) Date of Birth: Race: D/L #: State:
Cobb, Evan Thomas 03/11/1990 CAC N534189600912 MN
Street Address: City, State, ZIP: Phone:
11445 Brenda Blvd Becker, MN 55308
To Jail: Citation Issued: ' Citation #: Mandatory Court: Eyes: Hgt: Wgt:
❑ Yes ® No 0 Yes ❑ No AD1867 ❑ Yes is No Hazel 601 205
PARTICIPANT #2 ❑ COMP ❑ VICTIM 0 SUSPECT ❑ WITNESS ❑ MENTIONED ❑ JUVENILE ®M ❑ F
Name (Last, First, Middle) Date of Birth: Race: D/L #: State:
Awe, Harrison David 10/19/1989 CAC G617079932614 MN
Street Address: City, State, ZIP: Phone:
710 Linwood Avenue St Paul, MN 55105
To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt:
❑ Yes ® No 0 Yes ❑ No AD1866 ❑ Yes 0 No Brown 510 195
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)
Received a call of intoxicated students yelling and making noise. Arrived and found several people on
the roof of the above adderss. I also found the front door wide open and music playing loud enough to
be heard on the street. Identified Awe from previous contact and he told me he lived at this address.
7703 identified Cobb as a renter at this address. I also identified two underage females at the address.
Citations were issued to Cobb and Awe for noise violation. See report in misc case file for additional.
Related ICR's: 10801127, 10801309, 10801310.
6:5
Incident Report
•
Officer Assigned: Badge Number: How Rec'd: Supervisor Approval:
1111 1111 111 111111111 Johnson 7707 Radio 7?G
* 1 0 8 0 1 3 1 0 * Reported By: ❑ See Complainant Squad: In Squad Video: Photos Taken:
Refused Female 704 0 Yes ❑ No ❑ Yes ® No
TYPE OF OFFENSE(S) INCIDENT CLASSIFICATION
1. 2. 3.
Underage Consumption
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:
310 Old Highway 52 08/11/2010 Wednesday
Date Reported: Time Reported: Time Assigned: Time Arrived: Time Cleared:
08/11/2010 0001 0001 0003 0032
ASSISTING OFFICER(S):
Assisting Officer(s):
7703
PARTICIPANT #1 ❑ COMP ❑ VICTIM E SUSPECT p WITNESS ❑ MENTIONED ❑ JUVENILE DM ® F
Name (Last, First, Middle) Date of Birth: Race: D/L #: State:
Zinda, Elizabeth Marie 03/14/1990 CAC T080231677808 MN
Street Address: City, State, ZIP: Phone:
311 King Street Holloway, MN 56249
To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt:
❑ Yes ® No ® Yes ❑ No AD 1835 ❑ Yes ® No Brown 501 108
PARTICIPANT #2 ❑ COMP ❑VICTIM ❑ SUSPECT ❑ WITNESS ❑ MENTIONED ❑ JUVENILE ❑M ❑ F
Name (Last, First, Middle) Date of Birth: Race: D/L #: State:
Street Address: City, State, ZIP: Phone:
To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt:
❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No
VEHICLE #1
License Plate Number: State of License Plate: Year: Make: Model:
Color of Vehicle: Towed By: Vin #:
VEHICLE #2 ,4?
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 call of intoxicated students yelling and making noise. Arrived and found several people on n
the roof of the above adderss. I also found the front door wide open and music playing loud enough to-
be heard on the street. I identified two underage females at the address. One of the females was
identified as Zinda by her name and date of birth. Zinda admitted to drinking alcohol this evening.
PBT =.050. Admin citation issued.
6:6
Incident Report
Officer Assigned: Badge Number: How Rec'd: Supervisor Approval:
1! 1111111111111 IIIIIIIIIIIII Johnson 7707 , Radio , r 7o,
* 1 0 8 0 1 3 0 9 * Reported By: ❑ See Complainant Squad: In Squad Video: otos Taken:
Refused Female 704 ® Yes ❑ No Yes ® No
TYPE OF OFFENSE(S) INCIDENT CLASSIFICATION
1. 2. 3.
Underage Consumption
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:
310 Old Highway 52 08/11/2010 Wednesday
Date Reported: Time Reported: Time Assigned: ` Time Arrived: Time Cleared:
08/11/2010 0001 0001 ,0003 ,0032
ASSISTING OFFICER(S):
Assisting Officer(s):
7703
PARTICIPANT #1 ❑ COMP ❑ VICTIM. ® SUSPECT ❑ WITNESS ❑ MENTIONED ❑ JUVENILE DM ® F
Name (Last, First, Middle) Date of Birth: Race: D/L #: State:
Gallagher, Abby Jane 12/30/1989. CAC H698032481423 MN
Street Address: City, State, ZIP: Phone:
6910 Dylan Road Independence, MN 55353
To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt:
❑ Yes ® No ® Yes ❑ No AD 1834 ❑ Yes ® No Blue 503 118
PARTICIPANT #2 ❑ COMP ❑ VICTIM 0 SUSPECT ❑ WITNESS ❑ MENTIONED 0 JUVENILE ❑M ❑ F
Name (Last, First, Middle) Date of Birth: Race: D/L #: State:
Street Address: City, State, ZIP: Phone:
To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt:
❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No
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)
Received a call of intoxicated students yelling and making noise. Arrived and found several people on
the roof of the above adderss. I also found the front door wide open and music playing loud enough to
be heard on the street. I identified two underage females at the address. One of the females was
identified as Gallagher by her name and date of birth. Gallagher admitted to drinking alcohol this
evening. PBT =.164. Admin citation issued.
6:7;
Incident Report
Officer Assigned: Badge Number: How Rec'd: Supervisor Approval:
I1 1, I d 111. (11 II� Janssen 7704 Radio
* 1 0 8 0 1 1 7 * Reported By: ® See Complainant Squad: In Squad Video: Photos Taken:
704 ❑ Yes ® No ❑ Yes ® No
_ ,. TYPE OF OFFENSE(S) — INCIDENTCLASSIFICATI.ON... • , -
1. 2. 3.
Loud Party
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:
310 Old Hwy 52 July 16, 2010 _ Friday
Date Reported: Time Reported: Time Assigned: Time Arrived: Time Cleared:
07 -16 -2010 2351 2351 2353 0127
, .., t , . ; . .,ASSISTING- ' OFFICER( S) , T . , -. > : } s : A� . 3
Assisting Officer(s): { `r Ar
7702, 2571, 2578, 2309, 2312, 2315, 6102, 6103
PARTICIPANT #1 " "' ® COMP j VIC IM 0 SUSPECT 7 WITN Q MEN IONED 3 & E F ft E ` , „ ,
Date of Birth: Race: x • State:
J White ir”
MN
Ctroat Ar1rlrPCC • . y, ...... , `. � 1e.
St. Joseph, MN 56374 32 CeII
10 .pan: uGauui ,ayued: Citation #: Mandatory Court: -- L.
❑ Yes ® No ❑ Yes ® No N/A ❑ Yes 0 No
P�ARTICI#ANT #2 0 COMP 0 VICTIM pttS ?E,CT gip ' ENTf NF Q b 7
Name (Last, First, Middle) Date of Birth: Race: D/L #: S
Hammel, Hayden Benjamin Prairie 10 -04 -1989 White H- 968 - 019- 575 -823 MN
Street Address: City, State, ZIP: Phone:
605 Main Street Sauk Centre, MN 56378 320 - 266 -4868 Cell
To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt:
❑ Yes 0 No ❑ Yes 0 No N/A ❑ Yes ® No Hazel 5-10 185
u
License Plate Number: State of License Plate: � Year: Make: Model:
Color of Vehide: Towed By: Vin #:
E
r HI d 4 g #2 : , 3 x � ar 2 G rS d ra R a .b ? ' c � cy t } � . 't�FVil Sw � �
�k
G <+ a y
License Plate Number: State of License Plate: Year Make: Model:
of Vehicle: Towed By: Vin #:
NARRA (Make to i any property -, .. : '7
Responded to the above address in reference to a loud party. Arrived and heard a lot of loud voices
and observed a lot of foot traffic in the area and it all seemed to be coming from 310 Old Hwy 52.
Made contact with one of the renters at the residence and advised him of the complaint. Hammel was
identified by his MN Drivers License. Officers observed several people on the roof top attempting to
jump off and get away. Hammel gave officers permission to search residence. A total of 10 underage
citations were issued. Hammel was given a verbal warning for noise violation.
6:8
ST. JOSEPH POLICE DEPARTMENT
Follow -Up Report
• ICR NUMBER: 10801308 •
OFFENSE /INCIDENT: Noise Violation
LOCATION OF OCCURRENCE: 310 Old Hwy 52
REPORTING OFFICER: Johnson, Matt 7707 DATE OF REPORT: 08/11/2010
• •
On August 11, 2010 at approximately 0001 hours, I received a call of intoxicated students
in the street yelling and making lots of noise near the address of 332 Cypress Drive. Upon
arrival, I found no students on the street, however, did hear music corning from 310 Old Hwy 52.
I pulled in front of this address and approached. As I did so, I noticed the front door to be open
and loud music coming from the house, that could be heard on the street. I also noticed several
people on the roof of the house. I instructed the students to come down and we identified two
residents of the house; HARRISON DAVID AWE, DOB: 10/19/1989, by previous contacts and
EVAN THOMAS COBB, DOB: 03/11/1990, by his Minnesota drivers license. In speaking to
the two, they stated they were having a few people over and didn't realize they were making
noise. I noticed several pieces of indoor furniture in front of the house and instructed them to
move this furniture into the house immediately. As they were moving the furniture, I identified
two females at the house. Both were underage, had been consuming alcohol, and were cited for
this. (See ICR 's 10801309 and 10801310.)
I knew we had been to this residence before and so went to our office and found that on
July 16, 2010, this same house was warned for noise violation and several people were cited for
underage consumption. I then issued administrative citations to Awe and Cobb, and they were
advised to cone to the office to pick them up.
• Incident recorded on in squad camera, 704.
OFFICER SIGNATURE: � DATE:
6:9