HomeMy WebLinkAbout[05] Noise Violation, McManus •
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CITY OF ST. JOSEPH Council Agenda Item 5
MEETING DATE: November 4, 2010
AGENDA ITEM: Noise Violation, Robert McManus — 316 Old Highway 52
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 prior 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.
As can be seen from the police reports, this violation included the assistance of multiple officers and
resulted in 35 underage consumption tickets. The officers were on the scene for approximately 1.5
hours.
BUDGET /FISCAL IMPACT:
ATTACHMENTS:
Request for Council Action 5:1 -2
Notification to Landowner 5:3 -4
Police Reports 5:5 -6
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.
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I \ CITY OF ST. J OSEPH
www. cityo{stjoseph.com
October 26, 2010
Robert McManus
River Properties
Administrator 101 — 7 Ave S
Judy Weyrens St. Cloud MN 56301
RE: Alleged Noise Violation - 316 Old Highway 52
Mayor
Al bier Dear Mr. McManus:
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 eon 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 October 2, 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, November 4, 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 Cleric/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 56i74
Phone 3zo.363.7zoi Fax 320.363.034z
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Robert McManus
October 26, 2010, 2010
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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, 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 concem 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,
aed
J Weyrens
• inistrator
cc: Tom Jovanovich, City Attorney
Mayor and Members of the City Council
Police Chief Pete Jansky
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. Incident Report
Officer Assigned: Badge Number: How Recd: Supervisor Approval:
11I1i11111 111I11111di1 Meyer 7703 Phone
* 1 0 8 0 1 7 2 6 * Reported By: .0 See Complainant Squad: In Squad Video: Photos Taken:
703 ❑ Yes ® No ❑ Yes ® No
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1. 2. 3.
Noise Complaint
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;
316 Old Hwy 52 10/02/2010 Saturday
Date Reported: lime Reported: Time Assigned: Time Arrived: Time Cleared:
SAA 2307 2307 2310 2325
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Assisting Officer(s): s
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Name (Last. First. Middle) Date of Birth: Race: D/L #: State:
__ - MN
Street Address: City, State, ZIP: Phone:
St. Joseph, MN 56374
To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt:
❑ Yes El No ❑ Yes IS No ❑ Yes ® No HZL 507 190
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Name (last, First, Middle) Date of !Myth: Race: D/L #: State:
DEUTZ, PARKER STEVEN 06 -26 -89 W V672266055215 MN
Street Address: City, State, ZIP: Phone:
301 HILL ST N. MARSHALL, MN 56258
To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt:
0 Yes ® No ® Yes ❑ No AD1889 ❑ Yes ® No BLUE 5 -11 215
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License Plate Number: State of License Plate: Year: Make: Model:
Color of Vehide: Towed By: Vin #:
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License Plate Number: State of License Plate: Year: Make: Model:
Color of Vehide: Towed By: Vin #:
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REPORT OF LOUD MUSIC IN THE AREA. I COULD HER LOUD MUSIC AND TALKING FROM THE
GARAGE AREA OF THE ABOVE HOUSE. PEOPLE TOOK OFF RUNNING OUT THE BACK WHEN I
KNOCKED ON THE DOOR. DEUTZ STATED HE WAS A RENTER AND NO THER RENTERS WERE
THERE. HE WAS ISSUED A TICKET FOR THE VIOLATION. SEE REPORT OF FURTHER.
r
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ST. JOSEPH POLICE DEPARTMENT
Follow -Up Report
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ICR NUMBER: 10801726
OFFENSE/INCIDENT: Noise Complaint
LOCATION OF OCCURRENCE: 316 Old Hwy 52
REPORTING OFFICER: Meyer, Brad 7703 DATE OF REPORT: 10/02/2010
. On October 2, 2010 at approximately 2307 hours, I was dispatched to loud music on Old
Hwy 52. The complainant, • -- — - -- • - — -- - - - - - -- - - ' - - - - - - -
and the loud music was coming from the houses behind her off of Old Hwy 52.
Upon my arrival, I could hear loud music and yelling corning from 316 Old Hwy 52. The
music could be heard while I was parked on the road. I approached the house and knocked on
the door. I looked into the window to the left of the main door and could see people running out
the back of the house, yelling that the cops were out front. I was the only officer on scene at the
time and as I stood back from the house, I could see people running to the west and also coming
around the east side of the house and heading east. There appeared to be approximately thirty to
forty people fleeing the residence. A male came out and identified himself by Minnesota drivers .
license as PARKER STEVEN DEUTZ, DOB: 06/26/1989. Deutz stated he was the only renter
present at the time. I advised Deutz that we were at the residence the night before on a noise
complaint and I had spoken with other renters. I advised him because of the amount of noise and
because we were there the night before, that he would be issued a citation for the noise violation.
I asked Deutz why people had been running out the backdoor and he stated he didn't know. I
advised from my past experience, when that happens, it's because they are underage or have
done something wrong. While speaking with Deutz, the house bad been cleared out and the
music was turned off. Deutz was issued administrative citation, AD1889, for noise violation.
This was explained to Deutz and I advised the owner of the property would be notified of the
violation. Deutz stated he had no questions and I cleared from the residence.
OFFICER SIGNATURE: 4!� DATE/ 0 Y2
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