HomeMy WebLinkAboutadministrative search warrant STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
ADMINISTRATIVE SEARCH WARRANT
TO: LYLE OMAN, CITY OF ORONO
WHEREAS, Lyle Oman has this day on oath, made application to this Court applying
for issuance of an administrative search warrant to search inside and outside of the following
described premises: 3645 Togo Road, located in the City of Orono, County of Hennepin, and
State of Minnesota("Subject Property"), for the following described things: City Code
violations, evidence of uninhabitable conditions, and other safety hazards;
WHEREAS,the application and affidavit were presented and read by the Court,
NOW,THEREFORE, the Court finds that cause exists for the issuance of an
administrative search warrant upon the following grounds:
City Code violations and uninhabitable conditions exist upon the Subject Property
and interior inspection is required to determine the extent and severity of such
conditions.
NOW, THEREFORE, LYLE OMAN and his designated agents are hereby commanded
to enter the Subject Property and to search inside and outside the house, garage, and accessory
structures for the existence of City Code violations, evidence of uninhabitable conditions, and
other safety hazards.
Dated: 223 , 2011
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
In re: APPLICATION FOR
ADMINISTRATIVE SEARCH
3645 Togo Road WARRANT AND AFFIDAVIT
Orono, Minnesota
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
Lyle Oman,being first duly sworn upon oath,hereby makes application to this Court for
a warrant to search the premises hereinafter described, for the things hereinafter described.
Affiant knows the contents of this application and affidavit, and the statements herein are
true of his own knowledge, save as to such as are herein stated on information and belief,and as
to those,he believes them to be true. Affiant has good reason to believe, and does believe, that
the following described things exist at the premises, to-wit:
Numerous City Code violations and habitability hazards exist at the premises
described as 3645 Togo Road, located in the City of Orono, County of Hennepin,
and State of Minnesota("Subject Property").
This affiant applies for issuance of a search warrant upon the preceding grounds. The
fasts tending to establish the grounds for issuance of an administrative search warrant are as
follows:
Your affiant is the Building Official for the City of Orono. On March 4, 2011,
Orono Building your affiant personally inspected the exterior of the Subject
Property and gained access to inspect the interior of the Subject Property by
consent. Your affiant noted numerous code violations on and in the Subject
Property and learned that the house on the Subject Property is open to trespass.
Your affiant personally observed that piles of garbage and combustible material
obstructed ingress and egress to the interior of the Subject Property. In a stairwell,
your affiant personally observed full garbage bags, boxes, plastic bins, and
unbagged trash and junk blocking passage. Your affiant personally observed
peeling and chipping paint on the doors and walls of interior spaces. Based on
observations of the Subject Property's porch, your affiant believes there are large
amounts of garbage and combustible material accumulating in the front porch and
interior of the Subject Property. Your affiant personally observed large amounts
of clutter, garbage, and combustible material stacked flush against the windows
and screens of the front porch. Your affiant further personally observed that paint
on the exterior wood surfaces of the house was peeling and chipping and a
number of windows were either damaged or missing.
On April 22, 2011, your affiant performed a follow-up inspection. In addition to
the above-mentioned violations, your affiant discovered a number of property
maintenance code violations. Throughout the exterior of the Subject Property
your affiant personally observed improper storage of lawn mowers, wood pallets,
scrap metal, windows, scrap lumber, tires, tire rims, doors, buckets, gas
containers, shingles, ladders, mattresses, appliances, home furnishings, bags and
boxes of garbage, glass bottles, traps, metal cans, rakes, shovels, and
miscellaneous junk and debris. Additionally, your affiant observed a horse trailer
and recreational vehicle with expired license plates. The license plate on the horse
trailer, MN CT D1157, expired in 2000. The license plate on the recreational
vehicle, MN RT 08805, expired in February 2009.
On May 9, 2011, your affiant performed a third inspection and found that all of
the previously observed code violations and property maintenance violations
persisted. Your affiant's observations regarding the conditions and code violations
on the property have led your affiant to believe that the Subject Property is
inadequately maintained, dilapidated, physically damaged, in an unsanitary
condition, appears to be abandoned, and constitutes a hazard to public safety and
health.
Based on your affiant's observations and based on your affiant's knowledge of hazards to
health and safety, your affiant has probable cause to believe that the Subject Property meets the
definition of hazardous property as stated in Minn. Stat. § 463.15 subd. 3. The hazardous
condition must be abated or repaired immediately pursuant to the provisions of Chapter 463.
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WHEREFORE, affiant requests an administrative search warrant be issued commanding
Lyle Oman and his designated agents to enter the Subject Property and to search inside and
outside the house, garage, and accessory structure for the existence of City Code violations,
evidence of uninhabitable conditions, and other safety hazards.
I�N
Lyle O an
Subscribed sworn to before me AZb) RACHEL DODGE
this �day of 2011 NOTARY PUBLIC-MINNESOTA
My Commissia►Exp'w,Im►.31,2015
Lk"-C�
Notary Public
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