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HomeMy WebLinkAbout[07] Noise Violation Council Agenda Item 7 MEETING DATE: April 16, 2018 AGENDA ITEM: Noise Violation, 314 and 316 Old Highway 52 Bob McManus SUBMITTED BY: Administration/Police BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A PREVIOUS COUNCIL ACTION: The property located at 314 and 316 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 makes 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 landlord did make contact with the City upon receiving the notice of violation and he is not disputing the police citation and he informed the tenants that they are to have no additional parties. Mr. McManus has managed his properties well over the years and has been cooperative with the police department. Included with the information is a warning letter that was sent to Mr. McManus for a noise warning in September of 2017. Warnings are not held against the rental license and the officer has discretion to either warn or issue citations. Since the property already had one warning, the most recent police call resulted in a noise violation. ATTACHMENTS: Request for Council Action Hearing Notice Incident Reports Warning Letter 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 www.cityofstjoseph.com April 2, 2018 Mr. Robert McManus 6565 Riverview Loop NW Administrator Sauk Rapids MN 56379 Judy Weyrens RE: Alleged Noise Violation —314 and 316 Old Highway 52 Dear Mr. McManus: Mayor This letter has been prepared to provide you with notice and information regarding a Rick Schultz proposed suspension or revocation of the rental license for the above referenced properties. This action is being taken because of an alleged violation of Ordinance No. 1002 of the St. Joseph Code of Ordinances. This violation is alleged to have arisen out of an incident on March 17, 2018. See attached report. On September 4, Councilors 2017 you were notified that the tenants at both properties identified above received Troy Goracke a warning for noise. The letter further stated that all noise violations are forwarded Matt Killam to the City Council for disposition. Bob Loso Dale Wick 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, April 16, 2018 at 6:00 PM in the St. Joseph Government Center, 75 Callaway St E. 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 75 Callaway Street East • Saint Joseph, Minnesota 56374 Email cityoffices@cityofstjoseph.com Phone 320.363.720I Fax 320.363.0342 Mr. Robert McManus April 2, 2018 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. If you have any questions or need additional information please feel free to contact me at 320.363.7201. Sincerely, ci,C-/ -e,1_) Ju•i, We rens A. inistrator cc: Tom Jovanovich, City Attorney Mayor and Members of the City Council Police Chief Joel Klein Police Officer Report Damhof 18800646 77081 3/17/20181 316 Old Hwy 52 !Noise Violation EI WAS FLAGGED DOWN BY A MOTORIST WHO SAID HE WAS DRIVING 1 EB ON CO RD 75 WHEN SOMEONE FROM THE PARTY THREW A GLASS 1 1 1BOTTLE AT HIS CAR.HE WAS VERY UPSET AND I ADVISED HIM WE WOULD ADDRESS IT.WE BROKE UP THE PARTY AND SPOKE WITH THE 1 RENTERS OF BOTH 314 AND 316.BOTH HAD BEEN WARNED OF LOUD PARTIES BEFORE AND 314 RENTERS RECEIVED CITATIONS FROM 7708. MYSELF AND SEVERAL OTHER OFFICERS FROM ST JOSEPH PD RESPONDED TO A LOUD PARTY AT THE ABOVE LOCATION.WE ARRIVED AND THERE WERE A LOT OF PEOPLE LEAVING THE AREA OF 1THE PARTY,AND THERE WAS STILL 50+STILL BEHIND THE BUILDING. THE NOISE FROM THE PARTY COULD BE HEARD FROM THE STREET, AND WHILE DRIVING UP TO THE ADDRESS.TWO RENTERS WERE HOME AND THEY WERE CITED FOR NOISE/PARTY VIOLATION.THEY I 1 1 WERE COOPERATIVE AND UNDERSTOOD WHY THE CITATION WAS ISSUED. I 1 1 Perry j 18800646 77081 3/17/20181 316 Old Hwy 52 Noise Violation ,I WAS FLAGGED DOWN BY A MOTORIST WHO SAID HE WAS DRIVING 1 EB ON CO RD 75 WHEN SOMEONE FROM THE PARTY THREW A GLASS BOTTLE AT HIS CAR.HE WAS VERY UPSET AND I ADVISED HIM WE WOULD ADDRESS IT.WE BROKE UP THE PARTY AND SPOKE WITH THE 1 RENTERS OF BOTH 314 AND 316.BOTH HAD BEEN WARNED OF LOUD PARTIES BEFORE AND 314 RENTERS RECEIVED CITATIONS FROM i 17708. MYSELF AND SEVERAL OTHER OFFICERS FROM ST JOSEPH PD RESPONDED TO A LOUD PARTY AT THE ABOVE LOCATION.WE ARRIVED AND THERE WERE A LOT OF PEOPLE LEAVING THE AREA OF 1 1THE PARTY,AND THERE WAS STILL 50+STILL BEHIND THE BUILDING. 1 THE NOISE FROM THE PARTY COULD BE HEARD FROM THE STREET, 1 I 1 1 AND WHILE DRIVING UP TO THE ADDRESS.TWO RENTERS WERE 1 1 1 HOME AND THEY WERE CITED FOR NOISE/PARTY VIOLATION.THEY11WERECOOPERATIVEANDUNDERSTOODWHYTHECITATIONWAS1 ISSUED.i 1 1 1 1 IE• liaLtudimat CITY OF ST. JOSEPH www.cityofstjoseph.com September 9,2017 Robert McManus 6565 Riverview Loop NW Sauk Rapids MN 56379 Administrator RE: Rental License—Noise Warning Judy Weyrens 314 Old Highway 52 Saturday, September 4, 2017 Mayor Dear Robert: Rick Schultz Please be advised that the tenants at your rental property located at 314 Old Hwy 52 received a warning for noise on September 4, 2017. While the tenants were cooperative and the matter was resolved, it was still a violation of the Ordinance. The tenants that were present were Councilors notified that they have received their one only warning and if the Police have to come back to the property again during the school year,not only will they receive a citation for the Troy Goracke violation,the landlord will receive one as well,placing your rental license at jeopardy. Matt Killam Bob Loso The Council works on balancing the competing interests,but over the past couple of year's Dale Wick residents have expressed concern that weekend behaviors during the school year have become unacceptable. Noise levels,vandalism and dis-respect for property have risen. The City has been working with the College/University representatives to help educate the students on what it means to be a good neighbor. Unfortunately we are at a point where enforcement is the only option to change behaviors. Therefore,we are notifying you of the event that happened on Saturday, September 4 and that the tenants have been placed on notice. A copy of this letter will also be forwarded to the following tenants(through the Dean of Students at CSB/SJU)based on the list that you have provided with your rental license: Blake Ekblad Andrew Perry Nick Riley Brett Templin John Fesenmair All violations of the Noise Ordinance are forwarded to the City Council for review and disposition. The disposition can include anything from a fine to suspension or revocation of your rental license. The City appreciates the investment you have made in the community and we want you as well as the tenants to be successful; however,the Council needs to balance the interest of all 6,800±residents. It is important for you to know that the College of St. Benedict and St. John's University takes this matter seriously and they also meet with the students when they are involved with an incident involving the police and students have another set of consequences to manage. 75 Callaway Street East• Saint Joseph,Minnesota 56374 Email cityoffices@cityofstjoseph.com Phone 320.363.720I Fax 320.363.0342 Please feel free to contact me by phone at 320-363-7201,by email at jweyrens@cityofstjoseph.com or by stopping in the office. You can contact Police Chief Joel Klein by phone at 320-363-8250, option 2, by email at jkleinna,cityofstjoseph.com, or by stopping at the office. Sincerely, Jud Weyrens A inistrator cc: Jodi Terhaar, Dean of Students, CSB Mike Connolly, Dean of Students, SJU ALMA& CITY OF ST. JOSEPH-I www.cityofstjoseph.com September 9,2017 Robert McManus 6565 Riverview Loop NW Sauk Rapids MN 56379 Administrator RE: Rental License—Noise Warning Judy Weyrens 316 Old Highway 52 Saturday, September 4,2017 Mayor Dear Robert: Rick Schultz Please be advised that the tenants at your rental property located at 316 Old Hwy 52 received a warning for noise on September 4,2017. While the tenants were cooperative and the matter was resolved, it was still a violation of the Ordinance. The tenants that were present were Councilors notified that they have received their one only warning and if the Police have to come back to the property again during the school year,not only will they receive a citation for the Troy Goracke violation,the landlord will receive one as well, placing your rental license at jeopardy. Matt Killam Bob Loso The Council works on balancing the competing interests, but over the past couple of year's Dale Wick residents have expressed concern that weekend behaviors during the school year have become unacceptable. Noise levels,vandalism and dis-respect for property have risen. The City has been working with the College/University representatives to help educate the students on what it means to be a good neighbor. Unfortunately we are at a point where enforcement is the only option to change behaviors. Therefore,we are notifying you of the event that happened on Saturday, September 4 and that the tenants have been placed on notice. A copy of this letter will also be forwarded to the following tenants(through the Dean of Students at CSB/SJU)based on the list that you have provided with your rental license: Austin Miley Harrison Gronel Brady Damhif Paul Flanagan Ted Christian All violations of the Noise Ordinance are forwarded to the City Council for review and disposition. The disposition can include anything from a fine to suspension or revocation of your rental license. The City appreciates the investment you have made in the community and we want you as well as the tenants to be successful; however,the Council needs to balance the interest of all 6,800±residents. It is important for you to know that the College of St. Benedict and St. John's University takes this matter seriously and they also meet with the students when they are involved with an incident involving the police and students have another set of consequences to manage. 75 Callaway Street East• Saint Joseph, Minnesota 56374 Email cityoffices@cityofstjoseph.com Phone 320.363.720I Fax 320.363.0342 Please feel free to contact me by phone at 320-363-7201,by email at jweyrens@cityofstjoseph.com or by stopping in the office. You can contact Police Chief Joel Klein by phone at 320-363-8250, option 2,by email at jkleinnu cityofstjoseph.com, or by stopping at the office. Sincerely, F JE ly y Weyrens dministrator cc: Jodi Terhaar,Dean of Students,CSB Mike Connolly,Dean of Students, SJU