AF-LETTER - 48656_
_
CIIYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432
March 12, 2012 ��63) 571-3450 • FAX (763) 571-1287 • TTD/TTY (763) 572-3534
Ralph A Manzi and Tammy L. Matykiewicz
1129 Onondaga Way
Fridley, MN 55433
Dear Property Owner:
Fridley City Code Chapter 128 (copy enclosed) has established a procedure for abatement of
certain exterior public nuisances. This allows the City to remove from private property those
items defined as exterior public nuisances ( 128.02) in accordance with provisions outlined in this
chapter.
A recent inspection of your property at 1129 Onondaga Way revealed the following conditions(s)
to which a violation of MN Statute Section 463.15 to 463.26 which states in part "Any structure
that consists of a hazard to safety or health, or public welfare reason of disaster or damage, shall
be considered unsafe. All unsafe buildings shall be declared a public nuisance and shall be abated
by repair or demolition."
Violation:
Manufactured Home and accessory structure (shed) damaged caused by fire. The manufactured
home sustained major damage to the roof, interior and exterior walls. The damage is severe
enough to deem the structure a hazard and public nuisance.
You must respond in one of the three ways listed below within 20 days, or the City will take
action to abate the nuisance condition outlined in this letter.
L Correct the violation identified in this letter.
2. Contact me at (763) 572-3603 and make arrangements to have the property cleaned-up in
accordance with a schedule that is agreeable to the City.
3. Apply (in writing) to the Community Development Director for a hearing in front of the
Appeals Commission.
Sincerely,
David Jensen ��%�
Building Inspector
cc: Scott Hickok, Community Development
Ron Julkowski, Building Offcial
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•
FRIDLEY CITY CODE
CHAPTER 128 ABATEMENT OF EXTERIOR PUBLIC NUISANCES
(Ref. 1021, 1043, 1069, 1283)
128.01. PURPOSE
The Council of the City of Fridley has determined that the health, safety, general welfare, good
order and convenience of the public is threatened by certain exterior public nuisances on
property within the City limits. It is declared to be the intention of the Council to abate such
nuisances, and this Chapter is enacted for that purpose.
128.02. APPLICATION
This Chapter shall apply to the abatement of public nuisances maintained exterior to the
principal structure involving junk vehicles (as defined in Chapter 123), large commercial
vehicles having a gross licensed weight over 12,000 pounds, which are in violation of the
provisions of Chapter 506, and outside storage of materials and equipment including, but not
limited to, disused machinery, household appliances and furnishings, tires, automotive parts,
scrap metal, lumber, and all other materials deemed to create an exterior public nuisances as
described in 128.01. (Ref. 1043)
128.03. HEARING EXAMINER
Position Created.
The position of Hearing Examiner is hereby created. The City Manager may, at his discretion
and with the approval of the Council, contract with third parties for the furnishing of all services
of the Hearing Examiner as contained in this Chapter and set the rate of compensation therefor.
2. Qualifications.
The hearing examiner shall be an individual trained in law; however, it shall not be required that
the hearing examiner be currently licensed to practice law in the State of Minnesota.
3. Duties.
The Hearing Examiner shall have the following duties:
A. Set dates and hear all contested cases following appeals of orders of the Code
Enforcement Officer or other duly authorized agents.
B. Take testimony from all interested parties.
C. Make a complete record of all proceedings including findings of fact and
conclusions of law.
Fridley City Code Section 128.10.
against each separate lot or parcel to which they are attributable under this Chapter. The Council
may then spread the charges or any portion thereof against the property involved as a special
assessment under other pertinent statutes, for certification to the County Auditor and collection
the following year along with current taxes. Such assessment shall be payable in no more than
ten (10) equal annual installments, pursuant to Minnesota Statutes, Section 429.01, Subdivision
2.
128.07. RELEASE OF PROPERTY
To reclaim those materials that have been removed in accordance with 128.06, the owner or
lienholder must pay any costs and administration fees incurred by the City. The owner or
lienholder reclaiming the materials shall sign a"Release of Property" and shall agree not to
return the items to their original location in violation of city ordinances. If additional removal of
the same or similar items is deemed necessary by the City, an abbreviated but reasonable notice
period will be provided before the removal takes place. All other provisions of City ordinance
128, including the right to a hearing, will still apply. (Ref. Ord. 1069)
128.08. EFFECTIVE DATE
The effective date of this Chapter shall be January 1, 1994.
128.09. SEVERABILITY
Every section, provision or part of this Chapter is declared separable from every other section,
provision or part to the extent that if any section, provision or part of this Chapter shall be held
to be invalid, such holding shall not invalidate any other section, provision or part thereof.
128.10. NON-EXCLUSIVENESS
Nothing in this Code section shall be deemed a waiver or limitation of any statutory right and/or
power of the City as to hazardous buildings, properties or materials, nor shall this Code section
be deemed to otherwise limit the right and/or power of the City to conduct other administrative
and/or regulatory searches and inspections including, but not limited to, health inspections, fire
scene and arson inspections and regulated business and industries inspections, nor shall this
Code section be deemed to be an exclusive remedy of the City regarding the abatement of
exterior public nuisances.
Fridley City Code
Section 128.06.1.C.
D Affirm, repeal or modify the order of the Code Enforcement Officer or other duly
authorized agents. �
128.04. INSPECTION AND INVESTIGATION
Periodic Inspection.
The Code Enforcement Officer or other duly authorized agents shall cause to be inspected all
public and private properties within the City which might contain an exterior public nuisance as
defined in this Code section as often as practicable to determine whether any such conditions
exist. The Code Enforcement Officer or other duly authorized agents shall also investigate all
reports of exterior public nuisances located within the City.
Right of Entry.
The Code Enforcement Officer or other duly authorized agents may enter upon all public and
private properties for the purposes of conducting inspections for exterior public nuisances. If the
property owner and/or occupant of any property refuses said inspector(s) right of entry for
inspection, the City may seek an administrative search warrant or other order of the District
Court for said purpose of entry and inspection.
128.05. ABATEMENT OF EXTERIOR PUBLIC NUISANCES
Upon a determination by the Code Enforcement Officer or other duly authorized agent that an
exterior public nuisance exists on any public or private property within the City, said official
shall order the exterior public nuisance to be abated in accordance with this Code section.
128.06 PROCEDURE FOR REMOVAL OF EXTERIOR PUBLIC NUISANCE5
1. Notice.
Whenever the Code Enforcement Officer or other duly authorized agent finds with reason able
certainty that an exterior public nuisance exists on any public or private property in the City, said
official shall notify the affected property owner by first class mail that the nuisance must be
abated within a reasonable period of time, not less than twenty (20) days from the date of service
of the notice. (Service by mail shall be deemed complete upon mailing.) The order shall set forth
the following:
A. The specific nature of the violations and reyuirements for compliance.
B. That the property owner may, within twenty (20) days of the date of the order,
request a hearing before the Hearing Examiner and by what procedure such hearing may
be requested.
C. That failure to abate the nuisance or request a hearing within the applicable time
period will result in summary abatement procedures, and that the cost of abatement will
be assessed against the subject property.
Fridiey City Code
2. Hearing.
Section 128.06.4.
Any property owner who feels aggrieved by an order of the Code Enforcement Officer or other
duly authorized agent issued pursuant to this chapter may request a hearing before the Appeals
Commission. Such request shall be filed in writing with the office of the Community
Development Director within twenty (20) days after the date of service of the notice by the Code
Enforcement Officer or other duly authorized agent. The Community Development Director
shall notify the Appeals Commission and the property owner of the date, time, and place of the
hearing. The hearing shall be conducted no more than thirty (30) days after the property owner's
request, unless a later date is mutually agreed to by the property owner and the City. Both the
property owner and representatives of the City may appear at the hearing with counsel and may
call witnesses and present relevant and competent evidence. Within ten (10) days after such
hearing, the Appeals Commission shall affirm, repeal or modify the order of the Code
Enforcement Officer or other duly authorized agent. The Appeals Commission order shall be
accompanied by written findings of fact, and may include a finding of fact as to the absence of
value of the refuse and/or junk materials deemed to constitute an exterior public nuisance. Any
person aggrieved by the decision of the Appeals Commission may appeal that decision to the
City Council by filing notice of such appeal with the Community Development Director within
twenty (20) days of receiving notice of the Appeals Commission's decision. At its next available
regular meeting following the filing of a notice of appeal, the Council shall review the decision
and findings of fact of the Appeals Commission and shall affirm, repeal or modify that decision.
If the Council affirms the Appeals Commission's decision declaring that an exterior public
nuisance exists, the City shall abate the exterior public nuisance after twenty (20) days following
the Council's final deterrnination, unless the property owner petitions for a court order to the
contrary within said twenty (20) days. (Ref 1283)
3. Disposition of Property.
The City maintains the right to dispose of all property that it removes from public and private
properties through abatement procedures as outlined in this Chapter. Disposal of property
deemed to have value shall occur thirty (30) days aft�r the property is secured, unless the
property owner obtains a court order to the contrary and/or pays all costs associated with the
removal and storage of said property within said thirty (30) day time period. The City maintains
the right to immediately dispose of refuse and/or junk materials deemed to be without value.
4. Assessment.
The Code Enforcement Officer or other duly authorized agent shall keep a record of the costs of
abatements done under this Chapter and shall provide regular reports to the Finance Director or
other appropriate officer regarding all work performed for which assessments are to be made
stating and certifying the description of the land, lots or parcels involved and the amount
assessable to each. The amounts to be assessed shall include up to an additional twenty-five
percent (25%) to cover any administrative costs associated with the abatements. On or before
September 1 of each year, the City Clerk shall list the total unpaid charges for each abatement