HomeMy WebLinkAbout[05] Noise Violation crry OR STr.,usu'u Council Agenda Item 5
• MEETING DATE: September 15, 2011
• AGENDA ITEM: Noise Violation, 120 Iverson Street W
Brent Carlson
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: N/A
PREVIOUS COUNCIL ACTION: None.
BACKGROUND INFORMATION: Brent Carlson purchased the home at 120 Iverson Street W and in
November 2010 he secured a rental license to have two tenants'. Since the property is zoned R3, an
Interim Use Permit is not required. Mr. Carlson completed the necessary paperwork and received a
certificate of compliance to operate a rental.
Rental licenses are only valid for one year, so in May 2011 he was mailed the renewal forms along with
instructions that all rental licenses must be renewed no later than August 14, 2011. Gary Utsch
contacted Mr. Carlson and left a message that he has not yet renewed his rental license. As of Monday,
September 12, 2011 the City Office has not been contacted by Carlson so he is operating an illegal rental
unit in the City. He has been issued a citation for renting without a license, but still no response.
In addition to renting without a license, the property received a noise violation. As can be seen from the
following information, the Police were called to the property in February 2011, but the officer indicated
that it did not warrant a citation and warned the residents. On August 28, 2011 the Police where again
called to the residence and a noise citation was issued. It should be noted that the same residents are
living with Carlson as listed on the 2010 -2011 license.
Noise violations require two actions by the City Council, first an acknowledgement that a noise violation
did occur and the second action is the disposition. The property owner has not requested a hearing.
ATTACHMENTS: Request for Council Action 5:1 -2
Notice of Violation 5:3 -4
Incident Reports 5:5 -6
Supplemental Reports 5:7 -8
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 OSEPH
"WW.citvof stjoseph.com
•
September 2, 2011
Brent Carlson
Administrator 120 Iverson Street W
Judy Veyrens St. Joseph, MN 56374
Mayor RE: Alleged Noise Violation -120 Iverson Street W
Rick Schultz
Dear Brent:
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 ro e
Bob Loso This action is being taken because of an alleged violation of the Ordinance No. 102 f the St.
Renee Symanietz Joseph Code of Ordinances. This violation is alleged to have arisen out of an incident on
Dale Wick August 28, 2011. [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, September 15, 2011 at 7:10PM In the
St. Joseph City Hall, 25 College Avenue N.
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 on 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 City 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 revocation or suspension of your
zs College Avcnuc North • PO Box 668 • Saint Joseph, Minnesota s6374
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Phone 3z.o.363.7ioi Fax 32.o•363•o341
Brent Carlson
August 28, 2011
Page 2
rental license. Prior to the determination of the 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 City Council before 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 about the above property being operated as a rental property without a valid
rental license from the City of St. Joseph which is a violation of Ordinance No. 55.11. St. Joseph Code of
Ordinances No. 55.11 states that "no person shall operate rental property in the City of St. Joseph
without first having a property made and filed a registration statement with the Compliance Official, and
without first securing a valid rental license from the City of St. Joseph ".
If you have any questions or need additional information, please feel free to contact me at (320)363-
7201.
Sincerely,
CITY OF ST. JOSEPH
Judy Weyrens
Administrator
cc: Tom Jovanovich, City Attorney
Mayor and Members of the City Council
Police Chief Pete Jansky
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Incident Report ENrfl
Officer Assigned: Badge Number: How Recd: Supervisor n�va I:
[ 111��III�I 'l1{ 1 Magaard 7708 _ Phone 7
* 0 0 1 * Reported By; ❑ See Complainant Squad In Squad Video: Photos Taken:
Refused female 704 0 Yes ® No ❑ Yes ® No
. ,^ ..a 1 P.,-"' '$ Et � ` i� , l el!! LAN ' f � 'd u°', 1 r ' r e �' 1 - i i i ' 4' -6 r ., w �k v'+ % d:'.
1. 2._ 3.
Loud party
Level of Offense; Level of Offense: Level of Offense:
0 P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony ❑ P. MIsd. ❑ Misd. ❑ G. Misd. ❑ Felony ❑ P. Mild. ❑ Misd. ❑ G. MIsd. ❑ Felony
Location of Incident: Date Inddent Occurred: Day of Week Inddent Occurred:
120 Iverson Street West 02/12/2011 Saturday
Date Reported: lime Reported: Time Assigned: Time Arrived: Time Cleared:
SAA 0019 0019 0036 0057
y..
Assisting officer(s).
SCSD -2572, WPPD -2312
,j ; ti e.ria i' d ra..a ¢� t i F ?: , , ,.u. ,,, , .a..%° , t fp (,4 ....._ e `�: r ,� ),f.. yf ,: :. _ ^a+ f Li ,„
Name (Last, first
irst, Middle) Date of Birth: . Race: D/L #: State:
Carlson, Brent Edward 11/30/1989 Cac W72261478116 MN
Street Address: City, State, ZIP: Phone:
120 Iverson Street West St. Joseph, Mn 56374 612 7510676
To Jail: Citation Issued: Citation #: Mandatory Court: Eyes: Hgt: Wgt:
❑ Yes ® No ❑ Yes ® No ❑ Yes o No Bm 510 168
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i tt i w i i c t � f s tin.`1 , t r 1!i ), 1!,0 t I f r }/ t
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D`.il �i I . L t � �t f ti '... ._.__ � � d3ll�t`� G ,.... ��� '..... �k i. 10�
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:
f
❑ Yes 0 N ❑Yes 0 N ❑Yes 0 N
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:
color of Vehicle: Towed By: Vin #:
i '�¢ 3, , , -, tofi _ ! 1 :. id i t 'Vila1 '13 I ;E �':
Report of a loud party with music being played outside. When I arrived I did not hear any music while
on the street, but when I got close to the garage I could hear music. 1 went to the front door and after _
knocking was met by a male who did not own the residence. He went and got Carlson who owns the
home. Carlson would not allow me into the residence but agreed to raise the garage door. When he
did there were four other people inside the garage who were of drinking age. Carlson again refused to
allow us into the residence, was warned about the noise ordinance and was told this was the only
warning he would be receiving.
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Incident Report
Officer Assigned: Badge Number: How Rec'd: Supervisor Approval:
IJIHH 111111II I 111111 11 f 111111 Magaard 7708 Phone
* 1 1 8 0 1 4 5 8 * Reported By: ❑ See Complainant Squad: In Squad Video: Photos Taken:
Refused male 704 ❑ Yes IS No ❑ Yes ® No
•
1. 2. 3.
Loud party
Level of Offense: Level of Offense: Level of Offense:
® P. Misd. ❑ Misd. 0 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:
120 Iverson Street West 08/28/2011 Sunday
Date Reported: Time Reported: Time Assigned: Time Arrived: Time Cleared:
SAA 0220 0220 0226 0258
�.s ;4��s ��. i w ' � , : rac Aw x �,, n ",
'- e .m s ��,q v..
Assisting Officer(s):
7703
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Name (Last, First, Middle) Date of Birth: Race: D/L #: State:
Carlson, Brent Edward 11/30/1989 Cac V772261478116 MN
Street Address: City, State, ZIP: Phone:
120 Iverson Street West Saint Joseph Mn 56374
To Jail: citation Issued: citation #: Mandatory Court: Eyes: Hgt: Wgt:
❑ Yes ® No ® Yes ❑ No AD2119 ❑ Yes ® No Brn 510 168
4
� �.� � .�
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
. _,.r,.. �`U� '� ✓6�' 3 "� >� sz � c� -g�x,. �rtx� � p �rw as["? r -err �'..�.r_
License Plate Number: State of License Plate: Year: Make: Model:
Color of Vehicle: Towed By: Vin #:
„ . . i - ws a - a' 7 r • ns �? rr`•.aiak
��€ 1 � .. wi .a ` ; 4 Y��"7"...iae �� �
License Plate Number: State of License Plate: Year: Make: Model:
Color of Vehide: Towed By: Vin #:
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..<- =L s 4 '`. ,�C n�.'M ` /' `u a x ,t . $i.,', zdx' " :e" 1 i ' e "a8'd ' K,..r .c • r ",
Received a complaint of a loud party at the above address. Officer Meyer arrived before me and told
me the noise level coming from the party consituted a violation of the Saint Joseph noise ordinance,
102.2 sub. 6 - Party/Gathering. I did issue an Administrative Citation to Carlson for a noise violation,
because he was the owner of the residence. He was also told he may be required to appear in front of
the City Council because of the noise ordinance violation. I had been at the residence earlier in the
year and gave Carlson a warning for the noise violation at that time and told him if we get called back
he would be cited.
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ST. JOSEPH POLICE DEPARTMENT
Follow -Up Report
• ICR NUMBER: 11801458 •
OFFENSE/INCIDENT: Loud party
LOCATION OF OCCURRENCE: 120 Iverson Street West
REPORTING OFFICER: Magaard, Daniel 7708 DATE OF REPORT: 09/06/2011
• •
Officer Meyer and I were dispatched to a loud party at the above address. When I
arrived, Officer Meyer was talking to two individuals who were identified as ALEXANDER
JOHN WALLERICH, DOB: 05/24/1990 and ALEXANDER MICHAEL KLEHR, DOB:
12/18/1989. Both individuals stated rented from the owner of the residence, BRENT EDWARD
CARLSON, DOB: 11/30/1989. I was told by Officer Meyer that the noise level did constitute a
violation of the noise ordinance and being I had warned them, I should issue the citations.
I then spoke with Wallerich and Klehr, and Klehr said he remembered me being at the
residence in January of this year for a loud party complaint. He also said he remembered me
warning Carlson for the noise violation then and me telling him the next complaint may result in
a citation. Both Wallerich and Klehr said Carlson was not home at the time, implying he was not
aware of the loud party. Both were advised this did not matter, and I told them they would be
receiving an Administrative Citation for a noise violation.
I then went to my squad and completed the citations while Officer Meyer stayed with
them. When I returned to from writing the citations, Carlson was there and I was told he was
next door when we arrived at the residence. I then obtained his Driver's License and issued him
an Administrative Citation for the noise violation and also told him he may have to appear in
front of the City Council because of the violation.
After issuing the citations, we made sure the party was over and we cleared. It should be
noted that all three were cooperative and stated they understood the need for the citations. I also
made a copy of the report from the earlier contact which took place in February of this year, not
January as stated by Klehr.
OFFICER SIGNATURE: DATE: ct 4 ‘‘
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ST. JOSEPH POLICE DEPARTMENT
Follow -Up Report
• ICR NUMBER: 11801458 •
OFFENSE /INCIDENT: Loud Party Complaint
LOCATION OF OCCURRENCE: 120 Iverson St W
REPORTING OFFICER: Meyer, Brad 7703 DATE OF REPORT: 08/28/2011
• •
On August 28, 2011 at approximately 0220 hours, I was dispatched to a noise complaint
on Iverson Street. Dispatch advised the noise was coming from a garage in the area. Upon
arrival, I was in the intersection of Iverson Street and Morningside Loop with my window down.
I could hear loud music and also see a garage door that was open at 120 Iverson Street West. I
went around the block to make sure there were no other noises from any other garages, and
determined there was not. I pulled up to the residence and noticed several people inside the
garage with the music on.
I exited my squad car and approached the people in the garage. I asked who lived there
and I was confronted by two males, ALEXANDER MICHAEL KLEHR, DOB: 12/18/1989, and
ALEXANDER JOHN WALLERICH, DOB: 05/24/1990. I asked both if they lived there and
they stated they did and that they were renting the rooms there from a friend. I advised of the
noise complaint and asked them to turn the music down, in which they did. They asked who the
complainant was and I advised Dispatch did not give me that information. They stated they
knew everyone in the area and did not know who would have called. I advised I did hear the
music approximately a block away from the residence. Officer Magaard called me via radio and
advised he had previously warned the people at this residence for a noise violation in the past
and asked that I standby until he arrived.
Officer Magaard arrived and made contact with the homeowner, BRENT EDWARD
CARLSON, DOB: 11/30/1989. Officer Magaard subsequently issued noise violation to all three
parties. I then cleared.
OFFICER SIGNATURE: DATE:
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