HomeMy WebLinkAbout[07] Noise ViolationCouncil Agenda Item %
MEETING DATE: May 1, 2014
AGENDA ITEM: Noise Violation, 300 Old Highway 52
Ryan Lemieux
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: N/A
PREVIOUS COUNCIL ACTION: The property located at 300 Old Highway 52 does not have any
violations within the review period.
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.
The property owner has not contacted the City since the notice was mailed; however, the time period to
request a hearing has lapsed. Therefore, the property owner has indicated that a violation did occur and
the Council begins with that action.
ATTACHMENTS: Request for Council Action
Hearing Notice
Incident Reports
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.
CITY OF ST. JOSEPH
http : / /mn- stjoseph.civicpius.com
April 16, 2014
Ryan Lemieux
Administrator Rock Investments
Judy Weyrens PO Box 2155
Maple Grove MN 55311
RE: Alleged Noise Violation - 300 Old Highway 52; Unit #5
Mayor
Rick Schultz 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 1_oso property. This action is being taken because of an alleged violation of Ordinance
Renee Symanietz No. 102 of the St. Joseph Code of Ordinances. This violation is alleged to have
Dale Vick arisen out of an incident on April 11, 2014 (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, May 1, 2014 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 56374
Phone 3zo.363.72,01 Fax 32.o.363.0342
Ryan Lemieux
April 16, 2014
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, 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 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,
Judy Weyrens
Administrator
cc: Tom Jovanovich, City Attorney
Mayor and Members of the City Council
Police Chief Joel Klein
ST. JOSEPH POLICE DEPARTMENT
Investigation Report
ICR NUMBER: 14800595
OFFENSE /INCIDENT: Noise Violation
LOCATION OF OCCURRENCE: 300 Old Hwy 52, Unit 45, St. Joseph, MN 56374
SUSPECT: Cameron Keith Atkinson,
ADDRESS: 7122 West Main Street, Melrose, MN 56352
PHONE NUMBER: 230 -291 -9812 n Cell
DATE REPORTED: April 11, 2014
TIME REPORTED: 0245 Hours
DATE OCCURRED: SEE REPORT
TIME OCCURRED: SEE REPORT
REPORTING OFFICER: JANSSEN, PETER 7704
ASSISTING OFFICER(S): DEPUTY A. KLEIN 2570
On April 11, 2014 at approximately 0245 Hours, I, Officer Peter Janssen, 7704, was dispatched
to 300 Old Hwy 52, Unit #5 in the City of St. Joseph, MN, in reference to a loud music complaint.
I arrived a short time later and as I approached the garages I could hear music coming from the
complex. Upon further investigation it was learned that the music was coming from Unit #5. A
window on the east side of Unit #5 was also observed to be open.
I then noticed two people standing on the front steps Spoke with a male and female.
Ms. said she got home from work
Ms. said the music started between 0130 hours and 0200 hours. Ms. said the music
has been playing since that time. Ms. said she did not contact the landlord because the last time
she did, it made no difference because they never listened to the landlord.
I made contact with a tenant at Unit #5. The tenant was identified by his passport as
CAMERON KEITH ATKINSON, DOB: . Atkinson's eyes were bloodshot and watery. I
also smelled a strong odor of an alcoholic beverage emitting from his breath. I informed Atkinson of the
loud music complaint. Atkinson stated he lived at that residence and said that his other roommates were
all in bed. I told Atkinson that he would be receiving a citation this morning for violation of noise
ordinance. Atkinson was given a verbal warning for noise violation on March 14, 2014.
End of report.
OFFICER SIGNATURE:
DATE: �1 Zvi
CAD Operations Report
Call Detail Information
Call Number OCA Number Class Taker
Pos Call Owner Status Date - Time - Received Inj
14024838 14800595 G asrosenb
4 no data C
2014 -04 -11 02:45:50 0
Complaint Ten Code Priority
ESN Disp Zone
IRA How Received
LM no data 4
no data COUN
422 no data
Incident Location Apart/Suite Floor /Bldg
Incident City
300 OLD HWY 52
5 no data
ST JOSEPH
Caller Name Fire Run Zone Fire
Grade EMS Run Zone Telephone
Jurisdiction
Johnson, Terry SJPD
5 GOLD
320- 237 -4710 LEC
Tract 200
Weapons
no data
-j
Hazard
Fire Plan r Previous
CallRec'd Xmit Dispatch Enroute
OnScene Departed Arrived
Comp AlarmCode Unit
02:45:50 02:46:53 02:47:30 02:49:20
02:49:20 no data no data
05:02:16 no data 7704
[04/11/2014 03:39:27: MOB: 77041
SJPD ICR - 14800595
LOUD MUSIC, MISD.
UNIT 704
VIDEO /AUDIO - YES
PHOTO'S - NO
SUSPECT:
ATKINSON, CAMERON KEITH DOB:
300 OLD HWY 52, #5, ST. JOSEPH, MN 56374
712 WEST MAIN STREET,
MELROSE, MN 56352
320 - 291 -9812 CELL
T490206260213
W/M 6 -03 170 BLUE
CITATION # - 731100002335
[04/11/2014 03:33:02: MOB: 7704]
RECEIVED LOUD MUSIC COMPLAINT AT THE ABOVE ADDRESS. COULD HEAR LOUD MUSIC
COMING FROM UNIT #5 AS I APPROACHED THE GARAGES. MADE CONTACT WITH RENTER.
ISSUED CITATION FOR NOISE VIOLATION. SEE REPORT.
[4/11/2014 03:01:42 : pos4: asrosenb]
[Calls 14024838,14024842 are related.]
[4/11/2014 02:47:04 : pos4: asrosenb]
Use the back door
[4/11/2014 02:46:53 : pos4: asrosenb]
Landmark Comment: ROCK INVESTMENTS - 761 -0911
Landmark: THE PROJECTS 1 300 OLD HWY 52
Ongoing issue with Im coming from this unit.
Press Release Notes
no data
Location Comment
Landmark Comment: ROCK INVESTMENTS - 761 -0911
Department Numbers Department/RMS OCA Numbers
Department Dept Number Unit ID Department OCA Number_j RMS Jurisdiction
SJPD 14SJP00835 7704 SJPD 14800595 MN0731100
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CAD Operations Report
Call Dispositions
Descri p
no data no data no
no data no
data
Date - Time
Disposition
no data
no data no data no
no data no
2014 -04 -11 05:01:40
CITATION ISSUED
no data
2014 -04 -11 03:39:39
COMP Complete
data
2014 -04- 1103:39:39
COMPLETE
Call Log
Unit Status Date - Time Dept
Type
Comments
Officers Odometer
no no 2014 -04 -11
no
no
Reactivated
no data 0
data data 04:57:06
data
data
7704 DIS 2014 -04 -11
SJPD
POL
300 OLD HWY 52, ST
77PDJANSSE 0
02:47:30
JOSEPH
7704 COM 2014 -04 -11
SJPD
POL
COM
77PDJANSSE 0
03:39:46
7704 ONS 2014 -04 -11
SJPD
POL
300 OLD HWY 52, ST
77PDJANSSE 0
02:49:20
JOSEPH
7704 DIS 2014 -04 -11
SJPD
POL
300 OLD HWY 52, ST
77PDJANSSE 0
04:57:08
JOSEPH
7704 COM 2014 -04 -11
SJPD
POL
COM
77PDJANSSE 1
05:02:15
ja!!j Dept DIS ENR ONS LEF ARR BUS REM COM
'704 SJPD 02:47:30 no data 02:49:20 no data no data no data no data 05:02:15
Call Persons
Category Last I First I Middle
Sexj Ethnicl Hgt Wgt Age DOB OLN
I
00 - T490206260213
0 0 8/13/1994 no data
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Descri p
no data no data no
no data no
data
data
no data
no data no data no
no data no
data
data
no data
no data Yoakum Shawn Marianna no
data
no data
Sexj Ethnicl Hgt Wgt Age DOB OLN
I
00 - T490206260213
0 0 8/13/1994 no data
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