HomeMy WebLinkAbout[05] Noise Violation crry OF ST JOSEPH Council Agenda Item 5
MEETING DATE: November 15,2012
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 the last noise
violation occurred on August 11, 2010.
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.
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.
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(_liA" Uscpi1 25 College Ave•PO Box 668•St.Joseph MN 56374
(320)363-7201 •(320)363-0342 Fax]
March 20,2012
Rock Investments Violation #2012-021
Ryan Lemieux Parcel Identification Number #84-53723-0000
PO Box 2155 Parcel Address 310 Old Hwy 52
Maple Grove MN 55311
Dear Mr.Lemieux:
Please be advised that the City has been notified of an alleged Ordinance violation at your property located at
310 Old Highway 52. It is alleged that your property was in violation of Ordinance 102,Noise Ordinance on
October 30,2012 as a result of a large gathering at your rental property.
The St.Joseph City Council will review these allegations and consider appropriate action. Actions can include
monetary fine,suspension or revocation of your rental license,for up to a period of twelve months. The
meeting will be conducted on Thursday,November 15,2012 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/Administmtor 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
PAY.
If you waive your right to hearing,or Wan 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 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
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 legit 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.
a
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.
If you have any questions or need additional information please feel free to contact me at 320.363.7201.
CITY OF ST.JOSEPH
Sincerely,
1Cr
Judy
A..
cc: Police Chief Pete Jansky
City Attorney,Tom Jovanovich
St.Joseph City Council
CAD Operations Report Page 1 of 1
Call Detail information
Call Number OCA Number Class Taker Pos Call Owner Status Date-Time-Received Irk.
1 12069108 , 12802084 # G LEIMWIDMER # 8 no data . C I 2012-10-28 00:1229 g Of
Complaint Ten Code Priority ESN Disp Zone IRA How Received
t LP no data 4 no data COUN 422 no data r.
Incident Location AparUSuite Floor/Bidg Incident City
I 310 OLD HWY 52 r no data V no data I ST JOSEPH n t
Fire Run Zone Fire Grade EMS Run Zone T � Jurisdiction
SJPD 5 4 GOLD LEC
—„
Tract 200 WeaP— no data x
Images BOLO Warrant Medical J Hazard Fire Plan Previous
CallRec'd Xmit Dispatch Enroute OnScene Departed Arrived Comp AiannCode Unit
100:12.29 00:14:20 I 0014:58 I 00'.16A3 V 0016:48 V no data no data 1.01:59:49 it no data i3 7703
Narrative...
[10/28/2012 01:59:46:pos4:asrosenb]
Landmark Comment:COLLEGE HOUSE
[10/28/2012 01:31:58:7708]
SJPD ICR 12802084
[10/28/2012 01:31:49:7708]
SQUAD 704.PICTURES:NO VIDEO;YES
[10/28/2012 01:28:27:7708]
AD 2204 ISSUED TO MIGUEL D MENDOZA,DOB:03/16/1992.MN OLN:H418038048213.33254
CRYSTAL SPRINGS ROAD,GRAND RAPIDS MN 55744.507,175,HZL.
[10128/2012 012624:7708]
AD 2203 ISSUED TO ROBERT JOHN SYBRANT,DOB:07/1611991.MN OLN:Q327124352512.1915
WOODDUCK TRAIL,SHAKOPEE,MN 55379.
[10128/2012 01:24:07:77081
AFTER DEAUNG WITH THE FOUR INDIVIDUALS,MYSELF AND OFFICER MEYER REAPPROACHED
THE RESIDENCE AND MADE CONTACT WITH TWO INDIVIDUALS WHO ADMITTED TO BEING
RENTERS AT THE ADDRESS.THE WERE IDENTIFIED AND ISSUED ADMINISTRATIVE CITATIONS
FOR A NOISE VIOLATION WITH A PAYABLE DATE OF 11/098012.THE TICKETS WERE EXPLAINED
TO THEM,AND THEY WERE ALLOWED TO LEAVE.THIS IS THE THIRD TIME WE HAVE BEEN
CALLED TO THIS RESIDENCE FOR A LOUD PARTY,OR HAVE NOTED A PARTY TAKING PLACE IN
THE PAST MONTH OR SO.
[10128/2012 01:21:35:7708]
I WAS UNABLE TO FIND ANYONE WHO RENTS/LIVES AT THE RESIDENCE.I IDENTIFIED 4
INDIVIDUALS WHO DID NOT RUN.ALL FOUR WERE UNDER LEGAL DRINKING AGE AND
SUBSEQUENTLY ISSUED STATE CITATIONS FOR UNDERAGE CONSUMPTION.
[10/2812012 01:20:32:7708]
ARRIVED ON SCENE AND SAW SEVERAL INDIVIDUALS STANDING AROUND OUTSIDE.MOST RAN
WHEN WE SHOWED UP.I COULD HEAR LOUD MUSIC AND VOICES/YELLING COMING FROM 310
OLD HWY 52.APPROACHED THE RESIDENCE AND WHEN I WALKED UP TO THE OPEN FRONT
DOOR MOST OF THE PEOPLE INSIDE FLED OUT THE REAR AND/OR SIDE DOOR.
[10888012 00:14:20:pos8:BMWIDMER]
A LOT OF PEOPLE OUTSIDE
DOES NOT KNOW WHO THEY ARE
DESCRIBED AS 50 PLUS PEOPLE OUTSIDE IN THE YARDS AND ON STREET
COMP FEELS UNCOMFORTABLE
Press Release Notes
no data
Location Commit
Landmark Comment COLLEGE HOUSE
httpJ rnform/inform/CAD/cadCallDetail.asp?c=12069108&}=LEC&oca.=12802084 10/30/2012
ST. JOSEPH POLICE DEPARTMENT
Follow-Up Report
• ICR NUMBER: 12802084 •
OFFENSE/INCIDENT: Loud Party Complaint
LOCATION OF OCCURRENCE: 310 Old Hwy 52
REPORTING OFFICER: Magaard,Dan 7708 DATE OF REPORT: 10/30/2012
S. •
On October 28, 2012 at approximately 0012 hours,myself and Officer Meyer were dispatched
to a loud gathering of people near the address of 310 Old Hwy 52. Upon arrival, I observed
approximately fifty college-aged individuals mulling around the outside of the buildings, and also
heard very loud music coming from the inside of 310 Old Hwy 52 and the garage area of this address.
In looking in the window, I observed several individuals, too many to count, however, my estimation
would be approximately 25-40 individuals inside of the residence and an unknown amount in the
garage. I approached the front door, knocked on the door which was partially open. The door swung
open and I illuminated the interior of the residence with my flashlight to get the attention of someone
to come to the door. Upon doing so, a majority of the individuals went to the west side of the
residence and either exited through the garage or a rear door. A few individuals remained behind,one
that I got to turn the loud music off so I could speak with them. Once the music was down,I requested
they find one of the renters of the residence, however, they were unable to find anyone. I confirmed
they did not live there and allowed them to leave. I then spoke with four other individuals, who also
did not know who the renters were, nor did they know where they were. The four individuals, three
females and one male, were subsequently verbally identified. Learning they were under the legal
drinking age, they were issued citations for underage consumption. (See 1CR's 12802085 —
12802087.)
After issuing these citations, myself and Officer Meyer approached the rental unit again and
observed two or three people inside the residence,two of which were sitting on the couch in the living
room area. Officer Meyer went to the garage,knocked on the door, and when the door was answered,
he told the individual to go get the renters,since he was told they were at the residence. I stayed at the
front door and looked in the front window, unseen by the individuals by the individuals inside of the
residence. I saw the two individuals sitting on the couch look at each other,exchange words,although
I could not hear what they were saying, and did not respond to Officer Meyer's request to go to the
door.
I then illuminated them with my flashlight and knocked on the front door, to which both male
parties came to the front door and opened it. The two males were subsequently identified by their
Minnesota drivers licenses as ROBERT JOHN SYBRANT, DOB: 07/16/1991, and MIGUEL D
MENDOZA, DOB: 03/16/1992. While speaking with the two individuals,they both admitted to being
renters there. Myself and Officer Meyer advised that this was at least the second, but believed to be
the third time we had been to the residence in the past six to eight weeks due to loud party complaints.
They were told that on the previous occasions when we attempted to locate individuals who rented at
the residence,we could not locate anyone. They were told that due to previous calls and their inability
to control the noise, both loud voices and music, and the behavior of the guests, they were issued
administrative citations for noise violations, in violation of St. Joseph city ordinance 102.2. The
citations were explained to them, and they were both allowed to leave. We advised their landlord
would be notified of the incident. After receiving the citations, both individuals were cooperative,
apologetic,and assured us there would be no further parties at the residence.
OFFICER SIGNATURE: DATE:
10/31 // 2-31
l