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AF-CE - 43596. _, ,..�_ : � , . �� x�� ;� �� . �.w.. ` r�� 4 �l� "1'� .�':^� t 4 �� . � ��: .�z , .� �� ,�� ` �^. _v .: v .� ,' May 16, 1978 : �,_. �;:: �;. `'�w_ •�;, - 6A31 UNIVERSITY AVENUE N.�., FRIDLEY, MiNNES07A 55432 Mr. John Ness e� 6425 Baker Street I3.E. �'�`` Fridley, MN 55432 TELEPFSONE ( 812)571-3450 Re: Landscaping Home Occupation at 6425 Bak.er Street N.E. Dear Mr. Ness: It was confirmed by an on site inspectian on May 10, 1978 that you were operating a].andscaping i�ome occupation at yo�ar resiclence. Said inspection found two dump trucks and one flat bed trailer stored on your pro;�erty. Section 205.02 of the Fridley City Code defines a home occupation as, "Any gainful occupation or professian engaged in by the occupant of a dwelling at or frcan the c3welling when carried on within a dwelling unit and not in an acrpssor.y building, and which is clearly incidental and secondary to the residential use of the premises ancl does not change the cl-iaracte.r thereof , pravided that no signs other than those normal.ly u�ilized in a residential district are present, no stock in trade is stored outside the building, c�ver the counter sales are not involved, and entrance to the home eccupation is gained from within the structure. Such use includes professional offices, minor repair services, photo or art studios, dressma3cing, or teaching and similar uses; however a home occupation shall not be interpreted to include tourist homes, restaur.ants, or similar uses. Teaching shall be limited to four (4j student� at any given time. No home accupation shall be pern�itted t..lzat results in the need for more than two (2) parking s�aces at any given time in addition tu spaces required by the occupant (family). Occupations requiring the hiring of employees other than members of the immediate family shall r�at quali.fy as home occupations." In addition, Section 506 of the City Code does noi� allow the parking of commercial vehicles (the dump trucks and flat bed trailer, etc.) in a residential district. Therefore, the City must require yau to bring your property into complian ce with the above listed sections of the City Code. A reinspection will be ��nducted on or about ten (10) days from the date of this letter to determine compliance. y �.3 � 7 j �'��° r,at� � �i . �s. -,� %��,�,�e y . �. . .� Mr.. 3ohn Ness .` ' � ' 6�25 Baker Street N.�. �� ,'' May 16, 1978 Page 2 We are confident in your cooperation and desir e to make Fridley a better cornmunity to work and live in and if any questions or problems arise from this letter, please contact me at 571-3450. Failure to abate this violation may result in this matter being turned over to the City Prosecutor for his legal consideration. Sincerely, STEVE J. OLSON Envir onm en tal Of f ice r SJO/mh , �} , � ( ' _ �'� �-�-� S i i -3GYS f',J�(.2/V ��-r� �j�� - �`��-� ��'-�'Q� a�, �� '�Yf..O._r��A�� I � �`� ,��il� �I/�.�.. �.... ._�,.�.,,k ,,.��""�.� ��\ � `,u„�' ,Q'u,.``` ' �4uy- ' A �,- �Q v�u.�., � C�%�'` .) G�; � -c�- (1%".i:�t' % � ti� � �►t ,�-�� ,:�. � ,,,_,�r �� y� <�`� � z .% /� I2�P �.% ��s �--� � �(� . I� �� c � �,� r-,�r� �:� T. _ . � �,.a�,_��y �o, 3� �Y.- A � ♦ 1% 1�7/�� To�._ GY,. /%�J �/ � �'� - , �� a w �-z:-.�� ;�,��,.. . �5�� '�?� �� . �� pe �. -'�'!�'� � .�� ;c ; ',.e -�w. �...«.. � awlk.'� - ::. � y� C M � p it � r, '� y f.I .��'�'��. "'�` .'.1YsT � c�� "� ,� � r Jr-� / 'r+-.. �1 L"��`` �o��z�,/��c ��(�, z1)G^" �� i`'�� ,F'� %� �� - , � r� � 4.� -` CLERK OF COUNTY COURT Anoka County, Minnesota RAYMOND NILSSON, Clerk May 1, 19 81 D �I4�I,�� D � � MFY 4 1981 COLUMBIA HEIGHTS OFFICE: Columbia Heights City Hall 590 - 40th Avenue Northeast Columbia Heights, Minn. 55421 Phone: 788-9748 al�t�� Ci� � i• L f L� Cf t��"`� ��/QI d6�� 7�r��EYS - AZ �'or YQar lnf � r�u J o h n N e s s �C�a�On 6425 Baker Street NE Fridl ey, DiN 554 32 RE: State of Aiinnesota vs Ness F 522 430 - Mai�ain a Commercial VEhicle in REsidential Neighborhood Dear Sir: This is to inform you that the Court has found you "GUILTY" of the violation of the ordinan,ce and imposes a penalty of a fine of $100 or thirty days in jail. The Court will stay the sentence for a period of six months on condition that there are no further violations of this ordinance. Enclosed is a copy of the Court's memorandum. Very truly yours, ,� ! r ' c �.,:' �,_ .L ,. �i_-_ • Carmela Sandell, Deputy Clerk CS/ Enc. CC: Carl Newquist. Prosecutor ,. �� STATE OF MINNESOTA COUNTY OF ANOKA State of Minnesota, Plaintiff, -vs- John Ness, Defendant. PROBATE-COUNTY COURT CIVIL-CRIMINAL DIVISION FILE NO. 5�2 430 MEMORANDUM ' Mr. Ness appeared on April 30, 1981, on a charge of violation of the Ordinance 506.04, maintaining a commercial vehicle in a residential neighborhood for longer than 24 hours. The defendant admitted that he had the dump truck on the property and that it was there for more than 24 hours, and that it could be considered a commercial vehicle. The Court finds that the City of Fridley had the right to.adopt this ordinance, that it was a valid ordinance, and tha't therefore the defendant was guilty of violation of , the ordinance. � The Court will, accordingly, find the defendant guilty of the violation of the ordinance and impose a penalty of a fine of $100.00 or thirty days in jail. The Court will stay the sentence for a period of six months on condition that there are no further.violations of this ordinance. • a Dated: May l, 1981 � /, 1��✓-�' � � /vr�*v ames T. Knutson Judge of County Court -. � - July 30, CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 1981 Mr. John Ness 6425 Baker Avenue N.E. Fridley, MN 55432 TELEPHONE ( 612)571-3450 Re: Junked, Street Inoperable Vehicle Stored at 6425 Baker Avenue N.E. Dear Mr. Ness: It was confirmed by an on-site inspection on July 30, 1981 that you were maintaining a blue van, with expired Minnesota. license #YE 82 156, on the above listed property in a junked, street inoperable condition. Chapter 123 of the Fridley City Code requi.res that all vehicles in the City be currently licensed and in a street operable condition. An alternative is to store said vehicles within a building or at an appraved location, e.g. a licensed junk yard. Therefore, the City must require you to resnove said vehicle frora this property or bring it into canpliance with the City Codes by either licensing and putting the vehicle in a street operable condition, placing it within the conf ines of a building, or r�noving it to an approved location. A reinspection will be conducted on or about August 10, 1981 to determine compliance. We are confident in your cooperation and desire to make Fridley a better community to live in. If any questions or problems result froan this letter, please feel free to call on me at 571-3450. Failure to abate this violation may result in this ruatter heing turned over to the City Prosecutor for his legal consideration. Sincerely, STEVEN J. OLSON, R.S. Enviroranen tal Of f ic er SJO/mh � y _ � ,' DATE: SUBJECT: lYom tY 8esi d NASII[ QVRESi� C1TY YANAG�'S OFFICE June 29. 1983 Complaint by ��, Re Trucks and Garbage on �j ni ni ng Pro; eTty (,�'hrou,�h Councilman Schneider) TO MEMORANDUM JF-186 �� complained to Councilman Schneider that at 6425 Baker Street there are trucks and garbage and he has called the City Hall and the City Hall staff has been very uncourteous. Please look into the matter. If there are any violations see that we follow our appropriate process. If there are no violations, but the situation still needs some improvement, please request the property owner to minimize the problem. Thank you for your assistance. NMQ/ms T0: City Manager DATE: July 1, 1983 We have investigated the complaint and sent a letter to the property owner. We attempted to read the letter to him as we understood he is illiterate. We will attempt to meet with him and explain the problem and obtain compliance. JGF/mc cc: Steve Olson July 13, 1983 I made an on-site inspect.ion on July 12, 1983 and all the vehicles are currently licensed and the material that was in the front yard and driveway has been removed. There is s ane construction material in the rear yard, Mr. Ness feels he is being harassed by the City and h�is neighbors and he feels he has cbne all he needs to to make everybody happy. SJO/ath I .�� i - June 30, 1983 CITY OF FRI�LEY 6431 UNIVERSITY AVENUE N.E., FiiIDLEY. MINNESOTA 65432 TEIEPHONE ( 812)571-3450 Nr. John Ness 6425 Baker Street N.E. Fridley, !4n 55432 Re: RePuse � Debris Stored at 6425 Baker Street N.E. Dear Nr. Ness: r� 32�`� J ' If xas confirmed by an on-site inspection on June 29, 1983 that you �ere maintaining varying amounts of refuse, debris and equipment on your property. The inspection on that date found an old oil tank, numerous tires, vebicle batteries, scrap metal � xood, eardboard, earpet pad, driveshafts, transmissions� exhaust pipes, an engine, and four Travenol equipment units deposited or atored in qour driveWay or trucks. Section 113� Refuse Disposal, of the City Code does require that all refuse and debris be atored in approved containers and be removed f rom your property at least once a t�eek. Therefore, the City must require you to clean and maintain your property free of all refuse� junk � debris� and dispose of this material at an approved location� e.g. a aanitary landPill. To determine eompliance with this letter, a reinspection xill be eonducted on or about July 11, 1983. The City is eonfident in your eooperation on this matter and iP any questions or problems result from this letter, pleae feel free to call on me at 571-3u50. Failure to abate this violation may result in this matter being turned over to the City Prosecutor for his legal consideration. . Siacerely� STE{T J. OI.SON, R. S. Environmental OPfieer SJO/mh ,,,7;;+, _ ,..... � "�'�J ,�.• �l./" /�-- �S ?.t" �.�-kn �y`'�IC T� _ � � � . ��- . ,: �� a� , �`"�` , �`j • ...,Y. � , , _ r� � � . r� .. - �r � � � ._ �'. �.�* -r��r- '� � / M i �-5� . - ..._.`� �CZ; � � � . s�. � ,:�,r ' � NtY�'.��. . .c �t�•:�:�.Y.:a � POt�GClO� D3t�7661Z +� _ CIiYOF FIZiDLEY CIVIC CENTER • 6�31 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE 1612) 571_?�350 t .t � May 16, 1985 Mr . John i�less 6425 Baker Avenue N.E. Fridley, IrN 55432 Re: Noncompliance � the Fridley City Gode at 6425 Baker Avenue N.E. Dear Mr. Ness: At present your property at 6425 Baker Avenue does not meet the minimum standards neoessary to maintain a pleasant and healthy suburban envirornnent. It is through the canplianoe o� the City Code that the City can attain those values so essential for continued grawth and development, The City has established codes to control the accumulation of debris and refuse, the storage of materials and eguipment, the storage of unoperable or unlicensed vehicles and the proper maintainanae of buildings and property. While major code requirenents are satisfied at your property, th.� follawing items do not comply with the performanoe standards of the City cocie: 1. I��ove the exoess oonstruction materials from the site or locate them in an approved structure in the rear or side yard. 2. Renvve all unlioensed and unoperable vehicles fran the site An inspection will be conducted on or about June l, 1985 to verify that the appropriate action has been taken to oorrect these deficencies. If you have any questions or o�noerns regarding this matter, please contact me at the Fridley Civic Center, 571-3450. Sinoerely yours, Philip S. Do��er Plannin9 Assistant JR-1 C-85-124 3/5/18✓6 • �' , ^� . r .: � � ; +�� ,. �' . .:. � � �. ,. �: . .�•� ,,�� _ � �� _ Y . . - � � ' .,_ .. e `�`� � l� - � � a ,.. ;.�, . . ,,, . 1 K _ �k' � :�'�a�.; ., . _:.�,� �, � � � �� .�j.�. � ��.�l�. � ,.� _ L� , � .'r'P.,'cy;; ,. IL' �3 ,� ' _ C[IYOF - FRtDLEY � CIVIC CENTER • fi431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (61�) 571-345p July 6, 1986 John Ness 6425 Baker Street N.E. Fridley, MJ 55432 -RE• Non-C�nplianoe of the Fridley Gity O�c3e at 6425 Baker Street N.E. Dear Mr. Ness: pn July 2, 1986 it was o�nfi�aned b� an on-site insPection that the property at 6425 Baker Street N. E. cbes not meet the mirumtm stanoards necessary to maintain a pleasant ano prosperous suburban environment. While major code requirements are satisf iea, the following items do not comply with the performanoe standards of the Gity O�oe: 1. Debris stored in trucks and step van located in the front driveway. 2. Debris in and around the the rabbit cages and the concrete pit in the rear yarb. Please ciispose of the debris properly. Your o�operation wi11 be appreciated. I u�derstand that there may have been some extenuating circ�unstanoes for this to have occurred, however, your quick action to oorrect this situation would be a great impravane�t for your property and the entire oatununity as well. An inspection will be conducted on or about July 21, 1986 to determine oanpliance. If you have an€y questions or oonoerns, please feel free to �ntact me at the Fridle,� Civic Center, 571-3450. Sinoer ely, Richard W. Wiersr� Cbcye Enf or oement Fdn1W/]mn C-86-291 � �,. '� , ''M � �,�.��'.'�. i-� � �� ,�. -�� r�= . __. �.,�.. ::,,�. ..� =� ; �� . �> �_ . :,;;«_� �,,. 'i�' y� ' ''.".:L' • �.. . '� � ' � � � � 1 i , - �' , � � . . � PLANNING DIVISION *� cinroF MEMORANDUM FRIDLEY - e MEMO T0: Jock Robertson', Community Develop ent Director MEMO FROM: Ric Wiersma, Code Enforcement � MEMO DATE: July 9, 1986 REGARDING: John Ness and his Property at 6425 Baker Avenue N.E. Mr. Ness was in City Hall today complaining to Debbie Mootz, Myra Gibson and Lynda Averette about the July 8, 1986 letter I sent him. On July 2, 1986 I spoke to Mr. Ness about his property. After walking around his yard with him I informed him about the fact that he should remove debris from a former rabbit coop, a cement enclosure area in the back yard and from the trucks and step van in the front driveway. He became beligerent and said that he will sue me and the City to find out who is complaining and then sue the complainer and run them out of the City. I informed him that all he needs to do is remove the debris and apply for a building permit when necessary(he does have a lot of construction on his property). I was out there last fa1T and t:e said he wou�� clean up the debris and would build a garage in which he could store the vehicles. My July 2, 1986 visit was a follow-up to see if there was a garage. When I came back to the office one of the neighbors said they were glad I was out there talking to Mr. Ness. The people in the neighborhood are fearful that Mr. Ness will find out that they are complaining so they are reluctant to call. Mr. Ness has recieved previous letters about his property: May 16, 1985, July 30, 1981, May 16, 1978. On April 30, 1981 Mr. Ness was found guilty of maintaining a commercial vehicle in a residential area. A$100 fine or 30 days in jail sentence was stayed for six months. On August 28, 1979 Darrel Clark issued a stop work notice for a storage building in the rear yard. RWW/dm M-86-151 � cc: Nasim Qureshi, City Manager William Nee, Mayor � �� _ . . • .. L� �.�w -.. r . � .� . M 1..:,i_:> ° ,T. �. _ C�TY OF FRIDLEY CIVIC CENTER • 6431 UNIVERS[TY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 July 25, 1986 John ivess 6425 Baker Street N.E. Fricil�, NN 55432 RE: Seoond Notioe of Nori-Cor�plianoe of the Frialey City Coae at 6425 Baker Str cet N. E. Dear Tir. Ness: On Ju�y 21, 1986 a seoond inspection of your property at 6425 Baker Street I�.E. re�ealed that it still c�oes not ��ly witi� tne �riormance stanaarcis establisnea witt,in the City Go�. Zl�e following iter�s still do not com�ly witt� tr�e City Cooe: 1. Debris storea in trucks garked in drivaaay. 2. Debris in rear yard. Regaraless of extenuating circunstances, this situation must be correcteu prcr-��tly to n�aintain a pleasant ana healthy enviror�ent. A thira ins�ection will be canducted on or about August 14, 1986 at which time it is expected tnat these iteias a�Fill be in con�pliance. If corrective action cannot be com�leted by this time, please sub,-�it a scheoule indicating when this aericiency will be correcteu. St�ould a third no�ice be necessary, and you have r�ot contacted me, I will sul�nit all recoras re�raing ttiis matter to tr,e City Cauncil wtio can apprave legal action. It you have ariy questions ooncerning this matter please contact me at tne Fricilel� Civic Center, 571-3450. 73�ank you for your �rc�pt attention to tr,is r�Gtter . Sincerely, Richard ti . wiersaa Coc3e Enf orcer�ent i�'W/lm,n C-86 326 _ CITYOF FR[DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 August 1, 1988 Mr. John Ness 6425 Baker Avenue N. E. Fridley, MN 55432 Re: Unfinished Shed and New Fence at 6425 Baker Avenue N.E. Dear Mr. Ness: On July 29, 1988 it was noted that your shed, that was started in 1979 autha.rized.by Building Permi;t #].5423, is still not properly f inished on the exterior. Please recall that on the permit it was specified that the exterior had to be completed. Would you please complete this project on or bef ore September 1, 1988 when a follow-up inspection will be made. It was also noted that yau are in the process of constructing a new fence. Please be advised that the maximiun height of a residential fence is 7 feet. Your cooperation in these matters wili be appreciated. If you have any questions, pl�ase feel free to contact me at 571-345Q. 5incerely, � �r; � . D . CLARK Chief Building Official DGC/mh '� _ � � � � / � t��i,e � .�� w � �.��d ; , � ��Y=� .�� /3�� _ � ' �� r� � �L�� ,`�-�'r�� =� C� �%'n � - ,��1� � __ _ „��=y'�� - ; � � ' � �� •/�Zd ,` ��'� ✓ _ �� 6�2.� �N�_. .�� -� ��e�-�-C� G��' �C'��=� r� /j�� - - � ��j 1�--�.�2j� %i' � .�� z,F-u�i _ �� _ if��J�� . _ _ . _ l v � C �� G�-�� .,C�� -� , �1 _ ' _ ..� � ,e�-� �,�z �-��a�� 7�?� �%��-� � � ��?�-d'-Z�� .�� 2�z,e _ a� �� .�'-,2�- �'��.�' ��-�'�-r.�B � �, �u'�'�/.�'zj�z..e.1,��Z�� _ �� . ..��JZ� .�� v�-�2,� � ;� r�:�� ` , �,�_��u� -��z�� G��,� � . . - ��z-�-�/�� :�'� ;� . , f �.�'� , �� _, � ,��-�:�':� ..� ,��_.��..� �i �. � �� :�� u��e z� _ _ .-� �C�� _i , J��J � �� «�� .� � � �� _ ,.?.(/L 1 � �� ..�' -1�-� �� e� �� . �ti�`"�j ��/� L.��-".�� G� �� . �% ��-a-�-i � �G�,��C�Q�1/ ..C��!`�-U � �G�-G,�i ,�� .�-C�'�� .e;�c%yz!-� � �� /l�� I �� r � � � � �� i � �., � ,i ! � .,�—L�-� . �,,;,�� ./�'',�r�' .� " ,,��.��e ��.�2� � � - G��.P�r�J � �� o � � � .�:�� .��-�z�J ,��t-G � � �� z� �� .��..� .�� - ��.�� .�-�.� �•fj�-�i '9�/ �G2�-CJ ,.��'C.,� ,.��G�..! , l�'tiv��i` e+"i�G�lt�-/` _� `�� „iLOZ -��/ Lr� � �� j�' G(J v16'1�—��_ _:/ �L�� :�- G� -�-��''�/ � a�.-,�J-?'Ld'�' ��(�'r.fJ .t�� e!e%'%� � �G�, �� /y!� � bs!f' 'a`�'��=-� --�-��'-9�! ,�d _ r' � � � ��:i�: � ��.�- � . �� ,�� .��!ei1. �� _ f /�� -� �. � �.��°�' �� 3� . ��^�t x�y� ,� ! � a a � ,�!_ �� :;� ctn oF FRl DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 July 25, 1990 Mr. Jdln Ness 6425 Baker Avenue N.E. Fridley, NII1 55432 Re: F�ssible Constructiari without Prc�x P�xmit L�ear' Mr. Ness: 'Il�ee In_.�e�c,•tian Division is txyi.rig to irYVestigate a report that yau are doirr� scmie construction in your rear yan� that w�uld reqt�ire a permit. We have tried o� two separate oocasions to catch you at h�cane to discv�ss this situation: on these oacasions we have left a note for you to contact us but to date we hawe not heard f�can yau. Waul.d yau please call me at 571-3450 so w� can arrange a time �venient to yau for me to cxat�e avex to visit yaun c�ane with yau present. Yaur 000�exatioa� in this matter will be appreciated. Sir�erely, G. CiARK QZief Bui.lding Official DGC/mh � � F�� DATE: TO: FROM: SUBJECT: C011ILMUNITY DEVELOPMENT This information is concerning the fence researched the two following: DEPARTMENT MEMORANDUM August 17, 1990 . Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Steven Barg, Code Enforcement Officer Fence Dispute at 6425 Baker Avenue N.E. in response to your memo dated August 6, 1990 located on the above-referenced site. I have questions you asked, and have learned the 1. There is nothing in City Code 213 (Fences) which specifically addresses the concern raised by the complainant. The only portion which might potentially be used to cover this situation is found in City Code 213.06, which states that a fence may be declared a nuisance if it is "dangerous by reason of its construction or state of disrepair, or is otherwise injurious to public safety, health, or welfare". The ordinance does not further clarify those circumstances under which such a determination is to be made. I contacted five neighboring suburbs to learn their restrictions governing this area. Three of the five (Brooklyn Park, Brooklyn Center, and Coon Rapids) do not address this specific situation, while the other two (Columbia Heights and New Brighton) require that the wire ends must be bent down. I have requested copies of these ordinances, and I will provide these materials to you as soon as they arrive. 2. The only land survey which I was able to locate for either address is a 1958 survey of the complainant's property (1029 - 64th Avenue N.E.) done at the time the house was constructed. I have attached a copy of this survey, which identified the property line as 20.9 feet from the northwest corner of the house and 19.9 feet from the northeast corner. It does not appear as though any additions have been made to the residence since that time. Please let me know if you have questions or wish further information about this matter. sB/dn M-90-571 ;:� _ GTYOF F[ZIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 �(612) 571-3450 • FAX (612) 57i-1287 August 30, 1990 Fridley, l�i 55432 • RE: Property at 6425 Baker Avenue N.E./John Ness Dear �� On August 6, 1990, Barbara Dacy and I met with you at your residence to inspect the fence located on the above referenced property. At that time, I informed you that I would conduct further research on the safety issue, and I would provide a response to you on this matter. I checked with several neighboring suburbs regarding their fence ordinance regulations. Twc of the five communities surveyed (Columbia Heights and New Brighton) require that the cut ends at the top of the chain link fence be bent down, while the other three communities (Brooklyn Park, Brooklyn Center, and Coon Rapids) have general statements prohibiting "dangerous fences", but not specifically addressing the particular issue as to whether or not having the cut ends up constitutes a health and safety hazard. I have attached a copy of City Code 213 which addresses the issue of fences. Section 213.06 states that a fence "which is dangerous by reason af its construction or state of disrepair or is otherwise injurious to public safety, health, or welfare is a nuisance." In accordance_with my interpretation of this definition, I do not believe that the fence in question constitutes a clear violation of City Code 213. In addition, I have enclosed a copy of a 1958 survey of the property directly west of your residence. Hopefully, this will provide some assistance in determining the relationship between the chain link fence and your property line, although I would highly recommend that you have the property surveyed to clearly identify the exact property line. Property at 6425 Baker Avenue/John Ness August 30, 1990 Page 2 Since all parties involved agree that the area between the two fences appears to be the property of Mr. Ness, I will instruct Steve Barg, Code Enforcement Officer, to send a letter instructing Mr. Ness to remove these weeds within ten days. The City, however, will make no attempt to indicate where Mr. Ness may or may not walk in the process of correcting this violation. It is my understanding that Darrel Clark, Chief Building Official, has provided you with copies of information from his files concerning a variety of building-related issues on the Ness property. Please contact him at 572-3602 if you have questions relating to these materials. Feel free to call me at 572-3590 if you wish to discuss this matter further. Sincerely, • Jock Robertson Community Development Director JR:ls C-90-701 - _ C� I I �F FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UN[VERSITY AVE. N.E. FRIDLEY, MN 55432 •(6l2) 571-3450 • FAX (612) 571-1287 August 31, 1990 John Ness 6425 Baker Avenue N.E. Fridley, MN 55432 RE: Home Occupations Dear Mr. Ness: In the -zoning district where you live, home occupations are permitted as an accessory use, provided that certain criteria are met. Two of these requirements (City Code copy enclosed) are as follows: 1. No stock in trade shall be stored outside the dwelling unit. 2. Any home occupation shall be clearly incidental and secondary to the principal use of the premises and shall not change the residential character. Recently we received information suggesting that you may be operating a business out of your residence which is not in conformance with the restrictions. If this is correct, please comply with the City Code by discontinuing this activity immediately. Feel free to call me at 572-3595 if you have questions or wish to discuss this further. Thanks for your cooperation! Sincerely, Steven Barg Planning Assistant SB:ls C-90-716 J • � � cinroF F�� DATE: TO: • FROM : SIIBJECT: C411/IMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM September 6, 1990 William Burns, City Manager Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Steven Barg, Planning Assistant Property at 6425 Baker Avenue N.E./John Ness has indicated that she may be attending the Council meeting on September 10, 1990, to voice her complaint regarciing the above referenced property. She contends that.Ci.ty staff has not been responsive and/or acted appropriately in addressing her concerns, both past and present. On September 1, 1990, I met with and we clearly identified the different issues involved in her complaint. The two main areas of discussion were as follows: 1. BuildinqtElectrical Inspection -�� believes that during the past six years, Mr. Ness has been allowed to perform much building and electrical work on his property without proper permits. Darrel Clark has provided Mrs. Wozney with copies of letters/documentation from his file on the Ness pr�perty, but she still does not feel that we have done enough in this area. - 2. Code Enforcement -�� contends that there are five code enforcement violations which the City staff needs to address. These are as follows: a. Fence - � argues that the chain link fence along the south side of the Ness property constitutes a safety hazard to neighborhood children since the "cut ends" are pointed upward. Staff reviewed the present ordinance and did not conclude that this fence clearly posed a danger to the public health and safety as described in City Code 213.06 (copy attached). Staff has researched five surrounding suburbs and learned that three (Brooklyn Park, Brooklyn Center, and Coon Rapids) have wording in their fence ordinances similar to ours, � 6425 Baker Avenue/John Ness September 6, 1990 Page 2 while two other suburbs (Columbia Heights and New Brighton) require the cut ends to be bent down. Mrs. Wozney has been advised of staff's position and the additional research information. b. Home occupation - contends that Mr. Ness is operating some type of business out of his home. She states that she regularly observes building materials and other related items moved onto and off the property. I advised her that I would send Mr. Ness our initial home occupation letter informing him of the rules governing appropriate home occupations. This letter was sent on September l, 1990 (copy attached). c. Weeds - � wants Mr. Ness to cut the weeds between his chain link fence and a wood fence that he maintains approximately eighteen inches inside of it. While there is some question concerning the exact property line location, both parties agree that the weeds are on property owned by Mr. Ness. believes that Mr. Ness will be guilty of trespassing if he walks south of the chain link fence to cut these weeds. I informed her that I would send a notice requiring that the weeds be removed, but I would not instruct Mr. Ness on where he could walk. I advised her to ca11 the Police Department if she wished to further discuss a trespassing issue. I sent a weed notice to Mr. Ness on September 1, 1990 (copy attached}. d. Exterior storaqe of materials - argues that Mr. Ness has essentially turned his back yard into a junk yard. I explained to her that I was not aware of materials in his rear yard which might constitute a junk yard as defined in the Zoning Code (definition attached) and that all materials were fully screened from the public right-of-way in accordance with the performance standards set forth in the Zoning Code (copy attached). I informed her that I would, therefore, not proceed further with this item. e. Junk vehicle - states that she has seen (from her rooftop) a truck without current license tabs parked in Mr. 1Jess' rear yard. City Code 123 states that this could be considered a junk vehicle since it is not stored within an enclosed building. However, my understanding of the legal process suggests that it would be extremely difficult to pursue this, since this truck cannot be seen without making a special and extreme effort to do so. I informed her that I would not be pursuing this further. �, � 6425 Baker Avenue/John Ness September 6, 1990 Page 3 This represents a complete summary of the issues and actions taken/ information provided from the September 1, 1990, meeting with � � and it will likely serve as the basis for her anticipated appearance at the September 10, 1990, Council meeting. Please let me know if you have questions or need further information. SB:ls cc: �arrel Clark, Chief Building Official M-90-639 Every fence, whensoever and howsoever constructed, shall be oonstructed in a substantial m�vtier and of a substantial material, ieasonably suitable for the purpose for which the fence is proposed to be used. �ery fence shall be maintained in a condition of reasonable repair and shall not by reason of age, decay� accic3ent or other�ise be allc�wed to beooa;re ana retiain in a state of disrepair so a 5 LO �E OL tPJla t0 �� e n� i c�. n e}+p i ni ur�r _ r•r .�L ^^' `�`i ;^- ^'' „"' , � . ��•��r.�,:�; �.• � W 1 `s� '`�os�e or ten s to '�e �a nuisance shall upon order conpetent c�ourt be repaired or rer►oved as necessary to abate nuisance caused or tending to be caused thereby. 213.07. PF21�'�LTI�S ence of a the Any vi ol a ti on of th i s t�apter i s a mi sder�eanor and i s subj ect to al l penalties provided for such violations under the provisions of Q�,apter 901 of this C,ode. 213.07. •• ►•. • . ,. . � ,� :a.: �t��. 213-2 J � � _ CtTYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 •(612) 571-3450 • FAX (612) 571-1287 Auqust 31, 1990 John Ness 6425 Baker Avenue N.E. Fridley, 1�1 55432 RE: Home Occupations Dear Mr. Ness: In the -zoning district where you live, home occupations are permitted as an accessory use, provided that certain criteria are met. Two of these requirements (City Code copy enclosed) are as follows: 1. No stock in trade shall be stored outside the dwelling unit. 2. Any home occupation shall be clearly incidental and secondary to the principal use of the premises and shall not change the residential character. Recently we received information suggesting that you may be operating a business out of your residence which is not in conformance with the restrictions. If this is correct, please comply with the City Code by discontinuing this activity immediately. Feel free to call me at 572-3595 if you have questions or wish to discuss this further. Thanks for your cooperation! Sincerely, Steven Barq Planninq Assistant SB:ls C-90-716 , �e g ��i� � � din� � rtion � � buildin9 or 8�S°� � or other personal P� n a�oessory ore motor vehi�� hich is usec� to st ;�e =esident. � or where !0. G�a9�' �:1G °�'l� where �e ��e � �w or used motor�eration o= p, building �a for =ked or stored for e=� service vehicles aze Pa motor ired within the structure as motor vehicles a�e re� acoessory to the main use- 31� C�=$�� i�pair- is oonducted• ,31►cludin9 � =e�ir � �tor v�i�� including p, place where maj n ana collision Se nt°ng of motot �ng o= reoonditioni 9 and a�erall Falicensed below engine =�� r s t=ai�tenin9 ��, � f =�ne or f enc�e es. Service is limited to motorvehic es vehlcl � �t�ry � � Gro�s�d- e 32• Grade. . d ele�ation al ong the f r ont wall of �' �Y,e avera9e f �sh� �� ain building. 33. Gues� �°' or sl eepin9 f or one (1� or more peOPle• in which no om or gr ouP °f r°omb intenoed f or 1 iv ing A =O occupied Y �mpensation� oking• prwision is ma� fox O0 �. � p�ation. the occupant of e ed in bY ot in an a��ssor tion or profession enga9 e��t and n pny occupa , rried on within th c��elling unit and ca ; . ,;� = rnni buil � n t•m,e f oll oW �n9 are cr iter ia of ,..�;��:..,.;.,,�r,.,�....,.. _ _ professional offioes. minor repair, serv ces, A king► teaching ana sim�lar � �udios. dressma _ - .. . x .°<,., ��:: photo or art � , ,..� � �.:��.x, ...w._ . .,>��.., , ,. ,.:., . : �� are inval� • G �' �'�� the oounter =�� upation is gained fzo�► wi�'in the Entrance to the h � at anl' D• s stu� structuxe• t�3 to six (6) or 1es E �aching is to be li�►� • twelVe (12) given time• �y �re that serve d hane based FamilY �re giver is provided ana F• L1°e1 ��dren when on��y �y �1e �tiat serve fousteen or f� sed Group ive�s are pr�i�a► � d hane �, when 2 care 9 license two ( ) � e pa=ts 9502.0300 to 9502.04 • {14) ot fewer �� sotz► Ru1 ► c3ef iryea bY ti'e Miru�e nt tf �ily) • �g�. 864i tion to sFaces t�uitod�2Ysa�t�onal park�n9 sPaoes G. In addi a f or mor e than � t2iere is no n� at any 9�v� �. 12/87 205-5 - � ---._......s.., _ _-- ._—. _ �. �• 205.03.44. g. ��q,� �all oonsist of a�anbers of the imnediate family . �y� 35• e�Pi�• rsons p,n institution open to the public. in whid� sick or injured pe reoeive medical. 6ur9ical or psyehi.atric trealment. 36. Botel. oonsisting of six (6) or mor e guest rooms and designed A bui18in9 1 in aae of indivic�als. for occuPancl' as a tenporary �9� 9 P� 37• �t�� rt � A�� 1 structure in Constructed in general conformity to the principa terms of framin9. f inishing and averall use• 38. Junk 7tara- (p,utanobile Recycling Center) An open area where waste ano used t sold. exchan9ed► stored, packed, disassembled materisls are bouc� ► 1 use, including scrap iron anci other or hanciled as a principa unk yard metals, paper. rags, rubber, wire and bottle Ia, but�does not includes an automobile wrecking or salvage y include uses that are entireln =sthin enclosed buildings or City Cc>uncil appr wed r ecycl ing ce 39. 1Geru�el • enises on which three (3) ox more a°gs °r �ts, or any p,riy lot or p� s and cats, at least six (6) oombination of three (3) or more c3og months of age► are kept. 40. Laborat�Y• anc3 analyzing. p, place c�voted to experimental stuciy such as testing Zhe term laboratory cbes not include Product man�a�'�ing. 41. Iar�capi�9• �e imprwen�nt of land by the addition of berms, trees, shrubs. grotu�►d oover, crushec� ro�k� w°°a chlps' re�ining walls and other f��io�� or�amental or deoorative features. 42. Living Area. g� ses. �e area of a 3aelling unit clesic�ed to be used for livin p P� ��n9 bec�ocros, dining roan, living roan and the like, which a=e �ually and c�tanarily �a f� f��y P�p°�s, as distinguished fr� any garage or other type of ac�essory spave• �3. Loadin9 Dock. Any off—street area or raiseo P� �°ildingsthforathe t�P° ary building or oontic�uous to a gr uP o= unloading parking of a commercial vehicle while loading s�erchanciise or materials. 44. Lot. A parcel of land sufficient in size to me�t� P�idelsuchZyards xequirenents for u�se. ooverage ana �e�A ��all Y�ave frontage on anci other open s�aaes as a=e =eq 205-6 12/87 INSPECTOR' 8 NOTICE TO BBRVE ON OCCIIPANTS � 011NER8 � AQBN'P8 � OR PIIBLIC OFFICIALB IN CSARGB OF LANDS AITH TALL aRA88, WS8D8, OR ZiOBI0II8 �iROWTB N O T I C$ DATE: August 31, 1990 TO: John Ness ADDREBS: 6425 Baker Avenue N.E. Fridley, I�1 55432 A visual inspection indicates that tall grass, weeds, and/or noxious growth are being allowed to grow on your property described as: DESCRIPTION: North 89 feet of Lots i1-12, Block 1, MooreLake Highlands Section 13, Township 30, Range 24, Anoka County, Minnesota. To maintain our City in a healthful condition and to alleviate suffering from allergies, unsightly tall grass, weeds, and noxious growth must be removed. I am requesting you to mow the tall grass, weeds, and/or noxious growth on your property within ten (10) days of the date of this notice or the City will cut, destroy, or otherwise abate the condition. In the event it is necessary for the City to abate the condition, you will be served a notice in writing of the work done and the costs and expenses involved. If the total amount is not paid to the City of Fridley within thirty (30) days following such notice or before the following October 1, whichever is later, the costs and expenses shall become a lien in favor of the City and a penalty of fifteen percent (15$) will be added to the amount due as of the date, with the total costs, expenses, and penalty thereupon to be certified to the County Auditor and entered by him on his tax books as tax against the land. If you have sold the property or have any questions regarding this notice, please call (612) 572-3595. CITY OF FRIDLEY Weed Inspector City of Fridley 6431 University Avenue N.E. Fridley, I�i 55432 This form notice will be forwarded by Certified Mail. C-90-715 � � H. ��,� �� ist, af ma�,Uers of the ima�►ediate familY . �y. 3�• �Pi�' rsons An institution open to tt�e public, in whid� sick or injured pe reoeive medical. sur9ical or psyrhiatr ic treatment. 36. Hotel. p, building oonsisting of six for occupancy as a tenporary (5) or more guest rooms and designed lodging plaoe of indivicivals. 37. Intec�al Part Of A Principal Structtae. Constr uctec7 in 9 eneral conformity to the principal structure in terms of fratning, finishing and averall use. �; .,� �..� .,;-- (putunobile Recycling Center) An open area where waste ana used materisls are bouc�t, sold, exchanged. stored, packed, disassembled or hanciled as a principal use, including scraF iron aunk�yard metals, paper► rags, rubber, wire and bottl ard, but�does not includes an automobile wrecking or salvage y incluc1e uses that are entirely within enclosed buildings or City CAUncil apprwed recY�ling centers. 39. l�ennel• Any lot or prenises on which three (3) oombiration of three (3) or more dogs months of age, are kept. or more cbgs or cats, or any and cats, at least six i6) 40. Laboratorl'• A glace !3evoted to experimental study such as testing anc] analYzin9• �e term laboratory cbes not include pzoduct manufacturing• 41. Lat�scai�9• �e imgravet►Erit of land by the addition=e��ing�wallssand other grounci oover, crushed rock. wooa chips. f�ctional, ornamental or c3eo°ra�ve features• �. Living �►rea. � �S� �he area of a c�ae11in9 unit cSesic�ed to be used for living p P� ��n9 �c�roQns, dining roam, living roam �s a� disti g ushed usually and c�stanarily used for faanily PurPo fr� eny cJarage or other type of acoessory s�aoe- 43. Loadin9 Dock. RcYy off—street area or raised platform, on the same lot with a building or o�ntic�uous to a group of buildings, for o e u�'�aing parking of a commercial vehicle while loading u�erchandise or naterials. 44. I+ot. A parcel of land sufficient in�sa=e�t �a to P ovmaelsuchZyarcis =��r��ts for use► ooverage �r�. A lot shall 1�a�ve frontage on an8 other open spa.oes as are req � 12/87 205.03.44. 205-6 January 1, 1983 shall have a basement except if located in a flood plain area. 5. P�itRII� RDQU�tF!'�NrS A,, General Prwisions. stalls shall be (1) A mini�um of two (2) off-street parking prwided for each dw�liTi9 ��t• �2� The rer�uired parking stalls shall not o a drivewaY oz poztion of the =equired front yard exce�e ��• harcisurfaoed parking spaoe approved bY (3) All driveways anci pa=krt 9 i� except as greed tO in three (3) feet fram a� Pr Pe Y writing by adjacent property a�ners and filed with the Ci1.i'• 8. Garage Rec3uirenents. (1) All lots r� a91ot sn.�litnshall have a cbuble �garagefeet or ��ulting f (2) All lots having a lot area less than 9•000 square feet and greater than 7,500 square feet shall have a single garage. �3� The abave requirements shall satisfy the off-street parking stall requirenent. e�r a� :.� a ..r il�' ��: : �� _ - - - -- A. t�j�.,� i Parking Re9uirements. (1) Existing Facilities: (a) At least one (1) off-street parking stall shall be provic3ed for each dwe11in9 unit. �b� �e required parking stall shall not be located in a,ny p�rtion of the required front yard. r�ed b�the driveway or hardsurfaoed pa.rking spaoe apP Y City, and set back a minimuan of three (3� feeta � e t s i d e p r o p e r t y line, except as agreed to by � property c�wners. (c) A garage shall satisfy the off-street parking tall requi rene�t. b�� s 1 shall be surfaoed with �� (2) All driveways and parking stal s blacktop, aonczete or other hard surface material approved by the City. � �,� �1� l�tothir�g shall be stored in the re4uired front yard. ___..��.�.�.�:��r �3) The city snali Permit for 205.07.06. � • �• �- � �� r. �- , . ,.,,. .. � . ,� • • �. �--- 205.R1-c - _ C�TY OF FRIDLEY FRIDGEY MUNICIPAL CENTER • 6=1?1 UMVERSITY AVE. N.E. FRIDLEY. MN SS�132 •(612) 571-3450 • FAX (61?) 571-12K7 May 17, 1991 John Ness 6425 Baker Avenue N.E. Fridley, MN 55432 RE: First Notice of Noncompliance at 6425 Baker Avenue N.E. Dear Mr. Ness: The City of Fridley has established a City Code for the purpose of promoting a pleasant and attractive suburban environment. A recent inspection of the property at 6425 Baker Avenue N.E. revealed that not all Code requirements are presently being met. Listed below is an item which does not comply with the City Code: 1. Discontinue outside storage of firewood located in front yard. (Fridley Zoning Code does permit stacked firewood in the side or rear yard.) Your prompt attention in correcting this situation would greatly assist us in helping make Fridley a better place to live. An inspection will be conducted on or about June 3, 1991, to determine complianee. If you have questions or would like to discuss this, please contact me at 572-3595. Thank you for your cooperation! Sincerely, Steven Barg Code Enforcement Officer SB:ls CE-91-128 - _ CITY Of FRtDLEY FR[DI.EY MUNICIPAL CENTER • f�31 UNIVERSITY AVE. N.E. FRIDLEY, MN 5.5-�32 •(61"?) 571-3450 • FAX i6V"?) 5?{-I?K7 May 17, 1991 John Ness 6425 Baker Avenue N.E. Fridley, 1rIN 55432 RE: Noncompliance of Fridley Following Property: Location: Legal Description: Property I.D. No.: Dear Mr. Ness: 1rEED NOTICE City Code 105 (Weeds) at the 6425 Baker Avenue N.E. North 89 feet of Lots 11-12, Block 1, Moore Lake Highlands 13-30-24-32-0024 Fridley City Code 105 (copy enclosed) states that it is unlawful to maintain land in the City upon which weeds, grass, or rank vegetation exceeds ten (10) inches in height; or other noxious growth exists as outlined in the ordinance. This was enacted to protect the health and safety of the community and its residents. A recent inspection of the above referenced property revealed conditions which are not in compliance with this ordinance. It is important that you take appropriate steps to correct this situation immediately. I will conduct a reinspection on or shortly after Mayt 31, 1991, at which time full compliance is expected. Should this deficiency still exist, I will instruct the City's Public Works Department to abate the condition. In the event the City abates the condition, you will be served a notice in writing indicating the work performed and the costs and expenses involved. The total amount must be paid to the City within 30 days after this notice or before the following October l, whichever is later. If this is not done, the costs and expenses shall become a lien in favor of the City; and a 15% penalty will be added to the amount due as of the date, with the total costs, expenses, and penalty thereupon to be certified to the County Auditor for entry on the tax books as tax against the land. Please call me at 572-3595 if you have questions or wish to discuss this further. Thank you for your cooperation! Sincerely, Steven Barg Weed Inspector C-91-126 � _ UTY OF FR[DLEY FRIDLEY MUNICIPAL CENTER • 6�31 [JNIVERSITY AVE. N.E. FRIDLEY, MN SS432 •(612) 571-3450 • FAX (61'?) 571-I?K7 June 17, 1991 John Ness 6425 Baker Avenue N.E. Fridley, NIId 55432 RE: Final Notice of Noncompliance of the Fridley City Code at 6425 Baker Avenue N.E. Dear Mr. Ness; On June 14, 1991, a second inspection of the property at 6425 Baker Avenue N.E. confirmed that the following item still does not comply with City Code: 1. Discontinue outside storage of firewood located in front yard. (Fridley Zoning Code does permit stacked firewood in the side or rear yard.) A final inspection to determine compliance will be conducted on or about June 28, 1991. You should arrange to complete an approved plan for compliance before that date. Should this inspection confirm that this deficiency still exists, legal action will be approved. If corrective action cannot be completed by this time, contact me to coordinate a schedule to complete this requirement. If you have any questions regarding this matter, please contact me at the Fridley Municipal Center, 572-3595. Sincerely, Steven Barg Code Enforcement Officer SB:ls CE-91-235 r � � . DATE: TO: FROM: BIIBJECT: Community Development Department G DIVISION City of Fridley June 25, 1991 Virgil Herrick, City Attorney �B rbara Dacy, Community Development Director even Barg, Planning Assistant City Code 213JFences Recently, a resident contacted the City and demanded that we remove a chain link fence from her property. Apparently, she just had her property surveyed and the results indicate that her neighbor's fence extends well onto her land. She has asked the neighbor to remove the fence, but he has refused to do so. The complainant contends that we must take action under City Code 213.05, which states that all fences must be located entirely upon the property of whoever causes it to be constructed. With respect to this situation, we would like to pose to you the following questions: 1. 2. Does the City have the responsibility for taking action to enforce a provision such as this one? If the answer is yes, is it our responsibility to remove the fence under an abatement action or to pursue penalties under criminal procedures? In additior_, there is another item pertaining to the same complaint which involves a building inspection question: Can a city obtain a search warrant to enter a private owner-occupied home to investigate alleged building code violations (electrical, plumbing, and heating) which are based on reports from neighbors? If so, what is deemed necessary to obtain such a search warrant? Please respond to these questions and provide any other guidance you can on these issues. Thanks for your assistance! BD/SB:ls M-91-436 ,� � ��]�� T��;�5�'��_:'�� ATTORN �YS A'1' 1,1�'l'�r Virgil C. Herrick M E M O R A N D U M James D. Hoeft Gregg V. llerrick Of Counsel David P. Newman , T0: l3�rbara Dacy, Community Deve�opment Director Steven Barg, Planning Assistant FROM: Virgil Herrick, City Attorney '° DATE: June 26, 1991 '�� RE: City Code 213/Fences This memorandum is in response to your memorandum on the above subject dated June 25, 1991. In your memorandum you indicate that a resident has contacted the City and demanded that we remove a chain-link fence from her property. As I understand it, it is her contention that the neighbor built this fence which is partly on her property. It is her contention that this fence is in violation of provisions contained in City Code 213.05 which states that all fences must be located entirely upon the property of the person who constructs the fence. Based on the above facts, you ask two questions: ].. Does the City have the responsibility for taking action to enforce a provision such as this one? 2. If the answer is yes, is it our responsibility to remove the fence under an abatement action or to pursue penalties under criminal procedures? In answer to your first question, the Cit,,% aoes have the responsibility to enforce its ordinanczs. A violatior� of .� city ordinance is a misdemeanor. The City can under certair� circumstances bring an action to abate a nuisance. Fridley Code Chapter �110 pertains to public nuisances. This chapter adopts by reference Minnesota Statutes, Section 609.74, and 609.745, which are state statutes pertaining to public nuisances. In both the ordinance and the statutes, public nuisances are defined as one which "maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comFort, or repose of any considerable number of inembers of the public;..." It is my opinion that the facts described as relating to the fence corYStitute a private rather than a public nuisance, l�s quoted above, a public nuisance is ane in which the condition adversely affects a considerable number of inembers of the �ublic. I do not find that that is the case as described. Suice ?05, 6�1 [Jniversiry Avenue N.1�.., l�r�dir�. Rlir.�:��sorc► �5•a3?, E,I?->71-3ti i) � . Memo to Dacy/Barg June 26, 1991 Pag� 2 I am of the opinion that the proper course of action for t}i� City would be to consider bringing a misdemeanor action based on a violation of our City Ordinance 213.05. This matter should be referred to the City Prosecutor and he will have to determine whether there is sufficient eviden,ce to justify bringing a misdemeanor complaint against the�person who constructed tl�e fence. You also asked a question as to whether the City can obtain a search warrant to enter a private owner-occupied home to investigate alleged building code violations which ar� bas�=d on reports from the neighbors. Homeowners are protected by the Federal and State constitution against unreasonable searches. Earlier cases held that searches conducted pursuant to the enforcement of local public health, safety, and fire ordinances were reasonable searches for which no warrant was required; this is no longer the case. Administrative searches to enforce public safety ordinances in non-emergency situations constitute searches within the Fourth Amendment and must be conducted under authority of a search warrant in the absence of consent. This rule applies to residential premises. The probable cat�se requirement for issuance of a warrant must be met. What constitutes probable cause is to be evaluated in light of the nature of the search to be conducted. Warrants will be issued upon a showing that there is a reasonable basis to believe that some of the premises may not be in conformity with the health, safety, or fire ordinances. In order to obtain a search warrant based on assertions of a neighbor, it would be necessary to get a sworn statement o:E that neighbor and in the statement there would have to be specific information that would convince a judge that it is more probable than not there are code violations existing in the building. Whether a judge would also require a showing that the viol<�tions are serious in nature, is not possible to state with any degree of certainty. Before proceeding on this type of case, I tt�ink the matter should be referred to the Council to determine whether they wish to expend public monies on this type of situation. 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' et ::�.�;ia�.a�' � � _ . � F �, F. ;p� _ ;;:;�� , � :,;� . � � � � ?� � , - •�� F�` . � � _� l � ; - .t�'''�' :�''�� .... �...._. � _ _ ____ �� _� �� . � _ C�TYOF FRiDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 September 13, 1991 John Ness 6425 Baker Avenue N.E. Fridley, MN 55432 RE: First Notice of Noncompliance at 6425 Baker Avenue N.E. Dear Mr. Ness: The City of Fridley has established a City Code for the purpose of promoting a pleasant and attractive suburban environment. A recent inspection of the property at 6425 Baker Avenue revealed that not all Code requirements are presently being met. Listed below is an item which does not comply with the City Code: 1. Fridley City Code limits fences to a height not to exceed four feet in height in the front yard (copy enclosed). Remove fencing/screening in and near driveway area or reduce it to four feet or less in height. 2. Remove cement pieces and weeds from an area between fences along south side of property. Your prompt attention in correcting this situation would greatly assist us in helping make Fridley a better place to live. An inspection will be conducted on or about September 26, 1991, to determine compliance. If you have questions or would like to discuss this, please contact me at 572-3595. Thank you for your cooperation! Sincerely, Steven Barg Code Enforcement Officer SB:ls CE-91-423 _ Cl�IY OF f Rt DLEY l=RIDLEY MUN[CIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRtDLEY. MN »=13? • i61?) �71-3�}50 • FAX (bl2) 571-12R7 April 4, 1994 John Ness 6425 Baker Avenue N.E. Fridley, MN 55432 RE: First Notice of Noncompliance at 6425 Baker Avenue N.E. Dear Mr. Ness: The City of Fridley has established a City Code for the purpose of promoting a pleasant and attractive suburban environment. A recent inspection of the property at 6425 Baker Avenue N.E. revealed that not all Code requirements are presently being met. Listed below is an item which does not comply with the City Code: 1. Remove attachment to fence indicating "6425" located along the north side of your residence which extends the fence height above seven feet. (You may create an "address sign" in accordance with the enclosed Code requirements and attach it to the facing of your fence at a lower height if you wish.) Your prompt attention in correcting this situation would greatly assist us in helping make Fridley a better place to live. An inspection will be conducted on or about April 18, 1994, to determine compliance. If you have questions or would like to discuss this, please contact me at 572-3595. Thank you for your cooperation! Sincerely, Steven Barg Code Enforcement Officer SB:ls CE-94-110