HomeMy WebLinkAbout[06] Noise Violation, Schneider •
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CITY OF NT. JOSEPH Council Agenda Item 6
MEETING DATE: November 4, 2010
AGENDA ITEM: Noise Violation, 109 College Avenue North, Dale Schneider
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 6:1 -2
Notification to Landowner 6:3 -4
Police Reports 6:5 -7
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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„,, \ CITY OF ST. J OSFPH
www. cityo{stjosepii . com
October 26, 2010
Dale Schneider
31164 — 115 Avenue
Administrator St. Joseph MN 56374
Judy Weyrens
RE Alleged Noise Violation -109 College Avenue North
Ma Dear Mr. Schneider:
Al Kassier
This letter has been prepared to provide you with notice and information regarding a
Councilors proposed suspension or revocation of the rental license for the above referenced
Steve Frank property. This action is being taken because of an alleged violation of Ordinance
Bob Loco No. 102 of the St. Joseph Code of Ordinances. This violation is alleged to have
arisen out of an incident on October 3, 2010 (copy enclosed).
Renee Symanietz
Dale Wk 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 :10 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
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Dale Schneider
October 26, 2010, 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 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,
■ i
Jud Weirens
• 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 Rec'd: Supervisor Approval:
III it 1111111 1 1111111 III 111 I1 I1111 Johnson 7707 In Person
* 1 0 8 0 1 7 4 7 * Reported By: ❑ See Complainant Squad: In Squad Video: Photos Taken:
SJPD Bike ❑ Yes ® No ❑ Yes ® No
'1 T e ..... 9 ;:r -, d n, 7 T. c ✓._ f p' r c �'
et . ,, 0 , : P...,‘ C y 4 J v ` �+,tH1 t :_. � �i .. & , . s f _ i 3 -, .[•
1. 2. 3.
.. J, Y1v fir _.:... H �..y.,- .._._. 'Tt., 1..�.. ...�:.t� =^�1 -
. �
Noise Violation
Level of Offense: Level of Offense: Level of Offense:
❑ P. Misd. ® Misd. ❑ G. Misd. ❑ Felony ❑ P. Mlsd. ® Mis_d. ❑ G. Misd. ❑ Felony ❑ P. Miisd. ❑ Misd. ❑ G. Misd. ❑ Felony - .
Location of Incident: Date Incident Occurred: Day of Week Incident Occurred:
109 North College Avenue 10/03/2010 Sunday
Date Reported: lime Reported: lime Assigned: Time Arrived: Time Cleared:
10/03/2010 0000 0000 0000 0000
A £5�a _ 11:: h q *T477.' . c _- r , t er, J eap �C .a S w
' 1 .0 .?I: .aa `�� R.. .. ...� -�^" /�i F�L �'F ���,1c`G.'h.^1i�HJx .. .�- ..3c (.�u,it r te . .. � ,
Assisting Officer(s):
7701, 7702, 7703, 7704, 7708,
y Q 1 (rnM� « 4 �]
` '101:0 `N * -WI V'. fea n a rr 6° `0. °G ` f, u Q +'.t l� , ..zs -7 5 si �
Name (Last, First, Middle) Date of Birth: Race: D/L #: State:
Colleran, Alexander Thomas 09/26/1988 W Q757194108819 MN
Street Address: City, State, ZIP: Phone:
704 Ali Ln Victoria, MN 55386
To Jail: Citation Issued: rCitation #: Mandatory Court: Eyes: Hgt: Wgt: � I
❑ Yes ® No ® Yes ❑ No I AD 1929 ❑ Yes ®No BRN 602 140
.{ • . .. y..�p .r f -. r� {y . ( �..� ` �' e . .. _ J T{"_�n..'.aKC .y± q , . t
) : ,, R.`. ci:.' � ¢' ° ' S . - x im7i -' .Y ir , Rvl �` f r, svP1 O r fV y of R ; " \ .d
'ra ��K �� __ � R l�, C ��� �; �.. ��
Name (Last, First, Middle) Dale of Birth: Race: D/L #: State:
Bungum, Timothy Bruce 08/05/1988 W C683042605117 MN
Street Address: City, State, ZIP: Phone:
33380 660 Ave Sargeant, MN 55973
To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Mgt: Wgt:
❑ Yes No .L' Yes ❑ No AD 1928 ❑ Yes ® No BRN 508 165
,,��i{�%%,,err�.+r k ti• r.n� A -,,, _.. _ - - - - - -.-- T, "� .8. tk„ ` ,, 'YD' 5' Z s
License Plate Number: State of License Plate: Year: Make: Model:
Color of Vehicle: Towed By: Vin #:
License Plate Number: State of License Plate: Year Make: Model:
.1
Color of Vehide: Towed By: Vin #: }
Y rv1 iRi ,�+��J ��id��j y y � • �� y } y . 4j �� >' rYj F
' : t �r1 + ', roy, '' R AA 9'dq � ,-, �� 5 1 . [1 . 6 - 1 urri , l4o'a Qli I . �O L6 C _ ti. s':az 4i „ x �r f# 7 .w
Loud party in the garage at the above location, also known as the "White House ". Several college aged
people were in the garage and there was loud music that was able to be heard from 1/2 block away. -
Several citaitons for underage consumption were issued. Colleran, Bungum, Meyer, and Brugh were
issued administrative citations on 10 20 2010 for noise violations. See re. •rt in case file for additional.
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Incident Report
Officer Assigned: r Badge Number: How Recd: ' Supervisor Approval:
I � ' '1 l I 1 i11IIil 1 1 1,11 1 1114 Johnson 7707 In Person
* 1 0 8 0 1 7 4 7 * Reported By: ❑ See Complainant . In Squad Video: Photos Take
1 SJPD _ Bike N
� g ; 'Tl(P.I�6O�� � � �;�,: �.'�.. .. 'wS,I ,F���ic a
� � � o
I. 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 Inddent: Date Incident Occurred: Day of Week Inddent Oo un ed:
109 North College Avenue 10/03/2010 Sunday
Date Reported: ' lime Reported: Time Assigned: Time Arrived: Time Cleared:
10/03/2010 0000 0000 0000 0000 _
p ..+ k � a' sss, r ; Ki ,p, +�4 rA t ' 1'. » e .- " 'C " , N a za ' 'z i ,• i d , ' r 4 r,. - 0 y , v : 3ir yy, Swr - --', Y *t. tzt `� 1 ?'
„ ; t i ;r<« ,, fs - ”` 4 ^J. . r \:+ {° , 4 i'�`J" ∎. f ,' 41,, ..kg0„ " x.44 ,.. f .. � .. '.: r ^+."
Assisting Officer(s):
7701, 7702, 8,
Name (Last, First, Middle) Date of Birth: Race: D/L #: State:
Meyer, Nathan Allan 03/15/1989 W IA
Street Address: City, State, ZIP: Phone:
951 County Home Rd Springville, IA 52336
■
To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt:
❑ Yes ® No ® Yes ❑ No AD 1969 ❑ Yes El No BRN 509 170
:" R GIB' a CONS -- G 16? gq i IMI_V t Y FIT . g Q E # Jlj1V , I 1 },p ; ;'
Name (Last, First, Middle) Date of Birth: Race: D/L #: ate:
Brugh, Kennan Samuel 10/22/1988 W H13037672 NE
Street Address: City, State, ZIP: Phone: -
16214 Douglas St Omaha, NE 68118
To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt
❑ Yes ® No ® Yes ❑ No AD 1970 ❑ Yes ® No GRN 604 170
E 4 ILL ._ •- `a ,« . y . i ,, '_ , y t
License Plate Number: State of License Plate: ' - Year: T Make: Model:
•
Color of Vehicle: Towed By: Vin #:
'f
ivem6 > , L 0 - 6,14 - .`. ' :- . ;:nxo n.: � ': 1 i,. Tom' ?„ i lg - F, - ,y x y
� �, d f: 4.Y�' F'q4 ,.s. - v i ' . -a _:ssns+ �= t t ___. _-4v+: �° .'"
License Plate Number: State of License Plate: Year: Maize: Model:
Color of Vehicle: Towed By: Vin #:
54,41 n",.. ` . -.. s b '.4..# i ' F �'.(.�n jk ez:i*, g.` , x Yt fi v
t'r '..Y � . . - x .. #7.;r' '= ' y:= 3 -' x }
Page2of2
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ST. JOSEPH POLICE DEPARTMENT 1
Investigation Report
ICR NUMBER: 10801747
OFFENSE/INCIDENT: Noise Violation, Disorderly House
LOCATION OF OCCURRENCE: 109 North College Avenue, St Joseph, MN 56374
SUSPECT: Several — See Below
ADDRESS:
PHONE NUMBER:
DATE REPORTED: 10/03/2010
TIME REPORTED: 0000
DATE OCCURRED: S/A
TIME OCCURRED: S/A
REPORTING OFFICER: M. Johnson 7707
ASSISTING OFFICER(S):
On October 3 2010 at approximately 0000hrs, I was on bicycle patrol with Sgt Pfannenstein
and heard loud music coming from the 100 block of North College Avenue. I was on 1" Avenue NW
and Birch Street West. I rode into the alley behind 109 North College Avenue, also known and the
White House, as other officers had been at this address earlier in the evening due to loud music. When I
rode into the back yard area, I noticed several people going in and out of the garage as well as standing
in the backyard. I then went to the area where the garage connects to the house and was able to
determine this was the source of the loud music. As several people were standing in the area, I asked
who lived here. A male, later identified as, ALEXANDER • THOMAS COLLERAN —
DOB:09/26/1988, advised me that he lived there. I asked him who else was present that lived here.
Colleran then told me several names and I asked him to go get them.
As Colleran was retrieving the others, I attempted to contain as many people inside the garage ..
that I could, as I observed several people mmning from the garage as well as a plywood window getting
kicked out from the inside. Officer Meyer then arrived and stood -by the windows and I also spoke to Sgt
Pfannenstein, who informed me he was at the front of the garage near the overhead door due to the
occupants of the garage trying to open it
Colleran brought back three other residents and I identified them as TIMOTHY BRUCE
BUNGUM — DOB: 08105/1988, NATHAN ALLAN MEYER — DOB: 03/15 /1989, AND KENNAN
SAMUEL BRUGH — DOB:10/22/1988. I then advised them that they were in violation of the City of
St Joseph's noise ordinance and it was my opinion that there were several minors in the garage drinking.
I then advised Colleran that we would be checking the identifications of the people in the garage and
asked if he would cooperate. Colleran agreed. I had Officer Meyer and Reserve Officer Pfannenstein
stand at the back garage door and assure that nobody entered or exited and I walked to the front of the
garage. As the overhead door opened, Chief Jansky, Sgt Pfannenstein, Officer Magaard, Officer Jansky,
and I began administering PBT's to all persons under 21 years of age and identifying and releasing all
persons over 21 years of age.
After 1' /2 hours, we finished issuing 35 underage consumptions citations and released
approximately 60 others. We then spoke to the tenants and advised them of the situation and that they
would be receiving citations as well. We advised them that they would be charged with a noise violation
and we were also looking into disorderly house.
On 10/20/2010, I issued noise violation citations to Colleran, Bungum, Brugh, and Meyer. Meyer
was the only one home at the time and he assured me he would give the others their citations and explain
them. Meyer was advised if there were any questions, they should contact the police department.
Payment date on the citations was set for 10/29/2010.
OFFICER SIGNATURE: • i 1'1�1 DATE: vci ei ) w
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