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Home My WebLink About[09] Noise violation, Novak 9 Council Agenda Item MEETING DATE: May 18, 2015 AGENDA ITEM: Noise Violation, 117 MN St E Brandon Novak SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A The property located at 117 MN St E does not have any violations PREVIOUS COUNCIL ACTION: 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 Police Chief did make contact with the property owner and discussed the incident. The police had been back to the property four times before it was eventually resolved. 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. This page intentionally left blank . �. CITY OF ST. OS�PH 1 vavrW.cityof stjoseph.com May 5, 2015 Brandon Novak 8918 Crestview Drive Administrator St. Joseph MN 56374 �udy Weyrens RE: Alleged Noise Violation — 117 MN St E Mdyo� Dear Brandon: Ri�k S�h�lrz 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 1Vlatt Killam property. This action is being taken because of an alleged violation of Ordinance Bob Loso No. 102 of the St. Joseph Code of Ordinances. This violation is alleged to have arisen out of an incident on April 24, 2015 (copy enclosed). Renee Symanietz Dale Vl/��k 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 Monday, May 18, 2015 at 6:40 PM 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 )oseph, Minnesota 56374 phone 3zo.363.7zoi Fax 320.363.o34z Brandon Novak May 5, 2015 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, one of the tenants identified by the Police Department as a tenant was 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, �,____\ 1 �'�Lf /;��'�"��`�S � G, Jud Weyrens Ad inistrator cc: Tom Jovanovich, City Attorney Mayor and Members of the City Council Police Chief Joel Klein CAD Operations Report Page 1 of 2 Call Detail Information Call Number OCA Number Class Taker Pos Call Owner Status Date-Time-Received inj 15031446 15800705 G 01 DDMUGG 4 no data C 2015-04-24 23:09:36 0 Complaint Ten Code Priority ESN Disp Zone IRA How Received LP no data 4 422 COUN 422 no data Incident Location Apart/Suite Floor/Bldg Incident City 117 MINNESOTA ST E no data no data ST JOSEPH Cailer Name Fire Run 2one Fire Grade EMS Run Zone Telephone Jurisdiction no data SJPD 5 GOLD no data LEC Tract 200 Weapons no data �-�; Images ��—, BOLO �`-�, Warrant ��W Medical j�, Hazard ;; Fire Plan �"�, Previous CaIIRec'd Xmit Dispatch Enroute OnScene Departed Arrived Comp AlarmCode Unit 23:09:36 23:10:03 23:11:06 23:19:25 23:44:06 no data no data 23:54:47 no data 7704 Narrative... [04/24/2015 23:53:47 : MOB : 7709] SJPD OCA: 15800705 CHARGE: LOUD PARTY(M) SQUAD 703 NO VIDEO NO CITE SQUAD 702 VIDEO/AUDIO YES NO PHOTO [04/24/2015 23:51:30 : MOB : 7709] SUSPECT: BELLISSIMO, SARAH ELIZABETH 01/14/1993 117 MINNESOTA ST E ST.JOSEPH,MN 56374 (C)608.852.6658 W1: 64257859351403 W/F/504/128/BLU CITATION#731100002729 NO COURT NO JAIL [04/24/2015 23:47:25 : MOB : 7708] SUSP: LARSON KAYLEE JEAN. DOB:09/17/1992 2194 VAN DYKE ST, MAPLEWOOD MN 55109 PH: UNK DL: R258126672215-MN CAUC FEMALE, 503, 130, BLU C I TATI O N:73110000268 7 COURT: NO JAIL: NO [04/24/2015 23:47:13 : MOB : 7709] RECEIVED SECOND COMPLAINT FOR ABOVE ADDRESS.ARRIVED ON SCENE AND LOUD TALKING AND YELLING COULD BE HEARD FROM 2ND AVE//MN ST E. SEVERAL COLLEGE AGE STUDENTS IN THE AREA OF THE HOUSE WALKING AWAY AS I WALKED UP. BOTH RENTERS WHO WERE PREVIOUS�Y WARNED MET AT FRONT DOOR. [04/24/2015 23:47:05 : MOB : 7709) RENTERS WERE PREVIOUSLY ADVISED IF WE RETURNED FOR THE NOISE, CITATIONS WOULD BE ISSUED. SEE OCA 15800705. BELLISSIMO DID NOT HAVE HER IDENTIFICATION ON HER, BUT I IDENTIFIED HER FROM PREVIOUS LOUD MUSIC COMPLAINT TONIGHT BY WI DL.ALSO IDENTIFIED BY ATTRIBUTES AND DOB. CITATION ISSUED AND EXPLAINED TO BELLISSIMO FOR LOUD PARTY. VERNIER [4/24/2015 23:10:03: pos4:01 DDMUGG] Landmark:JUNGLE I 117 MINNESOTA ST E http://10.160.1.19/inform/CAD/cadCallDetail.asp?c=15031446&j=LEC&oca=15800705 4/27/2015 This page intentionally left blank