The URL can be used to link to this page

Home My WebLink About[05] Noise Violation, 22 Elm St E CITY OF S'I:J[R4E:1'Ei Council Agenda Item 5 MEETING DATE: May 16, 2016 AGENDA ITEM: Noise Violation, 22 Elm Street E Cory Ehlert SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A PREVIOUS COUNCIL ACTION: The property located at 22 Elm St E 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, with the assumption it is taken care of with one police intervention. 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 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 PH1 wwW.cityof stjoseph.com May 4, 2016 Cory Ehlert 427 12th Ave S E Administrator St. Joseph MN 56374 udy eyrens RE: Alleged Noise Violation — 22 Elm St E Mayo Dear Cory: Rick Sch ltz This letter has been prepared to provide you with notice and information regarding a Co n lo s proposed suspension or revocation of the rental license for the above referenced Matt 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 May 3, 2016.Renee Symanietz Dale V ick 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 16, 2016 at 6:00 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 3zo.363.o34z Cory Ehlert May 4, 2016 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 has concerns as the noise from the property could be heard several b/ocks away. The officers indicated the music and bass were so loud that the words from the music could be clearly understood as far away as Minnesota Street. In addition, fhe tenants were not cooperative and had to return to the property three times before the matter was reso/ved. For more details about the incident fee/free fo contact the Po/ice Chief, Joel Klein af 320-229-9427. If you have any questions or need additional information please feel free to contact me at 320.363.7201. Sincerely, Jr' 4 Ju We ens A inistrator cc: Tom Jovanovich, City Attorney Mayor and Members of the City Council Police Chief Joel Klein INCIDENVARREST REPORT ST. JOSEPH POLICE DEPARTMENT LOCATION: CELL 651-233-3066 22 ELM ST E ST JOSEPH MN 56374 WORK CASE STATUS: DISPOSITION 10647 ALEMEDA AV INVER GROVE HEIGHTS MN 55077 EXCEPTIONALLY CLEARED DOB AGE HOWRECEIVED: TIMEASSIGNED TIMEARRIVED 6/5/1994 RADIO 2158 2158 Cc REPORTING OFFICER ASSISTING OFFICER EYE COLOR HAIR COLOR 23432 PFANNENSTEIN, DANIEL D 22436 BRUT 315 ISN STATUTE OFFENSE DESCRIPTION N 1 2223 NOISE VIOLATION BIAS MOTIVATION PREMISE TYPE LU ERIC F 1.09817 2. 6. UCRIIBR SUSPECT ARREST DATE/TIME FORCED ENTRY UNITS ENTERED CRIMINAL ACTIVITY LL E:]1. LOCATION ARREST LOCATION SAMEAS 2. LL C LOCATION NAME Q IMPLEMENT USED TYPE ENTRY 1. 2. 1. 2. 3. ARRESTING OFFICER WEAPON USED 1. 2. NAME CELL 651-233-3066SALVERDA,BAYERTJACOBSON WORKADDRESS MN0731100 10647 ALEMEDA AV INVER GROVE HEIGHTS MN 55077 ETHNICITYDOBAGETOAGEJuvenileRACE DATE T45-03-2016 6/5/1994 21 EMPLOYER ADDRESS W U HEIGHT WEIGHT EYE COLOR HAIR COLOR CL 603 315 BLUE A CLOTHING N 2223 SMTS EMPLOYER REVIEWING OFFICER RELATED OFFENSES: ERIC F 1.09817 2. 6. UCRIIBR SUSPECT ARREST DATE/TIME DISPOSITION COUNTS ARRESTED F LOCATION ARREST LOCATION SAMEAS LUINCIDENT 1 C LOCATION NAME CHARGES ATTEMPTED 1. 2. DRUGS ARRESTING OFFICER REPORT NUMBER: CELL 651-233-3066 16800937 WORK ORI# MN0731100 RESIDENT ETHNICITY DATE FROM: 5-03-2016 TIME:09:56 PM DLN Z156250313012 DATE T45-03-2016 AFFILIATION TIME: 10:23 PM EMPLOYER ADDRESS REPORT DATE: 5-03-2016 Tue TIME:09:56 PM TYPE OF INCIDENT OFFENSE TRACT LOUD MUSIC COMPLAINT 200 EXCEPTIONAL CLEARANCE CODE EXC CLEAR DATE TIME CLEARED RELATED TO OCA 2223 REVIEWING OFFICER ERIC F UCRIIBR STATUS COUNTS DEGREE 09817 EXCEPTIONALLY 1 ATTEMPTED ALCOHOL DRUGS COMPUTER 3. METHOD OF ENTRY TYPE EXIT 3. HOME CELL 651-233-3066 WORK EMAIL SEX M RESIDENT ETHNICITY SSN HAIR LENGTH HAIR STYLE DLN Z156250313012 STATE MN AFFILIATION EMPLOYER ADDRESS 3. 4• 7. 8. JUVENILE DISPOSITION COUNTY AREA 3. 4. 5. 6. 7. 8. ADDITIONAL/CONTINUATION NARRATIVE REPORT NUMBER: 16800937 ST. JOSEPH POLICE DEPARTMENT OR1# MN0731100 NARRATIVE TITLE Narrative From CAD Complaint Type: LM - LOUD MUSIC Caller Name: GREG Officers: Officer Id: 77DDPFANNE Officer Name: PFANNENSTEIN, DANIEL Officer Id: 77EFBRUTGE Officer Name: BRUTGER. ERIC 0510312016 22,22:36 - MOB - 77111 SJPQ ICR# 16800937 LOUD MUSIC SQAUD 702 NO VIDEO NO PICS 0510312016 22:21-.48 ; MOB: 77111 SUSPECT., SALVERDA, RAYERT JACOBSON 051199 10647 ALAMEDA AVE INVER GROVE HE], MN 55077 C. 651, 233, 3066 2156250313012 WIM 603 315 BLU NO CITE Lu NO COURT NO JAIL 0510312016 22:18:47: MOB. 77111 NO VEHICLE INFO z 0510312016 22:1 SA 3 M013: 77111 IWAS DISPATCHED TO AOMPLAINT OF LOUD MUSIC. I ARRIVED ON SCENE AND FOUND A DJ IN THE BACKYARD OF THE HOUSE. I MADE HIM TURN DOX-"JN THE MUSIC TO ATOLERABLE LEVEL AND MADE CONTACT VATH RENTER LATER IDENTIFIED AS SALVERDA. I INFORMED HIM %,,)E HAD A COMPLAINT AND THE MUSIC WAS TO STAY DOWN OR HE 14OULD BE ISSUED A CITE FOR SOCIAL HOST. HE SAID HE WOULD TURN THE MUSIC OFF- NOTHING FURTHER- PFANNENSTEIN #7711 15)3Q016 21157:41 - pos8 , 01CLGoitzi Landmark DEPOT 122 ELM ST E LOUD MUSIC OUTSIDE THIS ADDRESS INCIDENVARREST REPORT REPORT NUMBER: 16800939 ORI# MN0731100ST. JOSEPH POLICE DEPARTMENT DATE FROM: 5-03-2016 TIME:10:52 PM DATE T45-04-2016 TIME:09:37 PM REPORT DATE: 5-03-2016 Tue TIME:10:52 PM LOCATION: TYPE OF INCIDENT OFFENSE TRACT 22 ELM ST E ST JOSEPH MN 56374 LOUD PARTY COMPLAINT 200 CASE STATUS: DISPOSITION EXCEPTIONAL CLEARANCE CODE EXC CLEAR DATE ARREST OF ADULT/ADULT AND HOWRECEIVED: TIMEASSIGNED TIME ARRIVED TIME CLEARED RELATED TO OCA 0 RADIO 2253 2254 2137 REPORTING OFFICER ASSISTING OFFICER REVIEWING OFFICER 22436 BRUTGER, ERIC F 23432 PFANNENSTEIN, DANIEL D ISN STATUTE OFFENSE DESCRIPTION UCR/IBR STATUS COUNTS DEGREE 1 NOISE VIOLATION 109817 ARREST OFLLI 1 BIAS MOTIVATION PREMISETYPE ATTEMPTED ALCOHOL DRUGS COMPUTER FORCED ENTRY UNITS ENTERED CRIMINAL ACTIVITY Y9 LL I 1. 2. 3. IMPLEMENT USED TYPE ENTRY METHOD OF ENTRY TYPE EXIT WEAPON USED 1. 2. 3. ADDITIONAL SUSPECTS REPORT NUMBERI 16800939 ST. JOSEPH POLICE DEPARTMENT ORI# MN0731100 ADDITIONAL SUSPECTS REPORT NUMBER: 16800939 ST. JOSEPH POLICE DEPARTMENT ORI# MN0731100 NAME HOME CELL ADDRESS WORK EMAIL DOB AGE TO AGE Juvenile RACE SEX RESIDENT ETHNICITY SSN El U HEIGHT WEIGHT EYE COLOR HAIR COLOR HAIR LENGTHHAIR STYLE DLN STATE W IIA CLOTHING AFFILATION LA SMTS EMPLOYER EMPLOYER ADDRESS RELATED OFFENSES: 2. 3. 4. 6. 7. 8. SUSPECT ARREST DATE/TIMEDISPOSITION JUVENILE DISPOSITION ARRESTED LOCATION ARREST LOCATION COUNTY SAME AS AREA INCIDENT LOCATION NAME CHARGES t. 2. 3. 4. 5. 6. 7. 8. ARRESTING OFFICER ASSISTING OFFICER ADDITIONAL/CONTINUATION NARRATIVE REPORT NUMBER: 16800939 ST. JOSEPH POLICE DEPARTMENT OR1# MN0731100 NARRATIVE TITLE Narrative From CAD Complaint Type: LIP - LOUD PARTY Caller Nanta: REFUSED Officers: Officer Id- 77DDPFANNE Officer Name: PFANNENSTEIN, DANIEL Officer 1d: 77EFDRUTM Officer Name. BRUTGER. ERIC 05/04/20141 21:36-05 - MOB: 77041 UPDATE* I WENT TO 22 ELM ST E AN 0 CONTACTED C RITC HLEY-M ENO AMICI WALSH- I GAVE VII=I THE CITATIONS FOR THE NOISE VIOLATION. I TOLD THEM THEY N EE DED TO PICK UP THE YARD, THE YARD HAD PLASTIC BEER CUPS AND TRASH LAYING AROVND.THEY SAID THEY HAD A BUSY DAY AND WOULD PICK IT UP. P1412016 2122:28 -, pos4 : 01TLDINND0j FUP NO NEED FOR RADIO CHECKS 05M12016 08:13-34 -. MOB : 77041 SJPD-16800939 NOISE VIOLATION SQUAD 704 VIDEO YES 0702) PHOTOS NO Lu 051041201f) 08:11.05 : MOB : 77041 ADDITIONAL/CONTINUATION NARRATIVE REPORT NUMBER: 16800939 ST. JOSEPH POLICE DEPARTMENT ORW MN0731100 NARRATIVE TITLE Narrative From CAD 0510412016 00:25:52: MOS; 77041, VEHICLE INFORMATION NONE Lu 05M412016 00:25.39: MOB : 77041 I WAS ENROUTE TO 22 ELM ST E BECAUSE I COULD HEAR THE MUSIC FROM THE RESIDENCE OVER ON er MINNESOTA ST. AS I WAS ARRIVING ON SCENE DISPATCH SENT OUT ANOTHER NOISE COMPLAINT ABOUT THETHESAMERESIDENCE. SPOKE WITH THE RENTERS ANLL TOLD THEM THEY NEEDED TO BRAKE UP PARTY, THEY SAID THEY JUST GOT A CALL FROM THE LANDLORD AND THEY WERE TURNING IT DOWN. I Z WROTE CITATIONS FOR NOISE VIOLATION, 05M4/2016 00:07-45 -. MOB : 77111 I WAS ON PATROL WHEN WALKING DOWN THE SIDEWALKA HEARD LOUD MUSIC COMING FROM THE DIRECTION OF THE LOUD PARTY WE TALKED TO EARLIER. I CALLED THE LANDLORD OF THE HOUSE TO ADVISE HIM OF THE ISSUE. APRRO)UMATELY 5 MINUTES AFTER MY CALL WE RECEIVED ANOTHER LOUD PARTY COMPLAINT AT THAT SAME RESIDENCE. 5/3Q016 22,52:57, pos6 - OISMHOUISENJ Landmark HOLIDAY STATION 1304 COLLEGE AV N LOUD PARTY AT' THE HOUSE NEXT TO HOLIDAY This page intentionally left blank