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PRE 2010 DOCSItiiUf . ,1 ;:J > CIZYOF FRIDLEY 0 rl CR5U76431 UNIVERSITY AVE. N. E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 Reith Harstad Harstad Construction Company 2191 Silver Lake Road New Brighton, MV 55112 RE: Non -Compliance of the Fridley City Code at 5539 Matterhorn Drive. Dear Mr. Harstad: On March 26, 1987 it was conf irmed by an on-site inspection that the property at 5539 Matterhorn Drive N. E does not meet the minimum standards necessary to maintain a pleasant and prosperous suburban environment. While major code requirements are satisfied, the following item does not comply with the performance standards of the City Code: 1. Plastic garbage bags, steel bracing, Christmas tree, piles of leaves and other debris stored in the open on vacant lot. I understand that there may have been some extenuating circumstances for this to have occurred, however, your quick action to correct this situation would be a great improvement for your property and the entire conenunity as well. An inspection will be conducted on or about April 13, 1987 to determine compliance. If you have any questions or concerns, Fridley Civic Center, 571-3450. Si cereal Daryl 't Planning Assistant E/imn C-87-119 please feel free to contact me at the ,1 ir a� f= CITY OF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 • PHONE (612) 571-3450 April ' -16, 1987 Keith Harstad Harstad Construction Company 2191 Silver Lake Road New Brighton, MN 55112 RE: Second Notice of Non -Compliance of the Fridley City Code at 5539 Matterhorn Drive N. E.. Dear Mr. Harstad: On April 13, 1987 a second inspection of your property at 5539 Matterhorn Drive N. E. revealed that it still does not comply with the performance standards established within the City Code. 11he following items still do not comply with the City Code: 1. Chunks of concrete, steel bracing, Christmas tree, piles of leaves and other debris stored in the open on vacant lot. Regardless of extenuating circumstances, this situation must be corrected promptly to maintain a pleasant and healthy environment. A fourth inspection will be conducted on or about April 27, 1987 at which time it is expected that this item will be in compliance. If corrective action cannot be completed by this time, please submit a schedule indicating when this deficiency will be corrected. If you have not contacted me before the inspection date or abated the problem then I will submit all records regarding this matter to the City Council who can approve legal action. If you have any questions concerning this matter please contact me at the Fridley Civic Center, 571-3450. 7hank you for your prompt attention to this matter. Sincerely, Daryl Morey Planning Assistant DM/]mn C-87-166 (C-87-119) CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE1612) 571-3450 Augjst 3, 1987 Kei th and Diane Harstad c% North East Realty 2191 Silver Lake Road New Brighton, M 55112 RE: Final Notice of Non -Compliance of the Fridley City Code at lot 8, block 7, Imnsbruck North Addition, on Matterhorn Drive N.E. Dear Mr. and Mrs. Harstad: On July 30, 1987 a second inspection of your property at Lot 8, Block 7, Innsbruck North Addition confirmed that the following item still does not comply with the City Code: 1. outside storage of fill/dirt at site. An inspection to determine compliance will be conducted on or about August 10, 1987, or complete an approved plan for compliance before that date. Should this inspection confirm that these deficiencies still exist, 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 or concerns, please feel free to contact me at the Fridley Civic Center, 571-3450. Sinoerely, Lisa Campbell Code Enforcement LC/lmn C-97-347 (C-87-33-1) ,^ CIIYOF FRIDLEY July 17 1987 CIVIC C�NTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 • PHONE (612) 57 1 -3450 Keith and Diane Harstad c/o North East Realty 2191 Silver Lake Road New Brighton, M, 55112 RE: Non -Compliance of the Fridley City Code at Lot 8, Block 7, Innsbruck North Addition, at Matterhorn Drive N.E. Dear Mr. and HIrs Harstad: On July 15, 1987 it was confirmed by an on-site inspection that the property at Lot 8, Block 71 Innsbruck North Addition does not meet the minimum standards necessary to maintain a pleasant and prosperous suburban environment. While major code requirements are satisfied, the following items do not comply with the performance standards of the City Code: 1. Outside storage of fill/dirt at site. Please remove from site or screen site effectively from right-of-way and adjacent property. Your immediate action to correct this situation would be a great improvement for your property and the entire community as well. An inspection will be conducted on or about July 27, 1987 to determine compliance. If you have any questions or concerns, please feel free to contact me at the Fridley Civic Center, 571-3450. Sincerely, Lisa Campbell Code Enforcement LC/lmn C-87-311 + 9 r CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 • PHONE (612) 571-3.350 August 21, 1987 North East Realty Paul Harstad 2191 Silver Lake Road New Brighton, MN 55112 RE: Compliance of Fridley City Code at Lot 8, Block 7, Innsbruck North Addition, Matterhorn Drive N.E. Dear Mr. Harstad: On August 20, 1987, a reinspection of your property at Lot 8, Block 7, Innsbruck North Addition, Matterhorn Drive N.E. has revealed that the past violations have been corrected. The timely manner in which this violation was corrected is greatly appreciated by the City of Fridley. Thank You, Lisa Campbell Code Enf or cement LC/lmn C-87-390 (C-87-269) r Y?F CITYOF FIZIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 August 12, 1987 Paul Harstad NORTH EAST REALTY 2191 Silver Lake Road New Brighton, MN 55112 RE: Non -Compliance of Fridley City Code at lot 8, block 7, Insbruck North Addition, Matterhorn Drive N.E. Dear Mr. Harstad: I am writing as a matter of follow-up to our phone conversation on August 6, 1987, in which we discussed the removal of a dirt pile and from the above referenced lot. You stated that you were in the process of of securing a contractor to remove similiar material from other sites. Once this contractor has been secured, please notify the undersigned. In the meantime, please supply this office with documentation of your "Good Faith Effort" toward correcting this violation. Such documentation could include estimates fran contractors. I will be contacting you on or about August 19,. 1987, to further discuss the above. Sincerely, Lisa Campbell CODE ENFORCEMENT C-87-369 Y • T CITYOF � °f C�`►�`. FRIDLEY ��10 7 CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55 August 3, 1987 Keith and Diane Harstad c/o North East Realty 2191 Silver Lake Road New Brighton, M 55112 RE: Final Notice of Non -Compliance of the Fridley City Code at lot 8, block 7, Innsbruck North Addition, on Matterhorn Drive N.E. Dear Mr. and Mrs. Harstad: On July 30, 1987 a second inspection of your property at Lot 8, Block 7, Innsbruck North Addition confirmed that the following item still does not comply with the City Code: 1. Outside storage cf fill/dirt at site. An inspection to determine compliance will be conducted on or about August; 10, 1987, or complete an approved plan for compliance before that date. Should this inspection confirm that these deficiencies still exist, 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 or conoerns, please feel free to contact me at the Fridley Civic Center, 571-3450. Sinoer ely I Lisa Campbell We Enforcement LC/lmn C-67-347 (C-87-311) T • i SIGNED ---- FORM 30025 TOPS 9 W Y.� �y CI"IYOF FRIDLEY JvIC CENTER- 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 Keith and Diane Harstad North East Realty 2191 Silver Lake Road New Bri ton, MN 55112 RE: wrr-lf Coi ce othe Fridley City Code North Addition, at Matterhorn Drive N.E. Dear Fir. and Firs Harstad: at Lot 8, Block 7, Innsbruck 111187 it was confirmed by an orrsite inspection that the property ?tot 8, Block 7, Innsbruck North Addition does not meet the minimum standards necessary to maintain a pleasant and prosperous suburban environment. While major code requirements are satisfied, the following items do not comply with the performance standards of the City Code: 1. Outside storage of f ill/dirt at site. Please remove from site or screen site effectively from right-of-way and adjacent property. Your immediate action to correct this situation would be a great improvement for your property and the entire community as well. An inspection will be conducted on or about Z -al -y -2-7t 1987 to determine compliance. If you have any questions or concerns, please feel free to contact me at the Fridley Civic Center, 571-3450. Sincerely, Lisa Campbell Code Enforcement LC/3mn C-87-311 DATE OF 1ST INSPECTION: ` / DATE OF 1ST LETTER `7//6� �9/ June 20, 1995 Gabriel Castaneda 5555 Matterhorn Drive Fridley, MN 55432 (612) 572-1348 Barb Dacy & Kurt Schneider City of Fridley Municipal Center 6431 University Avenue NE Fridley, MN 55432 (612) 572-3595 Dear Ms. Dacy and Mr. Schneider: The reason for this letter is to address the City of Fridley's inability to resolve the problem between Mrs. Silvia Castaneda and Mr. Keith Harstad concerning the adjacent vacant lot to 5555 Matterhorn Drive [hereinafter "vacant lot"]. Mrs. Castaneda has been asking the City of Fridley to intervene for over four years with no avail. As a result, Mrs. Castaneda is growing wary of the situation and is considering litigation. Before making the expense, we decided to attempt to resolve the problem once again by presenting the City of Fridley with certain legal theories and city ordinances applicable to this situation. In this manner, the City of Fridley can exercise it power and prevent an additional unnecessary waste of time and money. The main issue is whether Mr. Harstad's vacant lot is a nuisance entitling Mrs. Castaneda to a legal remedy. The following analysis will demonstrate that Mr. Harstad is not only • liable at common law but also liable for being in violation of several city ordinances. First, the following is a brief recitation of the facts. Mrs_. Castaneda purchased a lot from Mr. Harstad under the agreement that she was to maintain her lot in accordance with city zoning regulations. To date she has maintained, not only the exterior of her home, but also the landscaping to an impeccable level of quality. In return, Mr. Hardstad assured her that the other neighboring lots would be kept in the same condition. Mr. Harstad, however, has failed to keep the vacant lot to the same standards of maintenance as the rest of the neighborhood. As a result, the condition of the vacant lot has deteriorated to a hazardous and economically damaging condition for the entire neighborhood. Evidence of the hazardous condition is the broken hand Mrs. Castaneda's son suffered while walking �( down the hill on the vacant lot. The overwhelming growth of �\ weeds and shrubs made it impossible for her son to reasonably assure his footing. Mr. Hardstad's failure to cut the weeds or even place warning signs clearly indicates the negligent state of the lot. Similarly, one need only look at the photographs to see bthe�unkempt condition of the vacant lot which translates into �� vl ,onomic loss. Evidence of this loss can be seen by Mrs. JJJ Wt Kr C J Ou CPf '`' Art,tiI� - Castaneda's attempt to sell her home upon her divorce only to that her property value had decreased due to the vacant lot's appearance. Her realtor mentioned on many occasions that the prospective customers where turned off by the vacant lot's appearance and lack of a guarantee for its repair. • -mentioned roblems are a basis fcir a nuisance The above p suit. A nuisance is an unreasonable interference with the use or enjoyment of land without there being a trespass or physical invasion. Robert R. Wright, Land Use, 3rd ed. at 17. There is three types of nuisances; public, private, and per se. Id. Mr. Harstad can be held liable under each of the three theories of nuisance law. A public nuisance is an activity or a failure to conduct an activity that adversely affects the health, morals, safety, welfare, comfort or convenience of the public in general. Id. The aforementioned injury sustained by Mrs. Castaneda's child indicates that the vacant lot affects the health and safety of the community, because any child may enter the premises and suffer a similar injury. Mr. Harstad may claim that the vacant lot is private property and that children should not enter the premises, and if they do it is at their own risk. However, a massive amount of case law dictates that a landowner is liable for injuries sustained by trespassing children where it is reasonably foreseeable that injury may occur. A physical inspection of the vacant lot shows the obvious foreseeability of injury to an unsuspecting child. In addition, the "Attractive Nuisance Doctrine" also imposes liability on a land owner for injuries to a child where a �j visible amusement attraction exists on the land. The slope of V the hill and jungle -like qualities, coupled with it being the V � only ap_ access to the pond without upsetting a homeowner, indicates the li Mrs. f t heal ou inherent attractiveness of the vacant l Case law supports Castaneda's contention that the apparent hazardous condition vacant lot presents a public nuisance that affects the th and safety of the entire community.) The City of Fridley not allow e to go unattended becaus G the next injury may be more significant than a broken hand. Vo Unlike a public nuisance, a private nuisance does not require a widespread adverse negative impact on the community. 1 V' Private nuisances normally occur when one neighbor another neighbor from quietly enjoying her land: This ranges / anywhere from a tree obstructing the solar rays to loud noise emanating from a house. In addition, a private nuisance does not have to be strictly an affirmative act. Robert R. Wright, Ind Use, 3rd ed. at 18. It can result from a failure to maintain the property in a easonably suitable condition; his is normally referred to as "non -feasance". I �,��� 601 T/18L-F j4­ Although Mr. Harstad may not be committing an ��Uaffirmative act, he is liable for non -feasance. Evidence of this non -feasance is the failure to put up warning signs to prevent injury and the failure to enclose the lot to prevent the dumping of aste that frequently occurs. The waste frequently thrown down the hill ranges from trash to Christmas trees and from metal poles to wooden fences. This waste is not only visible to the naked eye but can also serve as a hazardous element to add to the public nuisance analysis. As a result, Mrs. Castaneda is prevented from enjoying the fruits of her labors in improving her land to raise her property value in anticipation of a sale. In addition, she is deprived of her basic property right to enjoy her property, without having a trash and weed infested jungle for an adjacent lot. It is evident that Mr. Harstad's failure to maintain the property in a reasonably suitable condition has deprived Mrs. Castaneda her right to enjoy her property, which indicates that the vacant lot is also a private nuisance. po—i A nuisance per se di ers from a public and private /�JM nuisance in that it results normally from a statutory violation." Robert R. Wright, Land Use, 3rd ed. at 18. The attached summarized outline contains several statutes and city codes that Mr. Harstad has violated. The purpose of the Fridley City Code is to protect and promote the health, safety, comfort, convenience, prosperity and general welfare of Fridley. Chapter 205.01. More specifically, the Fridley City Code attempts to promote sound land management, Chapter 205.02(2), in an effort I to conserve and improve the economic value of land and buildings in the community, Chapter 205.02(7). The following violations contravene the goals of Fridley and allow the City to seek legal action against a non -conforming landowner. �r Chapter"105.01 states that is is unlawful for an owner of land in the City of Fridley to maintain or permit the growth of weeds, grass, brush or rank vegetation to a greater height than ten inches on the average. The photographs indicate that the height of the weeds and brush clearly reaches far beyond the prescribed ten inches. Chapter 105.02 further goes on to say that the owner has a duty to cut and remove such weeds, grass, brush or other rank vegetation. Mr. Harstad cuts the weeds on the vacant lot twice a year. It is not reasonable to believe that vegetative growth can be maintained within the requirements of the ordinance with only two cuts per year. Therefore, Mr. Harstad clearly violates the Fridley City Code, set forth in Chapter 205.01. Furthermore, Chapter 205.08.06(4) states that all "vacant" lots, tracts or parcels shall be properly maintained in an orderly manner free of litter or junk. As previously mentioned, the vacant lot frequently is subjected to littering. Thus, Mr. Harstad has violated several Fridley City Codes which indicates that the condition of the lot can also be considered a nuisance per se. The aforementioned analysis clearly indicates that the vacant lot owned by Mr. Harstad can be classified as either a public, private or per se nuisance. It is also apparent by both the condition of the vacant lot and the hopeless efforts of real estate agencies other than his own that Mr. Hardstad has given up hopes of ever selling the to s. Castaneda has offered to C cU pur-bias �the�aant lot from Mr. Harstad to improve it and make it safer for the community. Mr. Harstad, however, has rejected \' any of Mrs. Cas ne a s offers. Therefore, Mrs. Castaneda is \� respectfully requesting that the City of Fridley intervene in v this matter to either encourage Mr. Harstad's cooperation in V� selling the lot to her or to force him to continuously maintain the vacant lot at an acceptable and safe level. Respectf lly, abriel Castaneda Chapter 205.01: The purpose of,the Fridley City Code is to protect and promote the health, safety, comfort, convenience, prosperity and general welfare of the City of Fridley. Chapter 205.02: This section specifies the purpose of the city codes and the following directly relate to the issue at hand. (2)To promote sound land management and the orderly development of the community. (7)To conserve and improve the economic value of land and buildings in the community. (9)To maintain the City's image. Chapter 205.08.03: This section relates to the lot requirements of an R2 �l "Two Family Dwelling District Regulation". It has the following requirements. _� (A)A minimum lot area of 10,000 square feet. (B)The width shall not be less then seventy-five feet at the required set -back. (C)Not more than 30% of the area shall be covered by the main building. Chapter 205.08.06: This section relates to the landscaping requirements and the following sections apply: Uo�/tq (2)A11 open areas of any site shall be soded, '7� seeded, or have vegitative cover. 13)Every yard and all structures, walls, fences, walks, steps, driveways and other exterior developments shall be maintained in an attractive well kept condition. (4) A11 tracts or parcels shall be ained in an orderly manner free of litter or junk. Chapter 105.01: It is unlawful for an owner of land in the City of Fridley to maintain or permit growth of weeds, grass, brush or rank vegetation to a greater height than ten inches on the average. Chapter 105.02: It shall be the duty of any such owner to cut and remove all such weeds, grass, brush or other unlawful vegetation as often as may be necessary to comply with the ten inch requirement.