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HomeMy WebLinkAboutRe: code violations/court proceedings, etc. CAMPBELL KNUTSON 71-k p OP0 July 28, 2014 VV0 r Mr. James L. Barth 3725 Togo Road Orono, MN 55391 Re: Appeal Request Regarding Orono City Code § 78-1577 Dear Mr. Barth: This office represents the City of Orono. The City received your letter dated July 16, 2014, and the $50.00 check you enclosed. The letter stated as follows: I James Barth of 3725 Togo Rd, appeal the 78-1577 ordnance violation. I am in full compliance of this ordnance. Based on your letter, it is unclear to the City what action you intend to appeal. Over the past few years, you have attended several court hearings regarding your compliance with Orono City Code Section 78-1577. On February 10, 2011, you pleaded guilty to Count 1: Exterior Storage pursuant to Orono City Code Section 78-1577. As part of your sentence, the judge ordered you to follow the conditions of your probation. On June 16, 2014, the Honorable Ivy S. Bernhardson found that you violated the terms of your probation. On July 18, 2014, the Honorable Charles A. Porter denied a motion you filed regarding the probation violation. The Orono Zoning Board of Appeals and Adjustments ("Board") does not have any authority to overturn any decision made by the court. If you wish to appeal any judicial decision, you must do so in court. The Board only has the following powers: (1) To hear and decide appeals from any affected person where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter. (2) To hear requests for variances in accordance with this chapter. (3) To exercise other functions as provided in this chapter. Orono City Code § 78-96(a). r Page 2 July 28, 2014 Mr. James L. Barth If you wish to appeal to the Board,please submit a notice"stating the action appealed from and stating the specific grounds upon which the appeal is made"pursuant to Orono City Code § 78- 99. Please find your check for$50.00 enclosed in this letter. If you have any questions about this,please contact my office at 651-452-5000. Very truly yours, CAMPBELL KNUTSON Professional Association Soren M. Mattick Orono City Attorney SMM/SNC Enclosure cc: Lyle Oman, Building Official Orono man jailed five days for junky yard I Full Disclosure I StarTribune.com#commentH... Page 1 of 7 Log In I Register i My accounts i Subscribe Digital• Home delivery I Today's Paper Search*All content O Business listings Search ' Site Index StarTribune local News Local Sports Business Politics Opinion Lifestyle Entertainment Obituaries Classifieds Autos Housing Jobs + ® North Metro West Metro South Metro East Metro Minneapolis St.Paul Your Voices Blogs+Columns Minnesota Topics jy Home > Local ) Local Blogs+Columns > Full Disclosure from the homepage Ventura jury deliberating;attorneys,judge have had several meetings Full Disclosure Rules would limit the size of new homes across Minneapolis TCF Stadium first:Grass surface being installed for A Exploring public data for the public good,every Clay soccer match James Eli Shiffer,the Star Tribune's watchdog and data editor,digs into data and documents to uncover the news. Reach him at 612-673-4116,james.shiffer@starthbune.com or follow him on Twitter at @jameselishiffer.Tell us what to investigate.Send your story tips to whisdeblower@startribune.com. a resize text o 0 subscribe via RSS Orono man jailed five days for junky yard Posted by:James Eli Shiffer Updated:July 22,2014-1:13 PM 30 comments print 66 Share rnn a James Barth checked into `�` ADVERTISEMENT the Hennepin County workhouse on Saturday for a five-day stay, - courtesy of a squabble with the recent posts city of Orono over what he was storing in his yard.While the - dispute began with a May 2010 _ Former conservator admits stealing$120K to inspection,the most recent trouble feed gambling habit involved some ladders and logs Monday roundup:Lifting the veil on oil trains, near a garage,according to his tax dodgers,local pot out of jail brother,Jeff. An indictment for"Mr.X,"man in background Imprisoning someone who violates +�� of investment scheme a zoning ordinance is an unusual s but not unprecedented use of a +-� ` My mystifying journey into the world of FOIA city's power to govern what r , A J (part 2) someone does on theiriy.`Yh t 4N s Map:58 disasters declared in Minnesota property.The city says Barth since 1965 violated city ordinance 78-1577, `+ '•';: which governs"exterior storage"in �•y �"'K:r � mmnn man iailad five days fnr iunkv yard residential zones.An ordinance n. violation can be treated as a +. misdemeanor. post by category Barth is an over-the-road trucker who lives with his brother John at The offending junk(photo from Jeff Barth) 3725 Togo Road,an old house on Vikings(1) eons(3J a leafy lot that's a little more than half an acre.He's actually one of triplets.James,John and Jeff are 49 years old,and they're speaking with one voice about what they see as a city going overboard in on the road(1) punishing a property owner. "He shouldn't be going to jail for ladders and firewood,"Jeff Barth said."It's just outrageous." ©© ^/1 rw Soren Mattick,the city attorney for Orono,said that the workhouse sentence was the decision of a 7 YJ judge that followed a missed court date,a bench warrant and a recent inspection that revealed continuing code violations. most read most emailed most watched "I don't think it just comes down to what's on the lawn,"Mattick said.As far as the city prosecuting someone for the upkeep of their property,"those standards are meant to be community standards... Access Vikings:Blanton This is how we would like to see the community to look." "111 receives praise from Zimmer The trouble began with a city inspection in May 2010,which revealed Barth was keeping"lumber, kv scrap metals,ladders,tires,rims,metal shelving,garbage bags,5-gallon buckets,tarps,furniture, utility trailers,miscellaneous construction debris,junk and a Ford L800 Diesel vehicle with expired registration."After a third inspection,in August 2010,determined that more junk had accumulated("a http://www.startribune.com/local/blogs/267982061.html 7/29/2014 Orono man jailed five days for junky yard I Full Disclosure I StarTribune.com#commentH... Page 2 of 7 wooden gate,an appliance,a battery,and a carpet remnant")the city decided to prosecute.In 2011, -- One of the largest cranes Barth pleaded guilty to one count of violating a city ordinance,and received probation. , ' ' t in the world goes to work I r He got rid of the old truck and much of the other stuff,but after another inspection this spring S Barth was back in court.Judge Ivy Bernhardson ordered him to report to the workhouse on July 19 Access Vikings:Rudolph and told him to have the violations eliminated by July 24. ► gets five-year extension John Barth showed up at the Orono City Council meeting June 23 to plead for help.Mattick said it was in the judge's hands."Mattick noted James Barth had three years to clean up the violations and Human cannonball flies that it was not a matter of two ladders. Mattick stated there were a number of pictures showing h ; 166 feet in the air at violations presented at the hearing and that if James Barth had done what the court ordered three Canterbury Park years ago,he would not have served any time in jail,"according to the minutes of the meeting. 10,us I'm still waiting to see those pictures,which I've requested from Mattick and the Hennepin district Is Teddy Bridgewater court staff.For now,I offer the photo above,which Jeff Barth emailed to me. , ready? Jeff Barth said that before last week,his brother got a Bobcat,buried the rotting wood and got rid of the other stuff,so there are no more violations.But that wasn't enough to get the judge to keep More video James Barth out of jail. «older post newer post» More about locks, barges Map: 58 disasters declared Visit"1Miinnesota'sf�$fan r'(video) and politics in Minnesota since 1965 Day trip:Charles Lindbergh's boyhood home T The only woman ever executed In Minnesota T Sponsored links from MN Historical Society Read our comment standards 30 comments - livefyfe > Q Which Log in/register to comment 31 people listening purchase in the next 30 days?(choose al that appty) Towws Red Baron Tonfttone l -�+Follow ShareNone of the above Newest Oldest vote �MOCt�/lJC'i Jul.24,14 1:40 PM ADVERTISEMENT Looking at Google maps satellite view this junk would been visible no no one other that the O homeowner.So now the wood is buried on the property,and the junk is gone. VoIng out Doesn't anyone else find it odd that a guy with junk in his yard gets 5 days in jail,while the drug dealers and pimps get a stern warning and diversion? GET IN 3 Like Reply THE UME Jul.24,14 Download our entertainment Orono should apply such high standards to their roads.Hillbilly roads amidst the mansions!NePcIIP app» out roads just north off CR 6.Paved nicely on Medina side and pothole plus on Orono side of border.Been that way for at least ten years. digital access)) Like Reply $uttday Print Edition+ R�t Jul.22,14 8:51 PM A short story by professor poppy Title-Orono man gets 5 days jail time for stuff behind his garage. Save on Star Tribune Chapter one-Hello Kitty �+d-^L All Unllmtted Digital I never would of thought anyone in a million years could ever be sentenced to jail for 5 days CBlflri Lt414 Accessl» because they stored ladders,firewood and some harmless homeowner stuff behind their garage, that's tucked back in the woods so far you would need a search party to find. steals)) Well wrong again,seems to be a pattern lately in the world today,and most recently in Orono, Minnesota"ya don't u know."Apparently in Orono they don't like that kind of stuff,and will go out of their way to prosecute these kind of unruly,home owning,taxpaying,worker bees and die hard ,, " Viking fans with stuff behind their garages. Save So,some three years ago some nice Orono city employee comes snooping around,pulls right into Now! the driveway with one of those fancy luxury suv and starts taking pictures of stuff behind said tucked back in the woods garage. Save 60%off or morel» Not knowing what she might find and taking great caution as not to alert any wildlife that could alert anyone of her position,successful in her photo journalism project she rush of to the Orono gang ADVERTISEMENT ADVERTISEMENT hideout to document the outrageous items that must be illegal for anyone to obtain,let's see,... http://www.startribune.com/localiblogs/267982061.html 7/29/2014 Orono man jailed five days for junky yard I Full Disclosure I StarTribune.com#commentH... Page 3 of 7 • wait for it..a 10 year old bicycle,unprofessionally leaning up against a wall,a scary spare tire,and some not so new redwood boards. Excited with her find,she painstaking scoured through endless volumes of city code books.Wait, she paused..what am I doing,is this what I want to do with the rest of my life,how is this bettering my fellow man,are my intention noble,are my action for a greater good or am I just a mindless drone programed by an authoritarian educational system that does not want me to think for myself. What the heck just happened,destroy these object collectors and shall my wrath be inhumane, unjustified and painfully corrupt to the untrained eyes of most and yet give my socialist SENIOR BUSINESS Physician,Family coconspirators that warm fuzzy feeling around the water cooler at feeding time. ANALYST Medicine Life Time Fitness Inc Fairview Health Fresh from a night of bloodletting puppies,city inspector planner esquire wonder girl had a new Services bounce in her slightly squishy from puppy blood,black pumps...Time to bring my irrefutable Help Desk Specialist nonsensical photos and cumbersome code violation to the higher ups,surely they will understand General Equipment& Diesel Mechanic my willingness to violate any ethical human traits and praise me for understanding the ways they Supplies SouthWest Transit themselves came up the ranks of corruption...Darn I'm good.Maybe they will let me get that hello kitty phone in my slave cubical. Data Warehouse Ag Sales Coordinator Architect Hiniker Company 1 Like Reply Frontage Technologies,Inc. Bricklayers WEISE MASONRY, mamazog Jul.24,14 Electrical Engineer II INC. @jeff7181west TL;DR....maybe you should consider a blog. 10:05 AM (EAGAN,MN) Midcontinent Director of Mining Independent System Twin Metals Minnesota 2 Like Reply Operator,Inc., LLC Jul.22,14 Insurance Sales Journey Level We can't sell our house because our neighbor's backyard looks like a total'junkyard'. Evevo PM Career Opportunities Electrician showing we've had with potential buyers,the feedback is always the same:"Do not want to have AAA Star Tribune to look at the neighbor's yard." I haven't even complained to the City because I hate to make an DIRECT SALES enemy of a neighbor as long as we own a property next to them. I guess,I have to rent it now. REPRESENTATIVE Purchasing and So,what does the City do when someone refuses to clean-up their yard??? I guess they could Mediacom Receiving Clerk Star Tribune have fined him rather than jail time. LPNs or RNs 3 Like Reply The Lutheran Home Association i� Jul.22,14 search all jobs a Looks like he has had 4 years to dean this up.Maybe he will get the message.I also think49 PM v neighbors should be able to sue for the decline in their property values ADVERTISEMENT 7 eLike Reply Jul.22,14 Wish the city of Chanhassen would do the same for our neighbor who ignores the requestsY PM neighbors and the city,yet has enough for a$100,000 car parked on the street outside amidst rubbish in the yard. If you want to live amidst junk and unfinished projects,more power to you but move out to the country where no one else has to deal with the eye sore. 5 S'. Like Reply Jul.22,14 This guy's pile is NOTHING compared to the pile of junk that accumulated by where we liJlAgm to in Minnetonka.On top of that,the owner burned used motor oil in his garage stove regularly. Minnetonka city officials didn't care much because they didn't have to live by it. 3 0 Like Reply Jul.22,14 3:23 PM It wasn't just"ladders and firewood". It was,"lumber,scrap metals,ladders,tires,rims,metal shelving,garbage bags,5-gallon buckets, tarps,furniture,utility trailers,miscellaneous construction debris,junk and a Ford L800 Diesel vehicle with expired registration"and"a wooden gate,an appliance,a battery,and a carpet remnant" That's a huge difference. 13 a &Like Reply jeff7181west Jul.22,14 8:47 PM Those items were gone years ago,as the article stated. We still don't know what possible would be a violation since the area behind the garage which is not visible to anyone was three ladders and the stack of useable redwood for art projects.Once again not visible to anyone but squirrels in trees and tresspassing city inspectors with nothing else to do. 2 Like Reply Jul.22,14 Between this fiasco and the city threatening Jay Nygard with jail time for his windmill,OroA'Wcv its attorneys are showing their true colors.This mess is nothing compared to some of the junk houses we're forced to look at in neighboring Mound.Half the population http://www.startribune.com/local/blogs/267982061.html 7/29/2014 Orono man jailed five days for junky yard I Full Disclosure StarTribune.com#commentH... Page 4 of 7 MinnesotaGold Jul.22,14 boy,mighty glad I's living in the Trailer Park, Here cleanliness is an exception. 2:58 PM 6 Like Reply shomann Jul.22,14 Here's an idea,how about just getting rid of the junk?I wouldn't want to look at it! 2:46 PM 19 a Like Reply jeff7181west Jul.22,14 Petition to have Soren Mattick fired pending. Time to clean house. 2:30 PM 4 Like Reply jeff7181west Jul.22,14 228 PM The pile of wood in the picture was gone weeks ago.besides,its not visible from any of the property lines. only squirrels and trespassing city officials can see how ugly the old redwood boards where. RIP-redwood boards we will miss you. 4 Like Reply rayk1800 Jul.22,14 That's the issue with junk in the yards. If you don't like the ordinance,then move out in t4iWRy where junk in the yards is accepted. City's ordinances are a compromise for all and the guy had plenty of time to cleanup the junk. I'm sure this won't be the end it. 21 Like Reply jeff7181west Jul.22,14 559 PM Not junk,and not visible to anyone! If a tree falls in the woods and nobody heard it,did it make a noise? 1 Like Reply mje990 Jul.22,14 1 wouldn't want to live next to that. Three years seems long enough to wait for cleanup. 2:15 PM 19 0 Like Reply jeff7181west Jul.22,14 1:54 PM 5 days in jail for ladders and firewood As of this Saturday morning James Barth will be in jail five days for ladders and firewood behind his garage that no one can see from the property lines as the ordinance he apparently violated clearly states is ok.As crazy as this sounds its true,this is not an exaggeration.The city of Orono, MN.In all their power and glory of the law decided that the proper course of action was to punish a homeowner criminally.So,how did we get here. A story rarely heard from a small town,to this date I've only heard of one other case where a homeowner was jailed for 2 days for unfinished piece of siding.That case was in Burnsville and resulted in an Minnesota senate committee investigation and lawsuit against the city. James Barth should of never been prosecuted in the first place,we can argue what city ordinance he supposedly violated and how ladders and firewood and a bike leaning up against his garage was a violation to his secret probation and why he plead guilty to his first court date,assuming they would just stop trespassing and harassing perhaps.The simple fact remains,at no time did anyone at the city stop from their overzealous,systematic and unjust asinine trespassing safari and inform him of his right to file an appeal with the city zoning board that oversees ordinance enforcement,if this would of been done James Barth homeowner could of spent thousands of his hard working dollars to hire his own slew of lawyers to counter the city's lawyers,thus is the American justice system for people with money which he has not.So let's by all means destroy your homeowner financially and emotionally. To the city employees,yes I must remind them that they work for us and the hired slew of lawyers that the city uses to speak for them are also our employees.When was James Barth's rights as a property owner every considered,I'm sure your lawyers as they whisper in your ears will guide you in the correct answer before they cash their next Orono paycheck.When did the city of Orono mayor and council decide it was OK for Lawyers to speak for them,I must of missed that day in civic Gass. The city lawyers and code enforcement employees involved in this will most assuredly and inevitable state that they were"just doing their jobs","just following the law"and then proceed to incoherently lecture you on their interpretation of some law or code,missing the point that's as clear as the nose on their faces or use diversion to place the blame onto the homeowner by controlling the authoritarian propaganda in nice little sound bites or quotes in the news.Another http://www.startribune.com/local/blogs/267982061.html 7/29/2014 Orono man jailed five days for junky yard I Full Disclosure I StarTribune.com#commentH... Page 5 of 7 tactic or term often used referred to as"plausible deniability"in which the chain of command denies knowledge of and/or responsibility for any damageable actions committed by the lower ranks because of a lack of evidence that can confirm their participation even if personally involved or at least willfully ignorant. The individual's responsible for James Barth sitting in jail are sleeping well tonight with little or no thought of their action or in actions that were directly responsible for sending someone to jail over ladders and firewood.I'm sure if you ask 100 people if jail time was warranted in this case,you would get the response"are you kidding me"95 percent of the time.The other 5 percent are most likely Sociopaths,lawyers or both.So,once again how did we get here? When did the city of Orono decide that Tyranny was ok,that cruel and unusually punishment was ok,or is it a new Orwellian city creed they are now rolling into place.A creed that demands obedience of its subjects or suffer it criminal consequences especially is you don't have the means to defend yourself. Months from now after the media buzz and court hearings die down and the city and lawyers can step back to reflect on what has just happened in this microcosm of society.If they have a conscious,what will their first questions be to themselves.What could I've done differently,did my ego and the sense of power override my moral compass,was I overzealous in my prosecution and too eager to inflict damage on others,was my sense of self-worth solely based on my position in life,has my eagerness to please my peers lead me down the wrong path,I'm I morally misguided in this and other actions in life. Well that's what any person would ask of themselves if responsible for sending someone to jail over ladders and firewood.So the next time you look into the mirror and your thoughts wonder,I hope you remember what your everyday actions and inaction resulted in. And years from now when your elected positions are a distant memory or your employment with the city has been abruptly terminated and pursue your careers as lawyers,Grief counselor,gift shop suppliers,silver spoon trust fund babies or whatever you do in your private life's.Let your thought and actions from that day forward be for the betterment of society and not part of the problem. James Barth will be out of jail in 5 days assuredly more Bitter and angry,along with his family and close friends and new ones that are made aware of his case every day.When the day comes when the name James Barth is a side note in your past.Rest assured,We will not forget your roles great or small or what you tried to accomplish here,using your elected and hired power to destroy another human being for ladders and firewood. Rest assured we will not forget your names,they are craved into our memories. 7 Like Reply canuck99 Jul.22,14 1 would guess the main reason he is in jail is because he missed a court date.'Ab;4m argue he shouldn't have been in front of a judge in the first place and I might agree with you.But don't mess with a judge.They will put you in jail. 20 0 Like Reply indastix Jul.22,14 Did you read the part where the judge said,that this is not just about ladders aA33 PM firewood?Well obviously not because you brought it up enough in your rant.Would you want this garbage collector to be your neighbor when you're trying to make a profit on the house that you're about to sell to get away from guy's like him?You see everyone has some kind of expectation and I don't have any problem with a neighbor expecting that I don't turn my neighberhood into one giant junk yard.Boohoo....the guy doesn't have money for enough lawyers but apparently he's got enough money to buy more junk to add to the pile already there.Nope don't feel sorry for him at all. 12 0 Like Reply suefranpat Jul.22,14 @indastix My impression is that @jeff7181west is James Barth's broN&PM Jeff,one of the triplets. Simply based on his passion. Might not be the case. 6 0 Like Reply jeff7181west Jul.22,14 @indastix what junk,wood? 3:30 PM Like Reply jeff7181west Jul.22,14 8:36 PM The judge did not state that'd the city lawyer did,the last I checked junk is free and lawyer cost money.Once again none of the wood was visible to anyone and the truck and other old violations where gone years ago. I suggest you read the artical again,or not. I got your point,your ok with jailing people. http://www.startribune.com/local/blogs/267982061.html 7/29/2014 Orono man jailed five days for junky yard I Full Disclosure I StarTribune.com#commentH... Page 6 of 7 4 Like Reply chucker8l Jul.22,14 @jeff7181west I don't feel sorry for him. 2:59 PM 11 1 Like Reply strib220714 Jul.22,14 3:35 PM @jeff7181west It isn't just Orono. South Saint Paul will throw you in jail for not painting your stucco house the color they want(never mind that you shouldn't even paint stucco in most cases). And not just 5 days,either. I have no problem with city ordinances requiring certain standards of order and maintenance for yards,homes,buildings,etc. But those are civil ordinances,not criminal code for crimes with victims. Never should any American be thrown in jail for such a thing. It's tyranny and IMHO unconstitutional. Fines or fees for cleanup,and when unpaid,property tax levies,would appear to be the right way to handle such things. 3 Like Reply xxxwlllis Jul.22,14 @jeff7181west You guys are the folks wasting taxpayer dollars by stubbornly rAWY to comply with basic ordinances,common decency,and respect for your neighbors. Anyone familiar with the property knows it could have been handled quickly and easily years ago.But you had to try and"make a point"...a battle you were destined to lose because you were in dear violation. 11 Like Reply jeff7181west Jul.22,14 7:18 PM Not in violation if no one can see it,sorry you are still paying Tax's, Sorry about you losing your job at the city. Like Reply cavell Jul.22,14 If u chop u junk into small chunks,u can get rid of almost anything.Garbage hauler will tak'e53 PM anything within reason.Guy sounds kinda stubborn. 17 • Like Reply jeff7181west Jul.22,14 2:18 PM @cavell small chunks gets you only 21/2 days in jail,I guess that would of been fair? firewood should be banned. 2 Like Reply Powered by Livefyre inside the StarTribune news graphics,. home„ jobs r entertainments entertainment r lifestyle w Interactive map: Adversaries on what's 2014 Minnesota Top Download our summer Soundcheck: Best of Minnesota Finding best gas prices killing bees battle for Workplaces a-book thriller,'Savage Minnesota musicians 2014:Food,drink, in metro our hearts and minds Minnesota'l up close getaways,design and more *Raewb" Search the Star Tribe � News Local Sports Business Politics Opinion Lifestyle Entertainment Obituaries Classifieds Autos Housing Jobs http://www.startribune.com/local/blogs/267982061.html 7/29/2014 Orono man jailed five days for junky yard I Full Disclosure I StarTribune.com#commentH... 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StarTribune.com is powered by Limelight Networks Newspaper Subscriptions eEdition RSS Newsletters http://www.startribune.com/local/blogs/267982061.html 7/29/2014 Melanie Curtis From: 7632867590@vzwpix.com Sent: Sunday, July 20, 2014 8:53 PM To: Melanie Curtis Attachments: text O.txt 1 text_O.txt As of this Saturday morning James Barth will be in jail five days for ladders and firewood behind his garage that no one can see from the property lines as the ordinance he apparently violated clearly states is ok. As crazy as this sounds its true, this is not an exaggeration. The city of Orono Mn. In all their power and glory of the law decided that the proper course of action was to punish a homeowner criminally. so, how did we get here. A story rarely heard from a small town, to this date I've only heard of one other case where a homeowner was jailed for 2 days for unfinished piece of siding. That case was in Burnsville and resulted in an Minnesota senate committee investigation and lawsuit against the city. James Barth should of never been prosecuted in the first place, we can argue what city ordinance he supposedly violated and how ladders and firewood and a bike leaning up against his garage was a violation to his secret probation and why he plead guilty to his first court date, assuming they would just stop trespassing and harassing perhaps. The simple fact remains, at no time did anyone at the city stop from their overzealous, systematic and unjust asinine trespassing safari and inform him of his right to file an appeal with the city zoning board that oversees ordinance enforcement , if this would of been done James Barth homeowner could of spent thousands of his hard working dollars to hire his own slue of bottom feeding lawyers to counter the city's bottom feeders, thus is the American justice system for people with money which he is has not. so lets by all means destroy your homeowner financially and emotionally. To the city employees, yes i must remind them that they work for us and the hired slue of lawyers that the city uses to speak for them are also our employees. when was James Barth's rights as a property owner every considered, I'm sure your bottom feeding lawyers as they whisper in your ears will guide you in the correct answer before they cash their next Orono paycheck to make their Lexus payment and country club membership dues. when did the city of Orono mayor and council decide it was OK for Lawyers to speak for them, i must of missed that day in civic class. The city lawyers and code enforcement employees involved in this will most assuredly and inevitable state that they were "just doing their jobs" ," just following the law" and then proceed to incoherently lecture you on their interpretation of some law or code, missing the point that's as clear as the nose on their faces or use diversion to place the blame onto the homeowner by controlling the authoritarian propaganda in nice little sound bites or quotes in the news. Another tactic or term often used referred to as " plausible deniability" in which the The chain of command denies knowledge of and/or responsibility for any damageable actions committed by the lower ranks because of a lack of evidence that can confirm their participation even if personally involved or at least willfully ignorant. The individual 's responsible for James Barth sitting in jail are sleeping well tonight with little or no thought of their action or inactions that were directly responsible for sending someone to jail over ladders and firewood. I'm sure if you ask 100 people if jail time was warranted in this case, you would get the response "are you kidding me" 95 percent of the time. The other 5 percent are most likely sociopaths, lawyers or both. so, once again how did we get here? when did the city of Orono decide that Tyranny was ok , that cruel and unusually punishment was o , or is it a new orwellian city creed they are now rolling into place. A creed that demands obedience of its subjects or suffer it criminal consequences especially is you don't have the means finically to defend yourself. Months from now after the media buzz and court hearings die down and the city and lawyers can step back to reflect on what has just happened in this microcosm of society. If they have a conscious, what will their first questions be to themselves. what could I've done differently , did my ego and the sense of power override my moral compass, was I over zealous in myprosecution and to eager to inflict damage on others, was my sense of self worth solely based on my position in life, has my eagerness to please my peers lead me down the wrong path, I'm i morally misguided in this and other actions in life. well that's what any person would ask of themselves if responsible for sending someone to jail over ladders and firewood. so the next time you look into the mirror and your thoughts wonder, I hope you remember what Page 1 text_O.txt your everyday actions and inaction resulted in. And years from now when your elected positions are a distant memory or your employment with the city has been abruptly terminated and pursue your careers as lawyers, Grief counselor, gift shop suppliers, silver spoon trust fund babies or what ever you do in your private life's. Let your thought and actions from that day forward be for the betterment of society and not part of the problem. James Barth will be out of jail in 5 days assuredly more Bitter and angry, along with his family and close friends and new ones that are made aware of his case everyday. when the day comes when the name James Barth is side note in your past. Rest assured, we will not forget your rolesgreat or small or what you tried to accomplish here, using your elected and hired power to destroy another human being for ladders and firewood. Rest assured we will not forget your names, they are craved into our memories. Page 2 Melanie Curtis From: Barth, Jeffrey Obarth@harmoninc.com] Sent: Friday, July 18, 2014 2:16 PM To: Melanie Curtis Subject: FW: James Barth going to jail tomorrow for 5 days. Attachments: photo.jpg; image.jpeg; image.jpeg Ktsp wants an interview what time should they be at your house. I '�. \4� ' Tit F ; .� � .••�, ��S^ - _ g y y w - -- �, ,ter d a •yt ..r ^ s • 4.+ _ it� - � - t - ~ 1..,�• ..1 yam, �M.,.-�:� ZLKk.,, (af — ATE TIME -CII-MF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED 22-7 ADDRESS c� t � -Mq O OWNER TELEPHONE NO. CONTRACTORn DESCRIPTION Jl fes- V ►SIT V 1 OLA or_ t4 ❑ FOOTING ❑ PLUMBING FINAL ❑ EXCAV/GRADING/FILLING Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS y ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS ❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT ❑ DEMO-SITE ❑ SEPTIC MAINT ❑ FOLLOW-UP ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL v ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL OWNER/CONTRACTOR TO MEET YOU:_YES_NO COMMENTS: W a cc J O O W W cc Q 2 W W CC J d W ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE Uj W ❑CORRECT WORK&PROCEED E] ISSUE CERTIFICATE OF OCCUPANCY 0 ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY V BEFORE COVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. ,WPHOTOTAKEN INSPECTOR WILL RETURN ❑STOP ORDER POSTED.CALL INSPECTOR ❑CITATION ISSUED ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 OwnerlContract on s' Inspector. White Copy/Inspector's File Canary Copy/Site Notice Christine Mattson Subject: James Barth - Hearing Location: Ridgedale Start: Thu 6/19/2014 2:30 PM End: Thu 6/19/2014 4:30 PM Recurrence: (none) Meeting Status: Accepted Organizer: Melanie Curtis Required Attendees: Lyle Oman; Christine Mattson 4/25/14 Good morning, Melanie Mr. Barth was picked up on his warrant and given a hearing date of yesterday where he appeared and denied the violation.The defendant stated he has been living in Tennessee and relinquished his half ownership to his brother,and that the dump truck has been removed.The case has now been set for a Contested Probation Violation Hearing/Morrissey Hearing for 6-19-2014 at 2:30 p.m. in Ridgedale. We will need the inspector who witnessed this violation to appear at this hearing, and to please bring all evidence, such as photographs along with them. Please feel free to contact me if you have any questions. If 1 missed sending this to anyone, please let me know. Thank you! Kabel Rwyyel.l. Legal Assistant Campbell Knutson, PA 1380 Corporate Center Curve - Suite 317 Eagan, MN 55121 651-234-6211 1 Christine Mattson From: Lyle Oman Sent: Tuesday, July 08, 2014 3:37 PM To: 'slbrennan@usfamily.net' Cc: 'aschwartz@ck-law.com'; Melanie Curtis; Christine Mattson Subject: FW: 3725 Togo Road Attachments: admin@ci.orono.mn.us_20140708_150406.pdf; 100_2430.jpg; 100_2431.jpg; 100_2428.jpg; 100_2429.]pg Mr. Brennan, I visited Mr. Barth's property at 3725 Togo road in Orono and found great improvements. However the are still two issued to deal with. One is exterior storage of item's on a trailer (it is still a violation even when covered with a tarp). The second is a large pile of brush and logs that is a violation of the pest harborage section unless it is neatly stacked. See attached code sections and pictures. Lyle Oman Building Official City of Orono TO SCHEDULE AN INSPECTION, CALL: 952.249.4600 952.249.4625 - Direct Dial 952.249.4600 - Main 952.249.4616 - Fax www.ci.orono.mn.us ................................................................................ ................................................................................ Office Hours: Monday - Friday 8:00 am to 4:30 pm ................................................................................ ................................................................................ Physical Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: PO Box 66 Crystal Bay, MN 55323-0066 -----Original Message----- From: Christine Mattson Sent: Tuesday, July 08, 2014 2:54 PM To: Lyle Oman Subject: 3725 Togo Road i r- ml AW rCD r O r AA ,,/ 4� r ..f r i r CD ti �. o IL IL s, V C t IF, - 41, If w _ e t 'x •,fi i .kY,� Municode Pagel of 5 Sec. 78-1577. Exterior storage in R districts. In all R districts, it is the responsibility of the owner of any property, improved or unimproved, to maintain the outdoor areas; including courtyards and the like, of the property and adjacent rights- of-way in a manner that complies with the following requirements.All recreational vehicles, mobile homes,camping trailers, motor homes, pickup coaches,travel trailers, special mobile equipment, and utility trailers shall meet the requirements of this Code.Additionally, all exterior storage must comply with subdivision (6)of this section. (1) Deflngions: a. Blight means a deteriorated condition, something that impairs or destroys. b. Junk means any cast-off, damaged,discarded,junked, obsolete,salvage, scrapped, unusable,worn-out or wrecked object,thing or material composed in whole or in part of asphalt, brick,carbon, cement, plastic, or other synthetic substance,fiber, glass, metal, paper, plaster, plaster of Paris, rubber,terra cotta,wool,cotton, cloth, canvas, organic matter or other substance, regardless of perceived market value or requiring reconditioning in order to be used for its original purpose. C. Recreational vehicle. Mobile home and recreational vehicle shall mean and include the following definitions, and shall not Include any manufactured housing unit bearing a State of Minnesota manufactured housing seal or certificate,for uses including but not limited to those listed below: 1- Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses,also called a pop-up camper. 2. Motor home means a portable,temporary dwelling to be used for travel, recreation and vacation,constructed as an integral part of a self- propelled vehicle. 3- Pickup camper means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 4. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer. d. Special mobHe equipment means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to:ditch digging equipment, moving dollies, pump hoists and other well-drilling equipment,street sweeping vehicles,and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders,tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving equipment.The term does not include travel trailers,dump trucks,truck mounted-transit-mixem,tnick-mGunted-feed-grindem,-or-other-motor-vedides designed for the transportation of persons or property to which machinery has been attached. https://Hbrary.municode.com/print.aspx?h=&cliendD=13094&HT'MRequest=https%3a%2f... 7/7/2014 Municode Page 2 of 5 e. Utility trailer means any motorises vehicle,other than a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles,all terrain vehicles, or property on Its own structure and for being drawn by a motor vehicle but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. (2) [Parking regulated.]Parking of recreational vehicles, mobile homes and utility trailers shall be regulated as follows: a• It is unlawful for any person to park a mobile home or recreational vehicle upon public property for human habitation b• It is unlawful for any person to park or store a utility trailer, mobile home, recreational vehicle in any"R"district for more than 24 hours,except in a side or rear yard at least five feet from any property line. C. It is unlawful to use a mobile home or recreational vehicle for human habitation on any private property for more than 72 hours without a permit from the city. (3) Vehicle storage.All vehicles parked or stored on any property within the city shall be operable and currently licensed.The parking of vehicles,other than recreational vehicles, in "R"districts is regulated as follows: a• Parking of vehicles other than recreational vehicles,with a maximum gross vehicle weight(GVW)of 14,000 pounds or less is allowed In all"R"districts. b- Parking of vehicles in"R"districts in excess of 14,000 pounds GVW has the potential to create negative impacts on the surrounding neighborhood.These impacts may include noise(from operation as well as maintenance of vehicle); vibration; glare; odors; soil/water contamination(from dripping,washing, etc.); hazards to pedestrians by way of proximity, especially on private roads;wear and tear on local or private roads; propensity to offload remaining cargo on site at end of day;and visual incompatibility with the character of a neighborhood. Such use may be acceptable under certain conditions in zoning districts where lot areas are generally two acres or larger.Therefore, parking of such vehicles requires each of the following conditions be met: 1• Property owner must be vehicle owner or operator. 2. Vehicle must be set back 50 feet from property lines. 3. Vehicle must not be visible from neighboring properties and public streets;vegetative screening is preferred. 4. Maintenance of said vehicle shall occur within an enclosed building. 5• The vehicle shall not constitute a nuisance at any time. 6. In a shared driveway situation,the applicant shall demonstrate that the appropriate easement exists. 7. Minimum lot size of five acres. For any property at least two acres but less than five acres in area,where it can be shown that prior to the effective date of this section such a vehicle was previously stored on a regular basis prior to and after January 1, 2004, a vehicle storage permit may be granted if the above conditions a.through f. are met,subject also to the following limitations: 1• A_vehicle_storage-parmitmay-nly-bs Issuedfbup md ass within the RR-1 B, RRA A,and LIRA zoning districts. ii. https:/Aibrary.municode.com/print.aspx?h=&clientID=13094&HTM ,equest=https%3a%2f... 7/7/2014 Municode Page 3 of 5 Such permit shall be granted only to the current properly owner and only for the specific vehicle applied for.The current owner may replace the vehicle in kind, but shall not add other such vehicles.Any replacement vehicle must be registered with the city within 30 days to transfer Its permitted status. iii. This permit shall not appy to subsequent property owners, subsequent property owners shall not be considered as having a grandfathered permit by virtue of their predecessors permit. Iv. This permit shall automatically and permanently expire if the vehicle storage Is voluntarily discontinued for a period of one year. (4) [Storage of boats and boat trailers.]Boats, unoccupied boat trailers,and boats on trailers shall be subject to the following storage requirements when not stored for commercial purposes: a• Licensing, operability and restorations.All boats stored outside on a residential property shall be licensed to the owner or occupant of the property.All boats stored on a property shall be in operable condition, except that inoperable boats under active restoration may be stored on a property for not more than two years,the intent being to discourage the long-term storage of inoperable boats on residential property. b. Principal residence required. No boat shall be stored on a property or on a group of contiguous commonly owned properties that does not contain a principle residence structure. C. Maximum length. Boats and unoccupied boat trailers exceeding 30 feet in length shall not be stored on any residential property except within a fully enclosed building meeting all applicable zoning and building code standards. Exception: Existing boats over 30 feet in length which are documented to have been stored on the property within the 24 months prior to the effective date of the ordinance from which this section Is derived shall be allowed to continue such storage practice until the property is sold,and shall meet the setback requirements of this section. d. Allowed storage locations. Boats and unoccupied boat trailers up to 30 feet in length may be stored outside on residential property as follows: 1• Lakeshore lots. Boats may be stored in a side yard, street yard, side street yard and lakeshore yard as long as they meet required setbacks and have no significant impact on lake views enjoyed by adjacent neighbors. 2• Nonlakeshore lots. Boats maybe stored in a side yard and rear yard; trailerable boats may be stored on trailers in a driveway in a front yard or side street yard. e. Required setbacks. Boats and unoccupied boat trailers shall be stored no less than five feet from any lot line and no less than 15 feet from the principal residence structure on any adjacent lot. f• Screening. Screening is not required for outside boat storage when In conformance with this section. If boats are shrink wrapped,white is the eferred-color-but-is-not-manda 9• Dispute resolution. Complaints regarding boats stored in lakeshore yards and potentially impacting a neighbors views of the lake will be referred to a dispute https://Iibrary.municode.com/print.aspx?h=&chentID=13094&HTMRequest=https%3a%2f... 7/7/2014 Municode Page 4 of 5 resolution committee, consisting of the planning director,the.building official, and a member of the planning and zoning staff. (5) [Prohibited parking or storageJ Outdoor parking or storage of special mobile equipment as defined In this section shall be prohibited in any W district. (6) Prohibited material storage. Any violation of this section is subject to abatement upon seven days'written notice to the owner of private premises on which such material is found or any conditions In violation of this code section exist.The owner of the property will be determined as shown by the records of the office of the county recorder.The city may remove such matter or correct any conditions in violation,and certify the cost of such removals or corrections as any other special assessment. Additionally,the city may also seek Injunctive relief for violation of this section. Owners of private property shall remove and keep removed from all exterior areas of all residential properties the following items: a• Pest harborage.All exterior property shall be free from rodent harborage and Infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed to accumulate outside a structure in a manner that attracts an infestation of pests. Materials permitted and approved for exterior storage shall be neatly stacked. b. Trash and debris. �. All household garbage, offal, dead animals, anlmal and human waste, and waste materials. 2• Accumulations of litter,glass,scrap materials(such as wood, metal, paper,and plastics),junk, combustible materials,stagnant water, plastic bags or trash. 3. Accumulations of clothing and any other items not designed for outdoor storage. C. Non-trash nems. 1- Accumulations of wood pallets. 2• Accumulations of vehicle parts or tires. 3. All construction and building materials unless such materials are being used at the time in the construction of a building, in which case such construction must be permitted and on a continuous, uninterrupted basis. 4. All appliances or appliance parts. 5. All Indoor or upholstered furniture of a type or material which is deteriorated by exposure to outdoor elements. 6• All recycling materials except for reasonable accumulations, amounts consistent with a policy of regular removal,which are stored In a well- maintained ellmaintained manner according to Chapter 50 and Chapter 54 7. All other non-trash Items which: (1) Are of a type or quantity inconsistent with normal and usual use; or (ii) Are of a type or quantity inconsistent with the Intended use of the property; or iii)- A1iVeo ob���iimpede the necessary passage Uf fire or other emergency personnel. d. https://Iibrary.municode.com/print.aspx?h=&chentID=13094&HTMRequest=https%3a%2f... 7/7/2014 Christine Mattson From: Katie Toenjes [KToenjes@ck-law.com] Sent: Friday, July 11, 2014 2:20 PM To: Christine Mattson; Melanie Curtis; Lyle Oman Cc: Alina Schwartz Subject: James Barth, 27-CR-10-43299, update Good afternoon, Just an update on the above-referenced case - James Barth and his brother,John Barth, have retained Sidney Brennen as their attorney.Today, Mr. Brennen made a request to the sentencing judge,Judge Bernhardson,to stay Mr. Barth's five-day jail sentence in order to address the wood removal issue on his property. (James is supposed to be commencing his jail sentence on 7-19-14)Judge Bernhardson denied the request. Mr. Brennen then asked on behalf of his clients if John Barth could serve the five-day jail sentence instead of James in order to avoid loss of income, or if the court would consider community work service as an alternative.Judge Bernhardson denied both requests. Please contact myself, or Alina Schwartz if you have any questions.Thanks! Ka.fi Tom je y Legal Assistant Campbell Knutson, PA 1380 Corporate Center Curve-Suite 317 Eagan, MN 55121 Direct: 651-234-6211 1 DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED ADDRESS 3-12L"5 10f) OWNER TEL PHONE NO. CONTRACTOR DESCRIPTION ❑ FOOTING ❑ PLUMBING FINAL ❑ EXCAV/GRADING/FILLING 11.1 Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS h ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS ❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT v ❑ DEMO-SITE ❑ SEPTIC MAINT ❑ FOLLOW-UP ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL v ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL Z OWNER/CONTRACTOR TO MEET YOU:_YES_NO v0, COMMENTS: W vlua a J O 1 O U. W QC Q 2 W W rc O WU ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE W ❑CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY 0 ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY V BEFORE COVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. OTO TAKEN INSPECTOR WILL RETURN ❑STOP ORDER POSTED.CALL INSPECTOR ❑CITATION ISSUED ❑INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 �r Owner/Contrac�nto�nron site- Inspector. (11V White CopylInspector's File Canary CopylSite Notice r a t a a a. .i� AN `b C L� q . c yy x i. . . 4, h f \ k 00 1 1f `I ,III {I - ' � , V.W. '{y, y� {• ��w. J I - �l� a *,fib ' .. 'r •'. ;w J: 26 �+. J _ �,� 1 rlv '.'�,f fat. �7�` •r,M��v J I w � CQ - r xl ILI r.MF N ,y _ � 1 lk 48 r r- _ y :b 1 Y. 1 Y iY a _� T _ i ... a : u s, . � '� �,, ', � - �. �� r�� c. ��, =� �� 1 :" b� .r �. �,. j. �� S'�. x f �., � � * � { .4� { t }�:a. �4, { 1 1.: � y r: ,;�, ' 1. s Christine Mattson From: Jean Olson [JOlson@ck-Iaw.com) Sent: Wednesday, August 01, 2012 9:01 AM To: Melanie Curtis; Lyle Oman; Christine Mattson Cc: Soren Mattick;Alina Schwartz Subject: Code Violation Table Attachments: DOCS-#161934-v4-ORONO_CODE VIOLATION TABLE ACTIVE_CASES_2012.DOC Good Morning, Soren asked that I begin sending you monthly a copy of our code violation table. Attached is that document. If there are any changes or corrections please let me know. Next month I will send you a redlined version indicating the changes made during the month. Upcominghearings are as follows: Y• i'1•IL James Barth, 3725 Togo Road-Review hearing/contested probation violation 24Vr2 at 2:00 p.m. Please mark your calendar,Alina would like Melanie and Willie to attend this hearing. If you have questions regarding the hearing,please call Alina directly at(651)234-6220. Jean M.Olson,Legal Assistant Campbell Knutson,Professional Association 1380 Corporate Center Curve•Suite 317•Eagan,MN 55121 Direct:651.234.6212•Fax:651.452.5550 e-mail:Jolson ck-law.com #161934v4 1 ORONO CODE VIOLATIONS ACTIVE CASES-2014 DEFENDANT LOCATION OF VIOLATION CITY STAFF COURT DATE COMMENTS%STATUS/ OFFENSE CONTACT DISPOS tT1ON BARTH,James LeRoy 3725 Togo Road Exterior Storage in R Melanie Curtis 04/26/12 @ 8:30 5/6/11 Prob Viol does filed w/Court. 27-CR-10-43299 District Hrg 9/26/12 deft still in warrant status. 6/14/12 @ 1:30 10/30/12 deft still in warrant status. p.m. Rev Hrg 11/29/12 deft still in warrant status. 08/17/12 Rev Hrg 12/26/12 deft still in warrant status. @ 2:00 pm 2/1/13 still in warrant status NS13W 3/13/13 still in warrant status 4/24/14 Rev Hrg 4/30/13 still in warrant status; 6/19/14 Morrissey 07/15/13 still in warrant status Hrg. 9/30/13 still in warrant status 4/24/14 denied violation, SF evil.Hrg. 3t o�04,o City of Orono P.O. Box 66 �j Crystal Bay, MN 55323-0066 (952)249-4600 History Report for: James L. Barth Address: 3725 Togo Road Date Inspected Inspector Comments Item # 10/1/1992 Officer 521 Orono Police Department Report 1 12/10/1992 Oman Work done beyond building permit#3767 and zoning violations 2 2/12/1993 Oman Unlicensed/inoperable vehicles, work beyond limits of building permit 3 9/8/1995 Oman Notice of zoning violation 4 9/29/1995 Oman Final notice of zoning violation 5 4/18/2006 Oman Addition on garage without a building permit 6 10/18/2006 Potts District Court appearance. 7 11/30/2009 Curtis/Mattson Junk and Debris. Photos taken. 8 12/11/2099 Curtis Violation letter sent. Mr. Barth didn't sign for certified copy. 9 3/24/2010 Curtis/Mattson Nothing changed 10 5/25/2010 Gibbs Photos taken. 11 6/1/2010 Curtis Violation letter sent. Mr. Barth didn't sign for certified copy. 12 6/17/2010 Gibbs Site inspection performed. Photos taken. 13 7/8/2010 Curtis Formal complaint sent to CK. 14 7/12/2010 CK Violation letter sent. 15 8/4/2010 Gibbs Site inspection performed. Photos taken. 16 8/23/2010 Curtis Signed court documents. 17 11/5/2010 Barth Requested a continuance 18 12/6/2010 Mattson Photos taken. 19 12/8/2010 Gibbs Photos taken. 20 12/10/2010 Curtis Barth arraignment. 21 1/26/2011 Gibbs Photos taken. 22 1/28/2011 Curtis Barth pre-trial. Barth requested a continuance. 23 2/8/2011 Curtis Barth pre-trial. 24 2/10/2011 Alina appeared in court regarding James Barth rF 26 5/4/2011 Gibbs Site Visit/Access denied .2A0 5/4/2011 Mattson Memo to Soren Mattick 3-L7 5/6/2011 CK Letter from CK to Hennepin County Court Administrator .42.r 6/8/2011 Gibbs Memo from Gibbs lft9 6/8/2011 Gibbs Photos taken. t:50 6/16/2011 Olson Email from Jean Olson 'TSS 3/1/2012 Olson Email from Jean Olson ."2- 3/9/2012 Orono PD Barth picked up on warrant -1-913 4/25/2012 Gibbs Photos taken. 4/26/2012 Court hearing rescheduled 8/16/2012 Curtis Site visit/ Photos taken Z:\Forms\Code Compliance\Violation Tracking Sheets.xls 8/17/2012 Christine Mattson From: Katie Toenjes [KToenjes@ck-law.com] Sent: Monday, June 23, 2014 8:15 AM To: Christine Mattson Subject: RE: Barth/3725 Togo Road Good morning Christine, It looks like a violation was found, and Mr. Barth is to comply with City Codes by July 24, 2014,and there was a fine of $800 imposed along with a jail sentence of 5 days to commence on July 19, 2014 at 9 a.m. I will let you know if there are any updates once I receive the file back from the prosecutor. Thanks so much! Ka,f, Totwj e k Legal Assistant Campbell Knutson, PA 1380 Corporate Center Curve-Suite 317 Eagan, MN 55121 Direct: 651-234-6211 From: Christine Mattson [mailto:CMattson(abci.orono.mn.us] Sent: Monday, June 23, 2014 8:06 AM To: Katie Toenjes Subject: Barth / 3725 Togo Road Good Morning, Please let me know the outcome of the Barth hearing on Friday and what day I need to schedule a re-inspection for compliance. Thank you! Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway Orono MN 55356 (physical address) PO Box 66 Crystal Bay MN 55323-0066 (mailing address) `d' 952.249.4620 8 952.249.4616 ® cmattson@ci.orono.mn.us www.ci.orono.mn.us Summer Office Hours: (Monday, May 19 through Friday,August 29,2014) Monday-Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am 9UR OFFICE WILL BE CLOSED: Friday,July 4, 2014 1 OL4 City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 (952)249-4600 History Report for: James L. Barth Address: 3725 Togo Road Date Inspected Inspector Comments Item # 10/1/1992 Officer 521 Orono Police Department Report 1 12/10/1992 Oman Work done beyond building permit#3767 and zoning violations 2 2/12/1993 Oman Unlicensed/inoperable vehicles, work beyond limits of building permit 3 9/8/1995 Oman Notice of zoning violation 4 9/29/1995 Oman Final notice of zoning violation 5 4/18/2006 Oman Addition on garage without a building permit 6 10/18/2006 Potts District Court appearance. 7 11/30/2009 Curtis/Mattson Junk and Debris. Photos taken. 8 12/11/2099 Curtis Violation letter sent. Mr. Barth didn't sign for certified copy. 9 3/24/2010 Curtis/Mattson Nothing changed 10 5/25/2010 Gibbs Photos taken. 11 6/1/2010 Curtis Violation letter sent. Mr. Barth didn't sign for certified copy. 12 6/17/2010 Gibbs Site inspection performed. Photos taken. 13 7/8/2010 Curtis Formal complaint sent to CK. 14 7/12/2010 CK Violation letter sent. 15 8/4/2010 Gibbs Site inspection performed. Photos taken. 16 8/23/2010 Curtis Signed court documents. 17 11/5/2010 Barth Requested a continuance 18 12/6/2010 Mattson Photos taken. 19 12/8/2010 Gibbs Photos taken. 20 12/10/2010 Curtis Barth arraignment. 21 1/26/2011 Gibbs Photos taken. 22 1/28/2011 Curtis Barth pre-trial. Barth requested a continuance. 23 2/8/2011 Curtis Barth pre-trial. 24 2/10/2011 Alina appeared in court regarding James Barth 25 5/4/2011 Gibbs Site Visit/Access denied 26 5/4/2011 Mattson Memo to Soren Mattick 27 5/6/2011 CK Letter from CK to Hennepin County Court Administrator 28 6/8/2011 Gibbs Memo from Gibbs 29 6/8/2011 Gibbs Photos taken. 30 6/16/2011 Olson Email from Jean Olson 31 3/1/2012 Olson Email from Jean Olson 32 3/9/2012 Orono PD Barth picked up on warrant 33 4/25/2012 Gibbs Photos taken. 34 4/26/2012 Court hearing rescheduled 8/16/2012 Curtis Site visit/ Photos taken 35 6/1$/2014 Oman Site visit/ Photos taken 36 Z:\Forms\Code Compliance\Violation Tracking Sheets.xls 6/17/2014 - t J r I r- ' 4 - Ar- .N i sr r -:d . _06/18/2014 rl • � � ,re' F•#'�,1' �.!i, � '� r: w' e N. .r�+�.r"art %�` •fit; �/r • • • a •'.' • • it Ile AF � - AdGpmpwr, - + '' w s It r Y .Vw W,10 \ E Nis .- YYYTTT >t ��"^ �:, ��• fir.- - c: n73 �. -. fir' ;�,*; •"�.'.. , 43 do— i ' ,c, 31251-bqu W 31(o r -Y `�--"=-' -_._=��--....�,. Vii• 4 E 3 y S r 06/ 18/2014 i r .�. BUILDING . A s � fix' J W 4 r OfiAL A2UI&IN Trailer Sale 1•800•56 fi5 �K r `r 061 $/2014 r mw a • Tt. ,"° .� , .. �• .r+.• 'moi .{ ��_ ,e'er'"+...t .._ •' `��'• s�'ri�%r*�ai• i i . " r '7,iM1 J �� 6/.18/2014 � M , • � �,fl �r� ,�. t •t 'r�., •mss�" W. X06/18/2014 AOI *W--1 Z•�IIIIII JOHN DEERE',IN �,` DATE TIME j CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED ADDRESS OWNER TEL PHONE NO. CONTRACTOR i DESCRIPTION ❑ FOOTING ❑ PLUMBING FINAL ❑ EXCAV/GRADING/FILLING Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS y ❑ FRAMING ❑ MECHANICAL FINAL Z ❑ El TREE REMOVAL INSULATION ElWOOD BURNER/FIREPLACE ❑ SITE INSPECTION _ ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS ❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT v ❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL v ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL OWNERICONTRACTOR TO MEET YOU:_YES_NO COMMENTS: W a p �_l i ° b W Q Qj W c WW El WORK SATISFACTORY.PROCEED ❑PROJECT COMPLETE W 11 CORRECT WORK 8 PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY 0 ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY C> BEFORECOVERING ❑CORRECT UNSAFE CONDITION WITHIN HOURS.�OTO PERMANENT INSPECTOR WILL RETURN KEN ❑STOP ORDER POSTED.CALL INSPECTOR ❑CITATION ISSUED I ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. I Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contractor on site-, Inspector. White Copy/Inspector's File Canary Copy/Site Notice I •tet it #� d�,i { — f j.. 2 \ 1 ' 1 x 1 y t sti . rti 1 a _ fj el 41 It tk OR ~ - Ok y� � c lob TIP V, or kidi YS � • �u�N.. ! ter. ♦. i T..J �c�. .. it t v, * vL • ti4' a T Iii . 1` TT "1■II - 4 7v/ `• '-rits1' tia YD .'3 ;!a 5-rr �.a..�1 1. D oT '�`• 'x r�`�r I _ a ,�.. ��. ;�r + n, 1 .� „4,,� , ,,a� � . � e �_ ori Gi.a, �� y b „ �n� Fes,�� � ./�a: R: a r� i:; .. �7� `4 1? � ��,. � • � _e t � �. r { '1 ,�y� � � _ �' j::` 1 � ,�.4ti.�� `� yT. c:y . . ._�� � � .' a \ � �� r ly.,., .. ; 1 -�N.tt3�. t. :��z-� _ i - E TIME TY OF ORONO �cA DIN I SPECTION NOTICE SCHEDULED 2_ PERMIT NO. COMPLETED ADDRESS OWNER TEL PHONE NO. CONTRACTOR j DESCRIPTION ❑ FOOTING ❑ PLUMBING FINAL ❑ EXCAV/GRADING/FILLING Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS y ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS El FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT ❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL v ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL Z OWNERICONTRACTOR TO MEET YOU:_YES_NO COMMENTS: cc W C J O cc O W W cc Q Z W W CC J O W ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE cc W ElCORRECT WORK&PROCEED ElISSUE CERTIFICATE OF OCCUPANCY O ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY V BEFORE COVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. HOTOTAKEN INSPECTOR WILL RETURN ❑STOP ORDER POSTED.CALL INSPECTOR ❑CITATION ISSUED ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contractor s%(,U)Inspector. 1 ) White Copy/inspector's File Canary Copy/Site Notice t 04 7 4 1 ar. oow LO oc A f t t �.•_ N v" , g Y r � 9 • r 1 ! N N O O N N �t L 117 •, / �� -x- ME lw : •� '/00000' Jb�y io �� � i ..�► Ift �_,,w ilk p lip IF N xr, r r l "`'tea •'fj.' �... t. e 'rw z O x LOP _ •,. Y � h {. t�. 1. �� .� - c �. y_ .1 CD N ' j x n +F` LO _ { •_ 1 •r 1' �� i It 4 i' 1 NJ N c AF4 • • Christine Mattson From: Jean Olson [JOlson@ck-law.com] Sent: Monday, April 23, 2012 8:36 AM To: Melanie Curtis; Christine Mattson; Lyle Oman Cc: Alina Schwartz Subject: 3725 Togo Road Good Morning, Just a reminder, James Barth is scheduled for a hearing on Thursday, April 26, 2012 at 8:30 a.m. Please provide an updated status of the property before that hearing. Thank you. Jean M.Olson, Legal Assistant Campbell Knutson,Professional Association 1380 Corporate Center Curve• Suite 317•Eagan, MN 55121 Direct: 651.234.6212•Fax: 651.452.5550 e-mail:jolsonkck-law.com 1 INITIAL COMPLAINT REPORT ORONO POLICE DEPARTMENT CONTROL NUMBER CAG DATE REPORTED 2-1go$ MN 027i500 .03/09%20'12 1ADGE HOW RECD TIME REPORTED TIME ASSIGNED TIME ARRIVED TIME CLEAR J 522 Self - 1045 1;045 1130 N LO GRID PLACE COMMITTED O1 3725 Togo Rd °° M O C CODES U C S t ASSIST UNITS SUSPECT = SUS VICTIM = VIC REPORT PARTY = RP OWNER = OWN OFFENDER = OFF OTHER = OTH 2 WITNESS = WIT DRIVER = DR 3 ; COMPLAINT Warrant #Bail Reoeived = OTHER REPORTS INCLUDED ( ) PC NAME D.O.B SEX RY 522 O ARREST O CITATION s .. ADDRESS PHONE(H) O WARNING O JAIL ❑DETOX CITY STATE ZIP PHONE C O IMPOUND O IMP.CONSENT PC NAME D.O.B SEX SUS x James�Leroy Barth _ O INFLUENCE REP. O PROP.INVENT. ADDRESS PHONE(H) 125 Togo O CRASH REPORT O PHOTOS t CITY STATE ZIP PHONE C Orono;° MN 55391 O TAGS O WRITTEN STATEMENT(S) PC NAME D.O.B. SEX O COMM.VEHICLE REPORT ADDRESS PHONE(H) d O VIDEO TAPE O TAPED STATEMENT(S) CITY STATE ZIP PHONE(C) X TAB CHARGE($500 ball released) On 03/09/2012 at approximately 0900 hours,I was contacted by public works employee Randy O'Brian. He said he was at the above address working on a waterline and due to issues with the homeowner(James)in the past,he wanted the police nearby. I gathered information regarding James so I was prepared if he were to cause problems with public works. James had a misdemeanor warrant for storing prohibited material(warrant#11417503). Public works finished business at the house and I advised I would deal with this warrant later in the day so as not to upset James and cause him to be a'problem for them in the future. At 1045 hours,I arrived at James'house along with Officer Siltala. I made contact with him and he stepped outside. Officer Siltala advised him he was under arrest for this warrant. James was positively identified and Officer Siltala placed him in handcuffs gapped and double locked to the rear. I confirmed the warrant with the clerk. James said he had$500 for bail from his bank account. I drove James to Minnesota First Bank in Mound. I used the drive-through and he was able to get the money with sufficient funds. I counted the$500($100 bills)in front of James and the teller at the bank. I drove James to his house and he signed the tab charge paperwork and received his copy which listed his court date as 04/03/2012 at 0830 Division 3 courthouse room 323. James was cooperative during my contact with him. Clear. POSITION: UNFOUNDED ❑ CLEARED BY ARREST ❑ REF.OTHER AGENCY ❑ INACTIVE ❑ OTHER ❑ COPY TO: CO ATTORNEY. ❑ COURT ❑ CHIEF ❑ SGT. ❑ INV. ❑ CSO ❑ OTHER Kyle Russeth531 OFFICER NAME LOGIS SGT'S Christine Mattson From: Jean Olson [JOlson@ck-law.com] Sent: Thursday, March 01, 2012 3:28 PM To: Christine Mattson Cc: Alina Schwartz; Soren Mattick Subject: RE: 3725 Togo Rd No worries! From what I can tell with Mr. Barth is he plead guilty to Count 1 (Exterior storage in R District) and Count 2 (Exterior storage in R District) was dismissed on February 10, 2011. Defendant violated his conditions of sentencing and probation violation documents were filed on May 10, 2011. A probation violation hearing was set for June 10, 2011 and then a Revocation hearing was set for July 29, 2011. The defendant failed to appear at the July 29, 2011 hearing and a Bench Warrant was issued. As of today, the Court records still show the defendant in Warrant status and the case "dormant". Jean M.Olson, Legal Assistant Campbell Knutson,Professional Association 1380 Corporate Center Curve•Suite 317• Eagan, MN 55121 Direct:651.234.6212• Fax:651.452.5550 e-mail:iolson@ck-law.com From: Christine Mattson [maiIto:CMattsonO-)ci.orono.mn.usl Sent: Thursday, March 01, 2012 3:19 PM To: Jean Olson Subject: 3725 Togo Rd Hi Jeannie, Last one today...I promise. Can you give me an update as to where we stand with 3725 Togo Road and Mr. Barth. Thanks! Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway 1 Orono ! MN 1 55356 (physical address) PO Box 66 1 Crystal Bay 1 MN ; 55323-0066 (mailing address) 2 952.249.4620 1 A 952.249.4616 ® cmattson@ci.orono.mn.us I -1� www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm Summer Office Hours begin Monday, May 21, 2012 Monday-Thursday: 7:30 am to 5 pm/ Friday 7:30 am to 11:30 am 2Z 1 J Christine Mattson From: Melanie Curtis Sent: Thursday, June 16, 2011 1:31 PM To: Christine Mattson Subject: Fwd: 3382 Shoreline and 3725 Togo Road Sent from my iPhone. Begin forwarded message: From: Jean Olson<JOlsonLa)ck-law.com> Date: June 16, 2011 13:35:50 CDT To: Lyle Oman <LOmanAci.orono.mn.us>, Melanie Curtis <MCurtisLa),ci.orono.mn.us> Cc: Elliott Knetsch<EKnetsch2ck-law.com> Subject: 3382 Shoreline and 3725 Togo Road Lyle and Melanie, With respect to James Barth- Judge Alton extended the defendant more time to clean up the property (against our wishes). Judge Alton ordered Mr. Barth to remove all construction materials and rubbish by July 25, 2011. A Morrissey/Revocation hearing is scheduled for July 29, 2011 at 8:15 a.m. Elliott is requesting that City staff attend this hearing. Our office will need pictures of the property on July 27, 2011 and July 28, 2011. If the defendant is not in compliance on July 29, 2011, and found in violation, Judge Alton was going to issue jail time. Mr. Barth would report on August 14, 2011 unless the City notifies Judge Alton that he is in compliance by August 13, 2011. If you have any questions please give me a call or Elliott a call at 651.234.6233. Thank you. Jean M. Olson, Legal Assistant Campbell Knutson,P.A. 1380 Corporate Center Curve,#317 Eagan,Minnesota 55121 Direct: 651.234.6212;Fax: 651.452.5550 E-mail: jolson(Dck-law.com 1 31 Christine Mattson From: Melanie Curtis Sent: Thursday, June 16, 20112:38 PM To: Christine Mattson Subject: Fwd: 3382 Shoreline and 3725 Togo Road Please note. Sent from my Whone. Begin forwarded message: From: Elliott Knetsch<EKnetsch,@a,ck-law.com> Date: June 16, 2011 14:42:43 CDT To: Jean Olson<JOlson@ck-law.com>, Lyle Oman<LOman@,ci.orono.mn.us>, Melanie Curtis <MCurtis@ci.orono.mn.us> Subject: RE: 3382 Shoreline and 3725 Togo Road Just a slight correction. We need photos on either July 27 or the 28th, not both. Also, the language highlighted in red below is what we will ask Judge Alton to do if he is found in violation. ( Thanks. Elliott From: Jean Olson Sent:Thursday, June 16, 2011 1:36 PM To: 'Lyle Oman'; 'Melanie Curtis' Cc: Elliott Knetsch Subject: 3382 Shoreline and 3725 Togo Road Lyle and Melanie, Elliott Knetsch attended the hearings on June 10, 2011 fo and James Barth, 3725 Togo Road. i With respect to James Barth-Judge Alton extended the defendant more time to clean up the property(against our wishes). Judge Alton ordered Mr. Barth to remove all construction materials and rubbish by July 25, 2011. A Morrissey/Revocation hearing is scheduled for July 29, 2011 at 8:15 a.m. Elliott is requesting that City staff attend this hearing. Our office will need pictures of the property on July 27,2011 and July 28, 2011. If the defendant is not in compliance on July 29, 2011, and found in violation, Judge Alton was going to issue jail time. Mr. Barth would report on August 14, 2011 unless the City notifies Judge Alton that he is in compliance by August 13, 2011. If you have any questions please give me a call or Elliott a call at 651.234.6233. Thank you. Jean M.Olson,Legal Assistant Campbell Knutson,P.A. 1380 Corporate Center Curve,#317 Eagan,Minnesota 55121 Direct: 651.234.6212;Fax: 651.452.5550 E-mail: jolsonack-law.com 2 �. �,• ;dei- �ti a\ � i,. 4. tt•,: • ' 1 1 " _ IL At. v AN N co co CD 1CDd,r' �., Q ice' e i � . - ;� t - -, ,gid _.v►� f CD fit I Wet AK 47 or t ,PL r �. 1 •� S 4�ppy ;• �''t�` iii P � ; e ` \`fie ,�� .,t• �.. ��;.;J•_ k, K .'-. -n-- ...- . ` .'�. .. �;,,,wn[�_S� a .� ,• i. .. , rAL, i �}�, c I 4t th Nk mss ♦ '9�.x i�� •� �`. ♦ ! I! �. • � fir;• f ti - �� ,� ,r ` :t , �d�"�z'. �w,ere+✓'lit �♦ � /� v�tea• �'-'R�. � `-• _ �� �.•o T O ' N co ♦73!!!!liri lili!!T:_.. � � O al► llr. Y ..1 O d)r`. n _� Tot~ !. C a .Ct � 7 $ 1' �` •� Mme• t/' ` `= Q` c •1`.E " \-r _` ' :�..rr/�'Y"/" a It y �/ �'� -4�' . / r •tit �• 1L •,h a i t w t •c Y..�S� ti. ' �g • f\ F. k J rT_Y' ri f .- \ I t; 1 City of Orono Memo To: Whom it may concern From: Willie Gibbs Building Inspector Date: 6/8/2011 Re: 3725 Togo Road Barth Residence I rang the Barth residence door bell twice prior to conducting the inspection. No one answered. I went about taking photo's of the property. I had gone around the garage for a few minutes and when I returned there was a woman standing at the edge of the driveway. She asked me who I was and why I was there. I explained to her what I was doing there and that I knocked twice. She said no one was home. She then wanted to know if it was ethical to take pictures when no one was home and wanted to know if I was doing the ethical thing by taking the photo's. I told her that I was just doing my job and that Barth can take it up with the City Attorney and the Judge on Friday. She then asked if I had a message for Barth and I told her she could tell him the City was there. 1 CAMPBELL KNUTSON RtcE,v� Prc--fessional A ssociatf_cM lygyD C� 9?411 pFpRON Al O May 6, 2011 T hoinas J. ca-ipbe11 -f --mns M. Scott 'itiort B. Knetsch Hennepin County Court Administrator Ar-Irea McD o---vcit Poehler Hennepin County District Court St Division III—Ridgedale 12601 Ridgedale Drive Minnetonka,MIST 55305 Re: State of Minnesota (City of Orono) v. James Leroy Barth Court File No. 27-CR-10-43299 Dear Administrator: Enclosed herewith for filing, please find an Application for Obtaining Defendant's Appearance for Violation of Conditions of Probation and/or Suspended Sentence and proposed Order in the above matter. Please contact the undersigned if you desire additional information. Thank you for your assistance. Very truly yours, CAMPBELL KNUTSON Professional Association By. Soren M. Mattick /jmo Enclosure ` Cc: James L. Barth, Defendant, w/encl. Christine Mattson,Planning Assistant,w/encl.s Lyle Oman, Building Official, w/encl ZK 157517 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT State of Minnesota, Court File No. 27-CR-10-43299 (City of Orono), Plaintiff, APPLICATION FOR OBTAINING vs. DEFENDANT'S APPEARANCE FOR VIOLATION OF James Leroy Barth, CONDITIONS OF PROBATION AND/OR SUSPENDED SENTENCE Defendant. On February 10, 2011, the defendant, James Leroy Barth, appeared before the Honorable Ann Leslie Alton in the above Court and plead guilty to Count 1 of the Complaint—Exterior Storage in R Districts—prohibited material storage,with Count 2 being dismissed, in this proceeding. At that time, Judge Alton stayed execution of sentence for one year upon the following conditions: (1)that the defendant serve 90 days in the Hennepin County Workhouse- Adult Corrections, which 90 days was stayed for a period of one year; (2)that the defendant pay a fine in the amount of$1,000.00, of which$800.00 was stayed for a period of one year; (3)that the defendant serve one year probation to the court; (4)that the defendant remove the vehicle or update and register said vehicle by February 7, 2011, said vehicle to be drivable; (5)that the defendant remove the rest of the construction material and rubbish by May 1, 2011; and(6)that the defendant have no same or similar incidents. The defendant has violated his conditions of probation by not removing the construction materials and rubbish from the subject property by May 1, 2011. Dated: Is- ' 2011 CAMPBELL KNUTSON Professional Association By: Soren M. Mattick, #027785X Attorneys for Plaintiff 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: (651) 452-5000 157517 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT State of Minnesota, Court File No. 27-CR-10-43299 (City of Orono), Plaintiff, ORDER REVOKING PROBATION VS. James Leroy Barth, Defendant. WHEREAS, the attached Application has been filed with the Court indicating that the above-named defendant has violated one or more conditions of probation and/or suspended sentence; and WHEREAS,the Court finds that there is probable cause to believe that a violation exists. NOW,THEREFORE,IT IS HEREBY ORDERED: 1. The defendant's probation and stay of imposition be revoked. 2. The defendant shall appear for a hearing at Hennepin County District Court, 12601 Ridgedale Drive, Minnetonka,Minnesota, on the day of , 2011, at o'clock a.m. 3. Until the hearing scheduled herein,the defendant may remain at liberty. 4. Should the defendant fail to appear for the review hearing, a bench warrant shall be issued for the defendant's arrest. Dated: 92011 BY THE COURT: Judge of District Court 157517 Christine Mattson From: Christine Mattson Sent: Thursday, May 05, 2011 3:00 PM To: Soren Mattick Cc: Melanie Curtis Subject: 3725 Togo Road Violation Attachments: admin@ci.orono.mn.us_20110505_145042.pdf; 100_5292.jpg Soren, Per our discussion at the staff meeting this morning, Mr. Barth at 3725 Togo Road appeared in court on February 10, 2011. He plead guilty to Count 1, Exterior Storage in R Districts. ' He was to remove or update and register the vehicle in one week. That was done, photo attached. By May 1, 2011 Mr. Barth was to remove the rest of the construction materials and rubbish. Per the attached inspection slip, Inspector Gibbs rang the door bell at 3725 Togo Road on May 4, 2011 at 2:15 PM. Gibbs was greeted at the door by Barth's brother who denied Gibbs access to the property. Let me know if you need any additional information. Christine Mattson Planning Assistant 952-249-4620 ( r,Y ni�'kt V Y Y 1 TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED CS _Z-1 1 PERMIT NO. COMPLETED ADDRESS 12.S :MC10 LL, OWNER TELEPHONE NO. CONTRACTOR \f n DESCRIPTION l V v ❑ FOOTING ❑ PLUMBI G FINAL ❑ EXCAWGRADING/FILLING Q El POURED WALL El MECHANICAL RI El y ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS El FINAL El SEWER HOOK-UP El COMPLAINT v ❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP _ ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL OWNERICONTRACTOR TO MEET YOU:_YES NO C) COMMENTS: cc LU CL cc �C C. are ►��ce � 0 cc LLJ Ct W cc (L Q► C+L)r�S d W ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE CC ❑CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY W ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY V BEFORE COVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. ❑ PHOTOTAKEN INSPECTOR WILL RETURN ElSTOP ORDER POSTED.CALL INSPECTOR El CITATION ISSUED ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contractor on site: Inspector. White Copy/inspector's File Canary Copy/Site Notice r Christine Mattson From: Melanie Curtis Sent: Monday, February 14, 2011 11:16 AM To: Christine Mattson Subject: Fwd: Barth - 3725 Togo Road Begin forwarded message: From: Jean Olson<JOlson@ck-law.com> Date: February 14, 2011 11:17:33 CST To: Lyle Oman<LOman(&ci.orono.mn.us>, Melanie Curtis<MCurtis@ci.orono.mn.us> Cc: Alina Schwartz<ASchwartzna,ck-law.com> Subject: Barth -3725 Togo Road Good Morning, Alina appeared in court on February 10, 2011 regarding the James Barth matter. Mr. Barth plead guilty to count 1, Exterior Storage in R Districts, and count 2 was dismissed. Defendant was placed on probation to court for 1 year; Defendant is not to have any same or similar incidents; Defendant is to have no Orono Ordinance violations within the next year; VT)efendant is to remove or update and register the vehicle within 1 week; and by May 1, 2011 defendant is to remove the rest of the construction materials and rubbish. Should you have any questions or wish to discuss this matter,please give Alina Schwartz a call at 651.234.6220. Thank you. Jean M.Olson,Legal Assistant Campbell Knutson,P.A. 1380 Corporate Center Curve,#317 Eagan,Minnesota 55121 Direct: 651/234-6212;Fax: 651/452-5550 E-mail: Jolson ,ck-law.com 1 'T bA-1 Ftf-WZDATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED -2-Z �Z_ I PERMIT NO. COMPLETED ADDRESS 3 U-5 OWNER TELEPHONEO. CONTRACTOR k Cla DESCRIPTION 1 ' I T MM ❑ FOOTING ❑ PLUMBING FINAL ❑ EXCAWGRADING/FILLING Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS y ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS ❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT v ❑ DEMO-SITE ❑ SEPTIC MAINT ❑ FOLLOW-UP _ ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL v ElPLUMBING RI ElSEPTIC FINAL ❑ FOUNDATION/REMOVAL Z OWNER/CONTRACTOR TO MEET YOU:_YES_NO COMMENTS: cc W Q. CC 0 �Pi r-o Om h2CWGI cc cc an 0 W cc Q Z W W QC d W ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE LU W ❑CORRECT WORK&PROCEED C1ISSUE CERTIFICATE OF OCCUPANCY O ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY V BEFORE COVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. �HOTOTAKEN INSPECTOR WILL RETURN F-1STOP ORDER POSTED.CALL INSPECTOR El CITATION ISSUED ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contractor on�te: Inspector. � (_ White Copy/Inspector's File Canary Copy/Site Notice City of Orono P.O. Box 66 t Crystal Bay, MN 55323-0066 (952)249-4600 History Report for: James L. Barth Address: 3725 Togo Road Date Inspected Inspector Comments Item # 10/1/1992 Officer 521 Orono Police Department Report 1 12/10/1992 Oman Work done beyond building permit#3767 and zoning violations 2 2/12/1993 Oman Unlicensed/inoperable vehicles, work beyond limits of building permit 3 9/8/1995 Oman Notice of zoning violation 4 9/29/1995 Oman Final notice of zoning violation 5 4/18/2006 Oman Addition on garage without a building permit 6 10/18/2006 Potts District Court appearance. 7 11/30/2009 Curtis/Mattson Junk and Debris. Photos taken. 8 12/11/2099 Curtis Violation letter sent. Mr. Barth didn't sign for certified copy. 9 3/24/2010 Curtis/Mattson Nothing changed 10 5/25/2010 Gibbs Photos taken. 11 6/1/2010 Curtis Violation letter sent. Mr. Barth didn't sign for certified copy. 12 6/17/2010 Gibbs Site inspection performed. Photos taken. 13 7/8/2010 Curtis Formal complaint sent to CK. 14 7/12/2010 CK Violation letter sent. 15 8/4/2010 Gibbs Site inspection performed. Photos taken. 16 8/23/2010 Curtis Signed court documents. 17 11/5/2010 Barth Requested a continuance 18 12/6/2010 Mattson Photos taken. 19 12/8/2010 Gibbs Photos taken. 20 12/10/2010 Curtis Barth arraignment. 21 1/26/2011 Gibbs Photos taken. 22 1/28/2011 Curtis Barth pre-trial. Barth requested a continuance. 23 2/8/2011 Curtis Barth pre-trial. 24 \\or-city\zoning$\Forms\Violation Tracking Sheets.xls 2/7/2011 Christine Mattson Subject: James Barth pre-trial Start: Tue 2/8/2011 8:15 AM End: Tue 2/8/2011 9:45 AM Show Time As: Tentative Recurrence: (none) Meeting Status: Not yet responded Organizer: Melanie Curtis Optional Attendees: Christine Mattson Hennepin County District Court, Ridgedale-Division III, 12601 Ridgedale Drive, Minnetonka, MN 55305 Alina Schwartz appeared in court last week on the James Barth matter. It appears that the defendant called the court himself and received a continuance of his hearing date. Apparently he is a truck driver and his vehicle broke down in Canada and there was no way he was going to make it to court in time. Judge Reilly continued the pretrial to 2/8/11 (8:15 a.m.) and indicated on the court records "NO FURTHER CONTINUANCES". Please mark your calendar accordingly. If the case does not resolve at the pretrial, a settlement conference has been scheduled for 2/24/11 and then a jury trial is set for 3/28/11. Please give Alina a call at 651.234.6220 if you have any questions or wish to discuss this matter further. i ... 0 N N CD C0 N N O L" 1W 1 ._: .,Y. r i� =`' ! s 1�! ���/¢fit - r { '�� �. ''s� t g ,� � ;�T ,�' 1 1 �� I �.; �. , ��� ] V '�; '.ays <:ew v: Q N N O fl Lo r-O CD v � - C s ay�,� 3 � v N \ N N' ti k 1 * _T4'"� VGtMM DATE TIME City OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED ADDRESS OWNER TELEPHONE NO. CONTRACTOR / > DESCRIPTION ❑ FOOTING ❑ PLUMBIJ FINAL ❑ EXCAV/GRADING/FILLING Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS y ❑ FRAMING ❑ MECHANICAL FINAL Q E:1 TREE REMOVAL Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS ❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT ❑ DEMO-SITE ❑ SEPTIC MAINT ❑ FOLLOW-UP ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL v ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL OWNERICONTRACTOR TO MEET YOU:_YES_NO COMMENTS: CC W Q_ cc O CC O U_ W cc Q Z W z W z Z) O Wj ElWORK SATISFACTORY:PROCEED ❑ PROJECTCOMPLETE W ❑CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY C) ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY BEFORE COVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. ❑ PHOTOTAKEN INSPECTOR WILL RETURN ❑STOP ORDER POSTED.CALL INSPECTOR ❑ CITATION ISSUED ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contractor on site: Inspector. White Copy/Inspector's File Canary Copy/Site Notice i Christine Mattson From: Melanie Curtis Sent: Monday, January 24, 2011 11:29 AM To: Christine Mattson Subject: FW: Orono-James Barth Oh, and schedule an inspection for Lyle (or Willie) for Wed or Thursday please. MEL-ANIS C VIRTIS i 2 gS'L.2�}q.�}(02 1 i MGVIR-TIS�GI.oR oND.MN.yIS From: Jean Olson [mailto:JOlson @ck-law.com] Sent: Monday, January 24, 2011 11:21 AM To: Melanie Curtis Cc: Alina Schwartz; Lyle Oman Subject: Orono-James Barth Good Morning Melanie, There is a pretrial scheduled for Friday, January 28, 2011 at 8:30 a.m. at Hennepin County District Court, Ridgedale-Division III, 12601 Ridgedale Drive, Minnetonka, MN 55305 regarding the property located at 3725 Togo Road, James Barth. Please plan to attend this hearing and bring an updated property status with you. If you have any questions please contact Alina directly at 651.234-6220. Thank you. Jean M. Olson, Legal Assistant Campbell Knutson,P.A. 1380 Corporate Center Curve,#317 Eagan, Minnesota 55121 Direct: 651/234-6212; Fax: 651/452-5550 E-mail: jolsonAck-law.com 1 s * r t 00 C) FT 41L I IM TI ' to Ali— N ?rt, N W ' °IV k , . N Al tt � AML `J C O tiG. O O _ N N v OO 00 O O r` -D I*F4 4 � c 4. r �, OV40A '�� lh �`� ;t��Atli 1 � r��j ��' ` KR��_ �� '�,� �• ; F.1 ll }.�M�F, " �R..; , �;; � �, ,,c r' Fri �. ?��"�� IR�-• r .3:,,y�.� /1✓ A ��� 'r ��'�C 1'� "!��' i' ' •t� ,lIf ,7 i {s ( •R r' fiffl!�1JIi � ' �iA 1 /201 f `. /`r t.. r/,. sr°„z�s "a♦ / ,i ML t f`1:;�: tAr!� r 7: ��••� •"' .\ �, J�'! T..` /�, :"tip` IdWILO Wo 1} ♦ r ` p14r 7111�wti t TM .tu c "� ,' SII� � � �� •„��� *s�. ,,.,� y a. r 12/06/2010 NMIA -ON M1 if .. tel+ .�... h' , mss, 121//0 6/2'010, t� q, is T innesota PKAr547 eep � MORRIE•s a.0 L 12/06/2010 Christine Mattson From: Jean Olson [JOlson@ck-law.com] Sent: Tuesday, November 16, 2010 3:56 PM To: Christine Mattson Cc: Melanie Curtis; Lyle Oman Subject: RE: Upcoming Hearings Hi Christine, James Barth- 3725 Togo Rd -apparently a continuance was requested on 11/5/10 and the court granted it. The arraignment has been rescheduled for 12/10/10 at 9:30 a.m. I will send a reminder for an updated status the beginning of that week. Have a great night. Jean M.Olson,Legal Assistant Campbell Knutson,P.A. 1380 Corporate Center Curve,#317 Eagan,Minnesota 55121 Direct: 651/234-6212;Fax: 651/452-5550 E-mail: Jolson Ack-law.com From: Christine Mattson jmailto:CMattsonC&ci.orono.mn.us1 _ Sent: Tuesday, November 16, 2010 3:35 PM To: Alina Schwartz Cc: Jean Olson Subject: FW: Upcoming Hearings Hello, Can you tell me the results of the two arraignments on November 12th for the City of Orono? Thanks! From: Christine Mattson Sent: Tuesday,November 09,2010 10:37 AM To: 'Aschwartz@ck-law.com' Cc: Lyle Oman; Melanie Curtis; 'jolson@ck-law.com' Subject: RE: Upcoming Hearings Alina, We do not have any new or additional information on these two cases. 1 Thanks! Christine Mattson 952-249-4620 From: Melanie Curtis Sent: Wednesday,November 03, 2010 3:34 PM To: Christine Mattson Subject: FW: Upcoming Hearings Can you please forward status updates to Alina(copy to Jean) at the email provided below by November 11`h Thanks. Melanie Curtis 19 952.249.4627 IM mcurtis ,ci.orono.mn.us From: Jean Olson fmailto:JOlsongck-law.comj Sent: Wednesday,November 03, 2010 3:34 PM To: Melanie Curtis Cc: Alina Schwartz Subject: Upcoming Hearings Good Afternoon Melanie, The following two files are scheduled for arraignments on November 12th at 9:30 a.m. Your appearance is not necessary at these hearings but you are always welcome to attend. BARTH, JAMES -3725 Togo Road I will be out of the office from 11/5 thru 11/15/10. So please provide an updated status of these two properties to Alina Schwartz at Aschwartzgck-law.com by November 1 Ith. Thank you. Jean M.Olson,Legal Assistant Campbell Knutson,P.A. 1380 Corporate Center Curve,#317 Eagan,Minnesota 55121 Direct: 651/234-6212;Fax: 651/452-5550 E-mail: jolson(a,ck-law.com 2 Christine Mattson From: Melanie Curtis Sent: Wednesday, November 03, 2010 3:34 PM To: Christine Mattson Subject: FW: Upcoming Hearings Can you please forward status updates to Alina (copy to Jean) at the email provided below by November 11"'. Thanks. MEI—ANIS C-MPL- IS 12 g62.2�{-�l.�-fo27 1®MGNR'T1SCaG1.ORONO.MN.1i1S From: Jean Olson fmailto:JOlson(@ck-law.coml Sent: Wednesday, November 03, 2010 3:34 PM To: Melanie Curtis Cc: Alina Schwartz Subject: Upcoming Hearings Good Afternoon Melanie, The following two files are scheduled for arraignments on November 12th at 9:30 a.m. Your appearance is not necessary at these hearings but you are always welcome to attend. BARTH, JAMES -3725 Togo Road I will be out of the office from 11/5 thru 11/15/10. So please provide an updated status of these two properties to Alina Schwartz at Aschwartzkck-law.com by November 11th. Thank you. Jean M.Olson,Legal Assistant Campbell Knutson,P.A. 1380 Corporate Center Curve,#317 Eagan,Minnesota 55121 Direct: 651/234-6212;Fax: 651/452-5550 E-mail: jolson_,ck-law.com 1 Y CAMPBELL KNUTSON Attorneys at Law Suite 317 Eagandale Office Center 1380 Corporate Center Curve RECEIVED Eagan,Minnesota 55121 (651)452-5000 AUG 2 FAX(651)452-5550 ZQ1� CITY OF ORONO COMPLAINT COVER SHEET DATE: August 20, 2010 TO: Melanie Curtis, Planning and Zoning Coordinator FROM: Jean Olson Orono City Attorney's Office Campbell, Knutson, P.A. 1380 Corporate Center Curve, Suite 317 Eagan,Minnesota 55121 Direct Dial: (651) 234-6212 RE: Attached Formal Complaint Attached please find complaints for: AND James Barth /3725 Togo Road DATE: August 20, 2010 TO: Melanie Curtis, Planning and Zoning Coordinator Please review the attached complaints for accuracy. If corrections are needed,please indicate on space provided below and return the same to me or call me directly at(651) 234-6212. IF THE COMPLAINTS ARE ACCURATE, PLEASE SIGN SAME BEFORE A NOTARY PUBLIC. The complaints should then be returned to our office. You may retain this cover sheet with the attached copies of the Complaints for your records. Thank you for your cooperation herein. Complaint is inaccurate: 151990 EFile ID: STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT COURT FILE NO. : PROSECUTOR FILE NO. : 10CR02954 State of Minnesota, Plaintiff, 0 Summons ❑ Warrant V. Order of Detention James Leroy Barth DOB: 03/15/1965 3725 Togo Road Orono, MN 55391 ❑ Amended Defendant. ❑ Tab charge Previously Filed The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is probable cause to believe that the Defendant committed the following offense (s) : Count 1 Orono - Exterior storage in R districts - prohibited material storage In Violation Of: Orono City Code Sec. 78-1577 Penalty: 90 days jail and/or $1,000 On or about August 4, 2010, in Hennepin County, Minnesota, the defendant, JAMES LEROY BARTH, DOB: 03/15/1965, failed to maintain the outdoor areas and remove and keep removed prohibited materials from the exterior areas of the residential property. Count 2 Orono - Exterior storage in R districts - prohibited material storage In Violation Of: Orono City Code Sec. 78-1577 Penalty: 90 days jail and/or $1,000 On or about August 4, 2010, in Hennepin County, Minnesota, the defendant, JAMES LEROY BARTH, DOB: 03/15/1965, failed to maintain the outdoor areas and remove and keep removed prohibited materials from the exterior areas of the residential property. Page 2 STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Your complainant is an Planning and Zoning Coordinator for the City of Orono. The condition of the property located at 3725 Togo Road, in the City of Orono, County of Hennepin, and State of Minnesota ("Subject Property") , was identified as having City Code violations that needed to be corrected. City records reveal that the Subject Property is owned by JAMES LEROY BARTH, DOB: 03/15/1965, the defendant above-named. The Subject Property is zoned residential. On May 25, 2010 the City performed an inspection of the Subject Property and observed exterior storage of miscellaneous materials and debris such as lumber, scrap metals, ladders, tires, rims, metal shelving, garbage bags, 5-gallon buckets, tarps, furniture, utility trailers, miscellaneous construction debris, junk and a Ford L800 Diesel vehicle with expired registration. (Photos were taken. ) On June 1, 2010 a code enforcement letter was sent to the defendant outlining the violations on the subject property and establishing a compliance date of June 17, 2010. On June 22, 2010 the City re-inspected the Subject Property and observed that the aformentioned violations had not been corrected. (Additional photos were taken. ) On July 12, 2010 the Orono City Attorney's office mailed a correction letter to the defendant establishing a compliance date of July 30, 2010. On August 4, 2010 the City made a final inspection of the Subject Property and observed that the aforementioned violations had not been corrected. In addition, the City observed that the condition of the Subject Property had become worse. Additional items observed were items such as a wooden gate, an appliance, a battery, and a carpet remnant. Page 3 Complainant requests that Defendant, subject to bail or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. COMPLAINANT'S NAME: COMPLAINANT'S SIGNATURE: Melanie Curtis Subscribed and sworn to before the undersigned this day of 2010 NAME/TITLE: SIGNATURE: Being authorized to prosecute the offenses charged, I approve this complaint. Date: 8 2 L b PROSECUTING ATTORNEY'S SIGNATURE: Name: Samuel J. Edmunds Prosecuting Attorney 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 651-452-5000 Attorney Registration Number: #387359 Court Case.#:�— Page.B1 FINDING OF PROBABLE CAUSE From the above sworn facts, and anysupporting affidavits or supplemental sworn testimony,I,the Issuing Officer,have determined that probable cause exists to support,subject to bail or conditions of release where applicable,Defendant's arrest or other lawfull steps to be taken to obtain Defendant's appearance in court,or Defendant's detention,if already in custody,pending further proceedings. Defendant is therefore charged with the above-stated offense(s). X❑ SUMMONS THEREFORE,YOU THE ABOVE-NAMED DEFENDANT,ARE HEREBY SUMMONED to appear on the day of 20_at before the above-named court at to answer this complaint. WARRANT To the Sherriff of the aboved-named county;or other person authorized to execute this warrant: I hereby order,in the name of the State of Minnesota,that the above-named Defendant be apprehended and arrested without delay and brought promptly before the above-named court(if in session),and if not,before a Judge or Judicial Officer of such court without unneccessary delay,and in any event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law. ❑ Execute in MN Only ❑ Execute Nationwide ❑ Execute in Border States ❑ ORDER OF DETENTION Since the above-named Defendant is already in custody,I hereby order,subject to bail or conditions of release,that the above-named Defendant continue to be detained pending further proceedings. Bail: Conditions of Release: This complaint, duly subscribed and sworn to,is issued by the undersigned Judicial Officer this day of , 20 JUDICIAL OFFICER: SIGNATURE: NAME: TITLE: Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF HENNEPIN Clerk's Signature or File Stamp: STATE OF MINNESOTA State of Minnesota Plaintiff RETURN OF SER VICE I hereby Certify and Return that 1 have served a copy of this VS. Summons upon the Defendant(s)herein-named. James Leroy Barth Signature of Authorized Service Agent: Defendant Page 5 STATUTE AND OFFENSE GRID Statute Offense Offense Controlling Control Cut Type Date Statute Number& Description Level MOC GOC Agencies Number(s) T 108/04/2010 Orono City Code Sec. M N 78-1577 Arresting i 'Orono Exterior storage Arresting in R districts Prohibited material ;storage G8eI67(Zity Code Sec. 2 08/04/2010 Orono City Code Sec. M N 78-1577 i Arresting Orono - Exterior storage in R districts 'Prohibited material ;(storage 08e167(Zity Code Sec. STATE OF MINNESOTA vs. James Leroy Barth Prosecutor File Number: IOCRO2954 DEFENDANT FACT SHEET 1. Address: 3725 Togo Road Orono, MN 55391 2. DOB: 3. Other DOBs: 4. Race/Ethnicity: Race: Ethnicity: 5. SID: 6. WID: 7. Alias Information: 8. Fingerprinted: No 9. Handgun Permit: No 10. Location of Violation: Orono 11. Drivers License#: 12. Accident Type: 13. License Plate# 14. Alcohol Concentration: DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED -2-In PERMIT NO. COMPLETED ADDRESS :M 0 OWNER TELEPHONE NO. CONTRACTORNS 'n DESCRIPTION J 'L bl) w ❑ FOOTING ❑ PLUMBING FINAL ❑ EXCAWGRADING/FILLING q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS Q El FRAMING ❑ MECHANICAL FINAL Ll TREE REMOVAL Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS ElFINAL ElSEWER HOOK-UP ❑ COMPLAINT J ❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP _ ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL v ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL Z OWNER/CONTRACTOR TO MEET YOU:_YES_NO o COMMENTS: cc w a cc O O a CC O U_ W CC Q Z W w CC d w ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE LU W El WORK&PROCEED ElISSUE CERTIFICATE OF OCCUPANCY 0 ElCORRECT WORK,CALL FOR REINSPECTION TEMPORARY C) BEFORECOVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. ❑ PHOTO TAKEN INSPECTOR WILL RETURN ElSTOP ORDER POSTED.CALL INSPECTOR E)CITATION ISSUED ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contractor on site: Inspector. White CopylInspector's File Canary Copy/Site Notice dr copy CAMPBELL KNUTSON July 12, 2010 Mr. James L. Barth 3725 Togo Road Orono,MN 55391 Re: Subject Address: 3725 Togo Road City Code/Ordinance Violations—Exterior Storage (materials and debris) Dear Mr. Barth: This office represents the City of Orono ("City"). The City has sent this matter to our office for criminal prosecution of violations of the Orono City Code and Zoning Ordinance. It has been brought to our attention from Melanie Curtis,Planning and Zoning Coordinator, that you have failed to maintain the property in compliance with the Orono City Codes and Zoning Ordinances. You have until July 30,2010 to correct the violations on the above-referenced property. Your failure to comply by July 30, 2010 will result in criminal prosecution. Each violation is punishable by 90 days in jail and a$1,000 fine for each day the violation continues to exist. If you choose to avoid prosecution by correcting the violations, you must first correct the violations and only then contact Melanie Curtis, Planning and Zoning Coordinator, at(952) 249-4600 to inspect the subject property. A follow-up inspection must be completed to verify compliance and eliminate any type of prosecution. Please make further enforcement action unnecessary by complying with this letter immediately. Very truly yours, CAMPBELL KNUTSON,P.A. Soren M. Mattick Orono City Attorney SMNVjM0 cc: �,_WI@AfleTriei"Anning and Zoning Coordinator 152854 yy��►► , *� Y O XWW ot t R y} f �6 1 f r O .. C ..•i ' CI-4 CN gSy 00 F Q .d 71* F I tp Y. d,.. CD CD cr 00 *i 4 s.:'a qtr• Alw .:,+may I,' <�' �, � r •J F �� � � `.�i J a �` CD CD a q OOr � '- 00 .f Ak 11 a t, ter i , }•�4 ➢6 ' • 4,�'• �, �•.',g' ,/( I ISI/�� / � �R'�• ssss � ^ t r 1 � « 'fit r :• _ � .� wx O � O N N t Aft Nt 00 how- Ao �. ��►� � a �a! ��1a1) � 1•) i/ t f, *44 14 4 M� � 1 ��•, 7�j it�'�.� , ,� c 4 r r CZ) N O r�� ��J `3 CAMPBELL KNUTSOIC Prof essiw.ia ?#.., July 12, 2010 Mr. James L. Barth 3725 Togo Road Orono, MN 55391 Re: Subject Address: 3725 Togo Road City Code/Ordinance Violations—Exterior Storage (materials and debris) Dear Mr. Barth: This office represents the City of Orono ("City"). The City has sent this matter to our office for criminal prosecution of violations of the Orono City Code and Zoning Ordinance. It has been brought to our attention from Melanie Curtis,Planning and Zoning Coordinator, that you have failed to maintain the property in compliance with the Orono City Codes and Zoning Ordinances. You have until July 30,2010 to correct the violations on the above-referenced property. Your failure to comply by July 30,2010 will result in criminal prosecution. Each violation is punishable by 90 days in jail and a$1,000 fine for each day the violation continues to exist. If you choose to avoid prosecution by correcting the violations, you must first correct the violations and only then contact Melanie Curtis,Planning and Zoning Coordinator, at (952) 249-4600 to inspect the subject property. A follow-up inspection must be completed to verify compliance and eliminate any type of prosecution. Please make further enforcement action unnecessary by complying with this letter immediately. Very truly yours, CAMPBELL KNUTSON,P.A. Soren M. Mattick Orono City Attorney SMM/jmo cc: Curds, Planning and Zoning Coordinator 152854 JAMES LE ROY BARTH 3725 Togo Road PIN : 17- 117-23-31-0050 City of Orono 2750 Kelley Parkway Orono, MN 55356 Melanie Curtis, Planning & Zoning Coordinator mcurtis@ci.orono.mn.us 952.249.4627 14 3725 Togo Road Photo Date: November 30, 2009 Photographed by: Melanie Curtis Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 E +a. .- . f. 0. X31; u Page 2 of 38 3725 Togo Road Photo Date: November 30, 2009 Photographed by: Melanie Curtis Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 Y r(. r: Page 3 of 38 3725 Togo Road Photo Date: November 30, 2009 Photo-graphed by: Melanie Curtis Violation: ExteHOrstorage O material n0 permitted W R districts. City Code Reference: 78-1577 w � � �;4WI - . Page 4 0 38 3725 Togo Road Photo Date: May 25, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 3 M aqr F,� Page 5 of 38 • • • 0 • - • • rel DO- 1 1 ••rzl M - - - : i ir -777 1�� I ,1C'.Qs. JLC s h. 77 IVI - � 4 sn,. � �rt F iT-'F 1_ _�..;.: L. p_ .�sy. M'� �� d ,1�. h...e^•er �'- � lit 4'mt \ ��� \ �\{t ��'�•. , .k ,.f� Tik:�A 3725 Togo Road Photo Date: May 25, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 E Tu r� � .§§,,' tv 3 � T; a - r rte. . _ .A„F _ �^ 4$ ' 4 Page 7 of 38 3725 Togo Road Photo Date: May 25, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 Y r e Page 8 of 38 3725 Togo Road Photo Date: May 25, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 { Y Page 9 of 38 3725 Togo Road Photo Date: May 25, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 �. „t , �9 i I t Page 10 of 38 3725 Togo Road Photo Date: May 25, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 vivoisc Ur Wit ® yya Ys. 3 t• z� m IJ Page 11 of 38 rel law- 1 MI lc r a 3725 Togo Road Photo Date: May 25, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 wwwa P,;1 ''t L Now 4 . x I y- 05/25/2010 Page 13 of 38 { 'r I # T ^. `. 'q '1\.. � �7� 'e fir. ��i�,�•. M •\ s • • • a • - • ol _ u,�.�I Wn. - � ti: `* _"•fie •n 'y % E x.'P 14. ,e r or 41, C -�. ,.r -.._�.r,F.•,,—..�m�^"^ F, ...,�: ' :: ms,,.,} ,µ ,. .� t, � � t moi' I \n 7/` �` � /� *,�[� J � �'' R w..�� b'� �• . v �;, F ',,',:,4 u++^ \r 1\f'gir *�� 1 1 e r «r 05/25/2010 400 /'Al, 4�r a ,4.i ^' ' r�+., "'&�`t .•A�{`�r �r.-� f 1 f' If I W r 9 �!k J �. r-tel � IS • Y - � _ ✓- �rE � " � ry �\ �� �9u� ��x.,try't \ �. ': f r I r u* f � F' zw�rztr� s v i. nom; r .sS f�E .r'C� �'t - y +zp�'�74f a , _.. �r .c.)• 3 y R 4 7 41 AF/ h r It'41 �pn I ,iy •�{�3 if iT ^;r t !' A2 fi Y 3 so t.3, g /r , Sk YIN �- - I• m A G rp 05%25/2010 r ' 1 • 3725 Togo Road Photo Date: May 25, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 I ' s ' fart ` k A .. �.i a r 10 Page 21 of 38 3725 Togo Road Photo Date: June 22, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 I it � � r ry i4 a i int.�� �+ '�`�rr�`��•-��=�i�Ce.A.. r i .�-�*,� ,��.: +.�.� Page 22 of 38 _ �,� , `f�a:�.�` k�'P,1 °'•• q.;.'`k '� ♦ L^ �4Y ,5"@xdd;��r"``• ,y. ` 'e s{. -r.�✓+ � „��rkyijfTf''^' 'ra4 '� + ° �- NJ rlv c : Ax 3725 Togo Road Photo Date: June 22, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 r . 3: 7 2 a 5 r- 6 :5 Page 24 of 38 3725 Togo Road Photo Date: June 22, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 W.r 1 G. Page 25 of 38 3725 Togo Road Photo Date: June 22, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 �R 4 1 s Page 26 of 38 ..'(��' �� tv it � �� .`"'g't�-'f'�rh, i rJ�i•. s,S �� .� 1,,r + �G'7+ �- J k t• :-• �a .�a � q _ � s p., Q "2 l r .� �a '..•p.ria _'s ...: i --06/22% w ,nr m 1 X010 J" _ y a , e" { 106/22/2010 r ry. • • • m • 0 �`x s GA �.a, S yJ �,��y�iRyp�IR f�•„ � _'S /: �-^y/f.: _+F�j'� � �•�V*, � �f.S' ��. 07 Aim °� A � � :.+fir 4 y�'Y `h 1,h tl'�}m eta "� ^' ,.�ci.Iy,1��• �, .. /I���, f S r � r �a ✓ ?�°.?rns'" - .'fir; M �• m 22201 � 1 • 3725 Togo Road Photo Date: June 22, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 �yY 1�Y j G 4 ` ..r< Page 31 of 38 •• - - - - : �+. + l - ` - Ar, 1 �r � a ' Y . 7717 w; �^ 1 . s a� 3725 Togo Road Photo Date: June 22, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 cF5 ,y r_ 7ZF Page 34 of 38 3725 Togo Road Photo Date: June 22, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 y jI I 4„ I + f r t Page 35 of 38 • rel r_ IJI aoT ttA'_ S� E It z+ PIF t Ael dt��� � w� e a� -o�t� 'C,• 3725 Togo Road Photo Date: June 22, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 G e F N. Page 37 of 38 3725 Togo Road Photo Date: June 22, 2010 Photographed by: Willie Gibbs Violation: Exterior storage of material not permitted in R districts. City Code Reference: 78-1577 a .€ 6._ Page 38 of 38 Cameta—,I)ATE TIME CITY OF QRONO CALLED IN IhSPECTiON NOTICE SCHEDULED (D • 1-7.10 1:30 PERMIT NO. COMPLETED ,,� ADDRESS 3-7 25 -FOQQ I Qd OWNER TELEPHONE NO. CONTRACTOR \( 71 DESCRIPTION ❑ FOOTING ❑ PLUMBING FINAL El Q El POURED WALL El MECHANICAL RI El LAKESHORE/WETLANDS y ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS ElFINAL E] SEWER HOOK-UP El COMPLAINT ❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP LITJ ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL J ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL OWNERICONTRACTOR TO MEET YOU:_YES_NO COMMENTS: cc W C d O O W cc Q Z W z W d W ❑WORK SATISFACTORY:PROCEED ❑ PROJECTCOMPLETE W W ❑CORRECT WORK i£PROCEED ElISSUE CERTIFICATE OF OCCUPANCY O El CORRECT WORK,CALL FOR REINSPECTION TEMPORARY V BEFORE COVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. ❑ PHOTO TAKEN INSPECTOR WILL RETURN 11STOP ORDER POSTED.CALL INSPECTOR 11 CITATION ISSUED ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contractor on site: Inspector. White Copy/Inspector's File Canary Copy/Site Notice • O� O O CITY of ORONO Municipal Offices ' Street Address: Mailing Address: kESHO 'i 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 1 June 2010 James L. Barth 3725 Togo Road Orono, MN 55391 SENT VIA CERTIFIED MAIL NO. 7007 2680 0002 3457 2089 Re: City Code Violations at 3725 Togo Road Property Identification Number: 17-117-23-31-0050 On May 25, 2010, City Staff performed a follow-up inspection at the above address. During the inspection Staff noted materials and debris remaining in exterior storage and specifically, the following violations of City Code Sections 58-1(a), 58-3, and 78-1577 were noted: 1. Dimensional lumber 10. Tarps 2. Scrap metals 11. Furniture 3. Metal shelving 12. Utility trailer, open 4. Ladders 13. Utility trailer, enclosed 5. Tires 14, Ford L800 Diesel, MN License 6. Rims YA A3090 K, exp 2/2010 7. Lawn mower 15. Miscellaneous construction debris 8. 5-gallon buckets/pails 16. Miscellaneous junk and debris 9. Garbage bags This letter will serve as your notice that the property must be brought into compliance by June 17, 2010 in order to avoid legal action by the City. In order to bring your property into compliance the above vehicles must be currently licensed and operable, trailers licensed and the remaining items must be removed from the property or stored in an enclosed building by June 17, 2010. Please be advised, if you fail to correct the violations this matter will be sent to the City Attorney for review and may result in criminal prosecution. I have attached the pertinent City Codes for your reference. If you have any questions, please don't hesitate to call me at 952.249.4627. I have attached the pertinent City Codes for your reference. If you have any questions, please don't hesitate to call me at 952.249.4627. Sincerely, City of Orono 6 Melanie Curtis Planning &Zoning Coordinator Attached: City Code Sections 58-1, 58-3 & 78-1577 I c: US Mail Telephone(952)249-4600 • Fax(952)249-4616 www.cLorono.mn.us N' 1 vAe 1 1- I. .11 Vi vi, VAL- cli it I .. •�\ �•x i..` SAS'', /. �;'1` �t O :, .r. to ami`.* .• ;, � � 3sp.. �i I fI �,>A� H • �•Y;. ( �1 x x AI i X16 0 ' r IL • .' /�:q¢. ��^. Attu- t i' 1, � wa J Vie^ CD , O CITY of ORONO Municipal Offices V, ¢�� Street Address: Mailing Address: �EgH� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 1 June 2010 James L. Barth 3725 Togo Road Orono, MN 55391 SENT VIA CERTIFIED MAIL NO. 7007 2680 0002 3457 2089 Re: City Code Violations at 3725 Togo Road Property Identification Number: 17-117-23-31-0050 On May 25, 2010, City Staff performed a follow-up inspection at the above address. During the inspection Staff noted materials and debris remaining in exterior storage and specifically, the following violations of City Code Sections 58-1(a), 58-3, and 78-1577 were noted: 1. Dimensional lumber 10. Tarps 2. Scrap metals 11. Furniture 3. Metal shelving 12. Utility trailer, open 4. Ladders 13. Utility trailer, enclosed 5. Tires 14. Ford L800 Diesel, MN License 6. Rims YA A3090 K, exp 2/2010 7. Lawn mower 15. Miscellaneous construction debris 8. 5-gallon buckets/pails 16. Miscellaneous junk and debris 9. Garbage bags This letter will serve as your notice that the property must be brought into compliance by June 17, 2010 in order to avoid legal action by the City. In order to bring your property into compliance the above vehicles must be currently licensed and operable, trailers licensed and the remaining items must be removed from the property or stored in an enclosed building by June 17, 2010. Please be advised, if you fail to correct the violations this matter will be sent to the City Attorney for review and may result in criminal prosecution. I have attached the pertinent City Codes for your reference. If you have any questions, please don't hesitate to call me at 952.249.4627. I have attached the pertinent City Codes for your reference. If you have any questions, please don't hesitate to call me at 952.249.4627. Sincerely, City of Orono jj0qd7 Melanie Curtis Planning &Zoning Coordinator I Attached: City Code Sections 58-1, 58-3 & 78-1577 C." US Mail Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us Ir i. • WARO rti ^; Postage $ !w I1J Certified Fee � O Return Receipt Fee Post C3 (Endorsement Required) C3 Her W JUN Restricted Delivery Fee Q 2 2010 N O (Endorsement Required) W CO �5 &- ,,,p Total Postage&Fees ' "u USP ent To 1-3 m�S Street, '------ O or POB ----------------- -------------- '` '° �--�'-- 6 City St Z/P 4 ---_- 1 June 2010 3725 Togo Road Page 2 of 5 Sec.58-1. Maintenance of private property. (a) It is the duty of the owner of every vacant property and the owner and occupant of every occupied property to maintain the property in a neat, clean and presentable manner free of any junk, debris, refuse, litter, dead trees, or noxious weeds, and to remove all other public health or safety hazards from the property. (c) Any violation of this section is declared to be a nuisance and a public safety and welfare hazard, and upon seven days'written notice to the owner, as shown by the records of the office of the county auditor, of private premises on which such material is found or any conditions in violation of this code section exist, the city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. (Code 1984, § 9.55; Ord. No. 191 2nd series, § 1, 6-14-1999) Sec. 58-3.Junk cars,furniture, household furnishings and appliances stored on public or private property. It is unlawful to park or store any unlicensed, unregistered or inoperable motor vehicle lacking essential parts, household furnishings or appliances, or parts or components, on any property, public or private, unless housed within a lawfully erected building. Any violation of this section is declared to be a nuisance; and upon seven days'written notice to the owner, as shown by the records in the office of the county auditor, of private premises on which such material is found, the city may remove the vehicle and certify the cost of such removal as any other special assessment. For the purpose of this section, an inoperable motor vehicle shall be defined as lacking parts essential to operation, including but not limited to wheels, tires, motor, drive train, battery; or having two or more flat tires; or having the interior, including the driver's position, used for storage in such a manner that no person can operate the vehicle. (Code 1984, § 9.50) Sec.78-1577. Exterior storage in R districts. In all R districts, it is the responsibility of the owner of any property, improved or unimproved, to maintain the outdoor areas; including courtyards and the like, of the property and adjacent rights-of-way in a manner that complies with the following requirements. All recreational vehicles, mobile homes, camping trailers, motor homes, pickup coaches, travel trailers, special mobile equipment, and utility trailers shall meet the requirements of this Code. Additionally, all exterior storage must comply with subdivision (6)of this section. (1) Definitions: a. Blight means a deteriorated condition, something that impairs or destroys. b. Junk means any cast-off, damaged, discarded,junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic, or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, regardless of perceived market value or requiring reconditioning in order to be used for its original purpose. C. Recreational vehicle. Mobile home and recreational vehicle shall mean and include the following definitions, and shall not include any manufactured housing unit bearing a State of Minnesota manufactured housing seal or certificate, for uses including but not limited to those listed below: 1. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses, also called a pop-up camper. 2. Motor home means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. 3. Pickup camper means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 4. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer. 1June 2010 3725 Togo Road Page 3 of 5 I d. Special mobile equipment means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging equipment, moving dollies, pump hoists and other well-drilling equipment, street sweeping vehicles, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck- tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving equipment. The term does not include travel trailers, dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. e. Utility trailer means any motorless vehicle, other than a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles, all terrain vehicles, or property on its own structure and for being drawn by a motor vehicle but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. (2) [Parking regulated.]Parking of recreational vehicles, mobile homes and utility trailers shall be regulated as follows: a. It is unlawful for any person to park a mobile home or recreational vehicle upon public property for human habitation b. It is unlawful for any person to park or store a utility trailer, mobile home, recreational vehicle in any"R" district for more than 24 hours, except in a side or rear yard at least five feet from any property line. C. It is unlawful to use a mobile home or recreational vehicle for human habitation on any private property for more than 72 hours without a permit from the city. (3) Vehicle storage. All vehicles parked or stored on any property within the city shall be operable and currently licensed. The parking of vehicles, other than recreational vehicles, in"R"districts is regulated as follows: a. Parking of vehicles other than recreational vehicles, with a maximum gross vehicle weight(GVW)of 14,0.00 pounds or less is allowed in all"R" districts. b. Parking of vehicles in "R" districts in excess of 14,000 pounds GVW has the potential to create negative impacts on the surrounding neighborhood. These impacts may include noise (from operation as well as maintenance of vehicle); vibration; glare; odors; soil/water contamination (from dripping, washing, etc.); hazards to pedestrians by way of proximity, especially on private roads; wear and tear on local or private roads; propensity to offload remaining cargo on site at end of day; and visual incompatibility with the character of a neighborhood. Such use may be acceptable under certain conditions in zoning districts where lot areas are generally two acres or larger. Therefore, parking of such vehicles requires each of the following conditions be met: 1. Property owner must be vehicle owner or operator. 2. Vehicle must be set back 50 feet from property lines. 3. Vehicle must not be visible from neighboring properties and public streets; vegetative screening is preferred. 4. Maintenance of said vehicle shall occur within an enclosed building. 5. The vehicle shall not constitute a nuisance at any time. 6. In a shared driveway situation, the applicant shall demonstrate that the appropriate easement exists. 7. Minimum lot size of five acres. For any property at least two acres but less than five acres in area, where it can be shown that prior to the effective date of this section such a vehicle was previously stored on a regular basis prior to and after January 1, 2004, a vehicle storage permit may be granted if the above conditions a. through f. are met, subject also to the following limitations: i. A vehicle storage permit may only be issued for properties within the RR- 1 B, RR-1 A, and LR-1A zoning districts. 1June 2010 3725 Togo Road Page 4 of 5 ii. Such permit shall be granted only to the current property owner and only for the specific vehicle applied for. The current owner may replace the vehicle in kind, but shall not add other such vehicles. Any replacement vehicle must be registered with the city within 30 days to transfer its permitted status. iii. This permit shall not apply to subsequent property owners, subsequent property owners shall not be considered as having a grandfathered permit by virtue of their predecessor's permit. iv. This permit shall automatically and permanently expire if the vehicle storage is voluntarily discontinued for a period of one year. (4) [Storage of boats and boat trailers.]Boats, unoccupied boat trailers, and boats on trailers shall be subject to the following storage requirements when not stored for commercial purposes: a. Licensing, operability and restorations. All boats stored outside on a residential property shall be licensed to the owner or occupant of the property. All boats stored on a property shall be in operable condition, except that inoperable boats under active restoration may be stored on a property for not more than two years, the intent being to discourage the long-term storage of inoperable boats on residential property. b. Principal residence required. No boat shall be stored on a property or on a group of contiguous commonly owned properties that does not contain a principle residence structure. C. Maximum length. Boats and unoccupied boat trailers exceeding 30 feet in length shall not be stored on any residential property except within a fully enclosed building meeting all applicable zoning and building code standards. Exception: Existing boats over 30 feet in length which are documented to have been stored on the property within the 24 months prior to the effective date of the ordinance from which this section is derived shall be allowed to continue such storage practice until the property is sold, and shall meet the setback requirements of this section. d. Allowed storage locations. Boats and unoccupied boat trailers up to 30 feet in length may be stored outside on residential property as follows: 1. Lakeshore lots. Boats may be stored in a side yard, street yard, side street yard and lakeshore yard as long as they meet required setbacks and have no significant impact on lake views enjoyed by adjacent neighbors. 2. Nonlakeshore lots. Boats maybe stored in a side yard and rear yard; trailerable boats may be stored on trailers in a driveway in a front yard or side street yard. e. Required setbacks. Boats and unoccupied boat trailers shall be stored no less than five feet from any lot line and no less than 15 feet from the principal residence structure on any adjacent lot. f. Screening. Screening is not required for outside boat storage when in conformance with this section. If boats are shrink wrapped, white is the preferred color but is not mandatory. g. Dispute resolution. Complaints regarding boats stored in lakeshore yards and potentially impacting a neighbor's views of the lake will be referred to a dispute resolution committee, consisting of the planning director, the building official, and a member of the planning and zoning staff. (5) [Prohibited parking or storage.]Outdoor parking or storage of special mobile equipment as defined in this section shall be prohibited in any"R"district. (6) Prohibited material storage. Any violation of this section is subject to abatement upon seven days' written notice to the owner of private premises on which such material is found or any conditions in violation of this code section exist. The owner of the property will be determined as shown by the records of the office of the county recorder. The city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. Additionally, the city may also seek injunctive relief for violation of this section. Owners of private property shall remove and keep removed from all exterior areas of all residential properties the following items: a. Pest harborage. All exterior property shall be free from rodent harborage and infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed to accumulate outside a structure in a manner that attracts an infestation of pests. Materials permitted and approved for exterior storage shall be neatly stacked. 11une 2010 3725 Togo Road Page 5 of 5 b. Trash and debris. 1. All household garbage, offal, dead animals, animal and human waste, and waste materials. 2. Accumulations of litter, glass, scrap materials (such as wood, metal, paper, and plastics),junk, combustible materials, stagnant water, plastic bags or trash. 3. Accumulations of clothing and any other items not designed for outdoor storage. C. Non-trash items. 1. Accumulations of wood pallets. 2. Accumulations of vehicle parts or tires. 3. All construction and building materials unless such materials are being used at the time in the construction of a building, in which case such construction must be permitted and on a continuous, uninterrupted basis. 4. All appliances or appliance parts. 5. All indoor or upholstered furniture of a type or material which is deteriorated by exposure to outdoor elements. 6. All recycling materials except for reasonable accumulations, amounts consistent with a policy of regular removal, which are stored in a well-maintained manner according to Chapter 50 and Chapter 54. 7. All other non-trash items which: (i) Are of a type or quantity inconsistent with normal and usual use; or (ii) Are of a type or quantity inconsistent with the intended use of the property; or (iii) Are likely to obstruct or impede the necessary passage of fire or other emergency personnel. d. Fertilizer and burial of waste. No person shall leave, deposit, or cause to be placed on any private ground any garbage, sewage, waste, debris, carcass, or other substance or matter which is offensive or unhealthy by decomposition unless the same be buried at least three(3)feet under the surface of the ground; provided, that the use of manure and phosphorous free fertilizer in the normal course for agriculture or horticulture is permitted. (Code 1984, § 10.60(13); Ord. No. 206 2nd series, § 1, 9-10-2001; Ord. No. 4 3rd series, §2, 11-11-2003; Ord. No. 21 3rd series, § 1, 11-8-2004; Ord. No. 29 3rd series, §§ 1--3, 10-24-2005) • � r �'. �tl, :'SCJ. :�t F' �' r�. " O[ GK it 14 w a � { •46 `L - o � � P � p''•- LO N LO IE • .' t \ y •�E , � a t, � 9 r 4 � r • �• a e r r _ t .�fFL 1J, � '� I�• 4I��� �L•t %, :.d �./ � / � * it ' �ll � I , 've j'/� �� -_ s'�. ,:'� \1. •� � - .�' a . l �ti; 'psi•-J�° `... � �,• �� ref C14 LO LO ' ,. `� ',r � �. ! f `,• }•� r it � �, �� . rv - 7�1 .p` • t r` f[11f ,y f LO iL y �, � 1•y •� � Y �(���'�I� T ll f � Af,r� ��� /'�.. � �Y _�"�r,�,;. C' � l� ,� ! .v��,#�.y,�°. .. y • 1. r meq. .Y t t o IL A-0 CD _ m+► 41 �,! 1 4 ,` � ♦�1 � Vii_. Ar WV r s 71 '� ! Or "T c L i i i 1 t t 1 O CJl iLn N O O • A • f ORONO "I"n it unicipal Offices Mailing Address: Jill`�kESII0 ay P.O. Boz 66 =_ Orono, MN 55356 Crystal Bay, MN 55323-0066 11 December 2009 James L. Barth 3725 Togo Road Orono, MN 55391 SENT VIA CERTIFIED MAIL NO. 7002 0510 0001 6306 1268 Re: City Code Violations at 3725 Togo Road ert Identification Number: 17-117-23-31-0050 U.4 Po- stall Service • rmed a property inspection at the above address. During oProvided)it Ind debris in exterior storage at the above address and U ity Code Sections 58-1(a), 58-3, and 78-1577 were noted: a a _ 3 Postage $ Certified Fee 11. Miscellaneous Junk & Debris t Return Receipt Fee ^ ' ' 21�q/�rn((JJU��rea" 12. Construction Trailer (Endorsement Required) L 13. Dodge 1996 License MVK 466, Expired Restricted Delivery Fee (Endorsement Required) Plates 7/09 Total Postage&Fees $ 5..1 I - 553�'� 14. Ford L800 Diesel t Sent To --- .m-C �- _earth st eet.tet. or PO Box N. ------ City.State, +4 - --------- This letter will serve as y e that the property must be brought into compliance by January 25, 2010 in order to avoid legal action by the City. In order to bring your property into compliance the above vehicles must be currently licensed and operable, and the above items must be removed from the property or stored in an enclosed building by January 25, 2010. Please be advised, if you fail to correct the violations or request an appeal hearing before the City Council prior to the deadline, the City will correct the violations and the costs to do so will be assessed against your property [Cite: City Code 58-1(c) & 78-1577(6)]. Those costs will be certified to the County Auditor and will be collected in the same manner as special assessments against your property. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us ,a g6 O� O\ CITY of ORONO Municipal Offices ZStreet Address: Mailing Address:2750 Kelley Parkway P.O. Box 66 _ Orono, MN 55356 Crystal Bay, MN 55323-0066 11 December 2009 James L. Barth 3725 Togo Road Orono, MN 55391 SENT VIA CERTIFIED MAIL NO. 7002 0510 0001 6306 1268 Re: City Code Violations at 3725 Togo Road Property Identification Number: 17-117-23-31-0050 On November 30, 2009, City Staff performed a property inspection at the above address. During the inspection Staff noted materials and debris in exterior storage at the above address and specifically, the following violations of City Code Sections 58-1(a), 58-3, and 78-1577 were noted: 1. Scrap Lumber 2. Scrap Metals 11. Miscellaneous Junk & Debris 3. Tires 12. Construction Trailer 4. Cylindrical Tanks 13. Dodge 1996 License MVK 466, Expired 5. Buckets Plates 7/09 6. Ice Fishing House 14. Ford L800 Diesel 7. Boat and another small watercraft 8. Miscellaneous construction debris 9. Miscellaneous garbage bags 10. Bags of aluminum cans This letter will serve as your notice that the property must be brought into compliance by January 25, 2010 in order to avoid legal action by the City. In order to bring your property into compliance the above vehicles must be currently licensed and operable, and the above items must be removed from the property or stored in an enclosed building by January 25, 2010. Please be advised, if you fail to correct the violations or request an appeal hearing before the City Council prior to the deadline, the City will correct the violations and the costs to do so will be assessed against your property [Cite: City Code 58-1(c) & 78-1577(6)]. Those costs will be certified to the County Auditor and will be collected in the same manner as special assessments against your property. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us Postal (DomesticCERTIFIED MAILRECEIPT Oniy;No Insurance Coverage Provided) ru a -D 0 �2 C:3 Postage $ M /1 Certified Fee LEn S 2/ nark a Return Receipt Fee f (ire C3 (Endorsement Required) p Restricted Delivery Fee p (Endorsement Required) V Total Postage&Fees 0 SentTo-- -- `�m�----- -------------------------- rl l Street,Apt. CD p or POBoxN ---- 1 `i Sta ^ � City, te, +4 PS Form :00 12/11/09 3725 Togo Road Page 2 of 6 1 have attached the pertinent City Codes for your reference. If you have any questions, please don't hesitate to call me at 952.249.4627. Sincerely, City of Orono Melanie Curtis Planning &Zoning Coordinator Attached: City Code Sections 58-1, 58-3 & 78-1577 c: US Mail 12/11/09 3725 Togo Road Page 3of6 Sec. 58-1. Maintenance of private property. (a) It is the duty of the owner of every vacant property and the owner and occupant of every occupied property to maintain the property in a neat, clean and presentable manner free of any junk, debris, refuse, litter, dead trees, or noxious weeds, and to remove all other public health or safety hazards from the property. (c) Any violation of this section is declared to be a nuisance and a public safety and welfare hazard, and upon seven days'written notice to the owner, as shown by the records of the office of the county auditor, of private premises on which such material is found or any conditions in violation of this code section exist, the city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. (Code 1984, § 9.55; Ord. No. 191 2nd series, § 1, 6-14-1999) Sec. 58-3. Junk cars,furniture, household furnishings and appliances stored on public or private property. It is unlawful to park or store any unlicensed, unregistered or inoperable motor vehicle lacking essential parts, household furnishings or appliances, or parts or components, on any property, public or private, unless housed within a lawfully erected building. Any violation of this section is declared to be a nuisance; and upon seven days'written notice to the owner, as shown by the records in the office of the county auditor, of private premises on which such material is found, the city may remove the vehicle and certify the cost of such removal as any other special assessment. For the purpose of this section, an inoperable motor vehicle shall be defined as lacking parts essential to operation, including but not limited to wheels, tires, motor, drive train, battery; or having two or more flat tires; or having the interior, including the driver's position, used for storage in such a manner that no person can operate the vehicle. (Code 1984, § 9.50) Sec. 78-1577. Exterior storage in R districts. In all R districts, it is the responsibility of the owner of any property, improved or unimproved, to maintain the outdoor areas; including courtyards and the like, of the property and adjacent rights-of-way in a manner that complies with the following requirements. All recreational vehicles, mobile homes, camping trailers, motor homes, pickup coaches, travel trailers, special mobile equipment, and utility trailers shall meet the requirements of this Code. Additionally, all exterior storage must comply with subdivision (6) of this section. (1) Definitions: a. Blight means a deteriorated condition, something that impairs or destroys. b. Junk means any cast-off, damaged, discarded,junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic, or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, regardless of perceived market value or requiring reconditioning in order to be used for its original purpose. C. Recreational vehicle. Mobile home and recreational vehicle shall mean and include the following definitions, and shall not include any manufactured housing unit bearing a State of Minnesota manufactured housing seal or certificate, for uses including but not limited to those listed below: 1. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses, also called a pop-up camper. 2. Motor home means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. 3. Pickup camper means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 4. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer. d. Special mobile equipment means every vehicle not designed or used primarily for the 12/11/09 3725 Togo Road Page 4 of 6 transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging equipment, moving dollies, pump hoists and other well-drilling equipment, street sweeping vehicles, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving equipment. The term does not include travel trailers, dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. e. Utility trailer means any motorless vehicle, other than a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles, all terrain vehicles, or property on its own structure and for being drawn by a motor vehicle but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. (2) [Parking regulated.]Parking of recreational vehicles, mobile homes and utility trailers shall be regulated as follows: a. It is unlawful for any person to park a mobile home or recreational vehicle upon public property for human habitation b. It is unlawful for any person to park or store a utility trailer, mobile home, recreational vehicle in any"R" district for more than 24 hours, except in a side or rear yard at least five feet from any property line. C. It is unlawful to use a mobile home or recreational vehicle for human habitation on any private property for more than 72 hours without a permit from the city. (3) Vehicle storage. All vehicles parked or stored on any property within the city shall be operable and currently licensed. The parking of vehicles, other than recreational vehicles, in "R"districts is regulated as follows: a. Parking of vehicles other than recreational vehicles, with a maximum gross vehicle weight (GVW)of 14,000 pounds or less is allowed in all "R" districts. b. Parking of vehicles in "R" districts in excess of 14,000 pounds GVW has the potential to create negative impacts on the surrounding neighborhood. These impacts may include noise (from operation as well as maintenance of vehicle); vibration; glare; odors; soil/water contamination (from dripping, washing, etc.); hazards to pedestrians by way of proximity, especially on private roads; wear and tear on local or private roads; propensity to offload remaining cargo on site at end of day; and visual incompatibility with the character of a neighborhood. Such use may be acceptable under certain conditions in zoning districts where lot areas are generally two acres or larger. Therefore, parking of such vehicles requires each of the following conditions be met: 1. Property owner must be vehicle owner or operator. 2. Vehicle must be set back 50 feet from property lines. 3. Vehicle must not be visible from neighboring properties and public streets; vegetative screening is preferred. 4. Maintenance of said vehicle shall occur within an enclosed building. 5. The vehicle shall not constitute a nuisance at any time. 6. In a shared driveway situation, the applicant shall demonstrate that the appropriate easement exists. 7. Minimum lot size of five acres. For any property at least two acres but less than five acres in area, where it can be shown that prior to the effective date of this section such a vehicle was previously stored on a regular basis prior to and after January 1, 2004, a vehicle storage permit may be granted if the above conditions a. through f. are met, subject also to the following limitations: i. A vehicle storage permit may only be issued for properties within the RR-1 B, RR-1A, and LR-1A zoning districts. ii. Such permit shall be granted only to the current property owner and only for the specific vehicle applied for. The current owner may replace the vehicle in kind, but shall not add other such vehicles. Any replacement vehicle must be registered with the city within 30 days to transfer its permitted status. iii. This permit shall not apply to subsequent property owners, subsequent property owners shall not be considered as having a grandfathered permit by virtue of their predecessor's permit. iv. This permit shall automatically and permanently expire if the vehicle storage is voluntarily 12/11/09 3725 Togo Road Page 5 of 6 discontinued for a period of one year. (4) [Storage of boats and boat trailers.]Boats, unoccupied boat trailers, and boats on trailers shall be subject to the following storage requirements when not stored for commercial purposes: a. Licensing, operability and restorations. All boats stored outside on a residential property shall be licensed to the owner or occupant of the property. All boats stored on a property shall be in operable condition, except that inoperable boats under active restoration may be stored on a property for not more than two years, the intent being to discourage the long-term storage of inoperable boats on residential property. b. Principal residence required. No boat shall be stored on a property or on a group of contiguous commonly owned properties that does not contain a principle residence structure. C. Maximum length. Boats and unoccupied boat trailers exceeding 30 feet in length shall not be stored on any residential property except within a fully enclosed building meeting all applicable zoning and building code standards. Exception: Existing boats over 30 feet in length which are documented to have been stored on the property within the 24 months prior to the effective date of the ordinance from which this section is derived shall be allowed to continue such storage practice until the property is sold, and shall meet the setback requirements of this section. d. Allowed storage locations. Boats and unoccupied boat trailers up to 30 feet in length may be stored outside on residential property as follows: 1. Lakeshore lots. Boats may be stored in a side yard, street yard, side street yard and lakeshore yard as long as they meet required setbacks and have no significant impact on lake views enjoyed by adjacent neighbors. 2. Nonlakeshore lots. Boats maybe stored in a side yard and rear yard; trailerable boats may be stored on trailers in a driveway in a front yard or side street yard. e. Required setbacks. Boats and unoccupied boat trailers shall be stored no less than five feet from any lot line and no less than 15 feet from the principal residence structure on any adjacent lot. f. Screening. Screening is not required for outside boat storage when in conformance with this section. If boats are shrink wrapped, white is the preferred color but is not mandatory. g. Dispute resolution. Complaints regarding boats stored in lakeshore yards and potentially impacting a neighbor's views of the lake will be referred to a dispute resolution committee, consisting of the planning director, the building official, and a member of the planning and zoning staff. (5) [Prohibited parking or storage.]Outdoor parking or storage of special mobile equipment as defined in this section shall be prohibited in any"R"district. (6) Prohibited material storage. Any violation of this section is subject to abatement upon seven days'written notice to the owner of private premises on which such material is found or any conditions in violation of this code section exist. The owner of the property will be determined as shown by the records of the office of the county recorder. The city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. Additionally, the city may also seek injunctive relief for violation of this section. Owners of private property shall remove and keep removed from all exterior areas of all residential properties the following items: a. Pest harborage. All exterior property shall be free from rodent harborage and infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed to accumulate outside a structure in a manner that attracts an infestation of pests. Materials permitted and approved for exterior storage shall be neatly stacked. b. Trash and debris. 1. All household garbage, offal, dead animals, animal and human waste, and waste materials. 2. Accumulations of litter, glass, scrap materials (such as wood, metal, paper, and plastics), junk, combustible materials, stagnant water, plastic bags or trash. 3. Accumulations of clothing and any other items not designed for outdoor storage. C. Non-trash items. 1. Accumulations of wood pallets. 2. Accumulations of vehicle parts or tires. 3. All construction and building materials unless such materials are being used at the time in the construction of a building, in which case such construction must be permitted and on a continuous, uninterrupted basis. 4. All appliances or appliance parts. 12/11/09 3725 Togo Road Page 6 of 6 5. All indoor or upholstered furniture of a type or material which is deteriorated by exposure to outdoor elements. 6. All recycling materials except for reasonable accumulations, amounts consistent with a policy of regular removal, which are stored in a well-maintained manner according to Chapter 50 and Chapter 54. 7. All other non-trash items which: (i) Are of a type or quantity inconsistent with normal and usual use; or (ii) Are of a type or quantity inconsistent with the intended use of the property; or (iii) Are likely to obstruct or impede the necessary passage of fire or other emergency personnel. d. Fertilizer and burial of waste. No person shall leave, deposit, or cause to be placed on any private ground any garbage, sewage, waste, debris, carcass, or other substance or matter which is offensive or unhealthy by decomposition unless the same be buried at least three (3)feet under the surface of the ground; provided, that the use of manure and phosphorous free fertilizer in the normal course for agriculture or horticulture is permitted. (Code 1984, § 10.60(13); Ord. No. 206 2nd series, § 1, 9-10-2001; Ord. No. 4 3rd series, § 2, 11-11-2003; Ord. No. 21 3rd series, § 1, 11-8-2004; Ord. No. 29 3rd series, §§ 1--3, 10-24-2005) i I i a jq M1 '• t + Y� :, / OT kAJ 4✓ - 'a t �' _ ♦ \ 1 p r i �1•Y. r� • • r `� I�w • *# �r�... I.t i y ♦ ± a s`Y (�j_ t ` tt may, µ_ ' +^ •�3. 1 l 1 t ) (,'s (At . '. r a P 100 Log Entry Page 1 of 1 TO: ORR-00006277 20091202 15 : 11 :43 049F001885 FROM: A36MPQ40-08156434 20091202 15 : 11 :43 049FOO1D7D * * * * TXT LIC/MVK466 . LIY/09 . LIT/PU. NAM/BARTH, JAMES LEROY. *RECORD DISSEMINATION RESTRICTED* SNM/3725 TOGO RD. CTY/ORONO. STA/MN. ZIP/55391 . VIN/337HF13Z9TM193221 . VYR/96 . VMA/DODG. VCO/WHT. VWT/020934 . VMO/RAM TRUCK, CLUB CAB PU EXM/JUL. DOB/G - STICKER:402192 . https://portalweb.x.state.mn.us/Portal%20100/pspTop-2.asp?MsgText=<psp100Logon> <pspIdStr>LEM... 12/2/2009 KENNETH N. POTTS, P.A. 5101 Thimsen Avenue Attorney at Law Suite 200 MINNETONKA,MINNESOTA 55345 TELEPHONE(952)474-4240 TELECOPIER(952)474-0987 October 18, 2006 RECEIVED James Leroy Barth OCT 2 0 2006 725 Togo Road Wayzata, MN 55391 CITY OF ORONO Re: State v. Barth Dear Mr. Barth: As you know we were in District Court yesterday as a result of my filing a Criminal Complaint for your failing to obtain a building permit. You and Mr. Oman apparently reached sort of agreement. However, this did not resolve the case. You were still facing the possibility of being fined. Therefore you should not have left the court house without letting me or the clerk know. The court could have issued a bench warrant for your arrest. However, rather than doing that the court has rescheduled your case for November 21, 2006 at 8:30 a.m. I would consider recommending a significantly reduced fine if you tear down the structure as promised. Thank you for your attention to this matter. Sincerely, Kenneth N. Potts KNP/sb Cc: Lyle Omar Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2009 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The information on this page should be used for reference purposes only.S. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. r� 0 e � 3740 3720 3710 R ]700 3690 TOGO m Mk 4 it t I ;.a1 .3716 !i y i 'I ii Selected Parcel Data Date Printed: 11/30/2009 3:03:42 PM Parcel ID: 17-117-23-31-0050 Current Parcel Date: 11/4/2009 Owner Name:JAMES LEROY BARTH Parcel Address: 3725 TOGO RD,ORONO,MN 55391 Property Type: RESIDENTIAL Sale Price: $0.00 Homestead: HOMESTEAD Sale Date: / Area (sgft): 24106 Sale Code: Area (acres):0.55 A-T-B:TORRENS Market Total: $283,000.00 Tax Total:$2,957.26 http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=1711723310027 11/30/2009 b" bw i n 64- . 5ma wader • �c� hUu�- , • "1'�,r�p ova- �a� my 1c 4W o9 X06 L-W'o IN e pub— toy caci • Nk- wk,,,N ,5wyp mod , r�0 CITYof ORONO Municipal Offices t Street Address: Mailing Address: �' I�ESKpg 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 April 18, 2006 James Barth 3725 Togo Road Wayzata,MN 55391 RE: Garage Addition Dear Mr. Barth, The City has notified you of the requirement for a building permit for the addition to your garage. As of this date this issue remains unresolved. You leave the City no alternative but to initiate legal action. Action will be withheld until May 1, 2006. If the issue is unresolved by that date the matter will be forwarded to the City Attorney. A formal complaint will be issued and a court appearance will be required. If you have any questions please feel free to contact me at my office. Sincerely, Ly e Oman Building Official LO/dml Enclosure: previous letters W Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us O " O . CITY Of ORONO a �,�'',��.• � .iii Municipal Offices � Mailing Street Address: S Address: h g� kESIi� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 FINAL NOTICE OF ZONING VIOLATION Date: 9/29/95 Property Owner: John Barth Location of Violation: 3725 Togo Road, Wayzata, MN 55391 On 9/8/95 this office notified you of conditions which exist on the indicated property which constitute a violation of the Orono Zoning Ordinance ( see attached copy of letter sent previously) . Department staff reinspected the site on 9/29/95 and noted no action had taken place to rectify the violation(s). Please take action to comply with the above ordinance requirement(s) by 10/9/95 follow-up inspection will be made at that time to verify compliance. I� this matter has not been resolved at that time a citation will be issued which will require a court appearance. If you have any questions regarding this matter , please call me at 473- 7357 . Building Ins for Lyle Oman LO/tln Enclosure Telephone (612) 473-7357 • FAX 473-0510 OAS CITY of ORON `lunicipal Offices Street Address: Mailing Address: 4 `4kESH�� 2750 Kelley Parkway P.O. Box 66 Orono. MN 55356 Crystal Bay, MN 55323-0066 NOTICE OF ZONING VIOLATION Date• September 8, 1995 Property Owner: john Ranh Location of Violation: 3725 To Conditions exist on the indicated property which constitute a violation of the following section(s) of the Orono Zoning Ordinance: X SEC. 9.50_ JUNK CARS, FURNITURE, HOUSEHOLD FURNISHINGS AND APPLIANCES STORED ON PUBLIC OR PRIVATE PROPERTY. It is unlawful to park or store unlicensed, unregistered. or inoperable motor vehicle lacking anyarts or essential parts , household furnishings or appliances , cr p components thereof, on any property, public or private, unless hcuseo within a lawfully erected building. Any violation of this Section is declared to be a nuisance and upon seven days written notice to the r shown by the records n the office of the County 1�1 __or, o, owner, as rc r s ; the City may remcv private premises on which such material is found, y special t-:,e same and certify the cost of such removal as an other p assessment. For the purpose of this Section, an inoperable motor ve:.icle shall be defined as lacking, including but not limiter tc , Darts essential to operation, such parts being wheels, tires, motor, battery, or having two or more flat tires, or having the I train, 1 , in such a interior, including the driver' s position used for storage manner that no person can operate the vehicle. SEC_ 9.55. MAINTENANCE OF PRIVATE PROPERTY. X Sul-,d. 1. It is the duty of the owner of every vacant property and the owner and occupant of every occupied property to maintain same in a er free of any dunk, debris , reubsec neat, clear. and presentable mann litter, dead trees, or noxious weeds, and to remove all other p health or safety hazards therefrom. X Subd. 2. Grass and Weeds. The owner or occupant of every lot or carrel shall regularly cut or otherwise maintain all grass and weeds thereon at a heignt of not more than six ( 6 ) inches. 'Please take action to comply with the above ordinance requirement ( s ) by September 25 1995 A follow-up inspection will be made at that time to verify comp Bance. If you have any questions regarding this matter , please call me at 473- 7357 . Buildi_ , Official Lyle Oman LO/lsv Telephone (612) 473-7357 • FAX 473-0510 CITY of ORONO Municipal Offices 1 Post Office Box 66 j� Crystal Bay,Minnesota 55323-0066 ESH February 12, 1993 Mr. John Barth 3725 Togo Road Wayzata, MN 55391 Re : Building Permit #3767 & Zoning Violations Dear Mr. Barth: On December 10 , 1992 the City notified you of building and zoning code violations on your property, they are as follows : 1 . Unlicensed/inoperable vehicles 2 . Work beyond limits of building permit 3 . Installation of bedroom windows that do not meet eggress requirements Your failure to resolve these issues leaves the City no alternative but to initiate legal procedures . Action will be withheld until March 8 , 1993 . If at that time you have failed to comply, citations will be issued and the matter referred to the City Attorney for further legal action. If you have any questions or if you have a problem meeting this deadline feel free to contact me at my office . Sincerely, Q/V O— V Lyle Oman, Building Official CC : Jeanne A. Mabusth, Building & Zoning Administrator Bruce Vang, Building Inspector 3 TELEPHONE-473-7357 9 FAX-473-0510 CITY of ORONO �I t Municipal Offices Post Office Box 66 f4 M✓ �NCrystal Bay,Minnesota 55323-0066 � December 10, 1992 Mr. John Barth 3725 Togo Road Wayzata, Minnesota 55391 Re: Building Permit #3767 and Zoning Violations Dear Mr. Barth: On June 18 , 1992 this office issued building permit #3767 to you for residing and overhang replacement on your residence at 3725 Togo Road. It has come to the attention of this department that you have gone beyond what the permit was issued for and replaced windows also. This letter is to require you to upgrade your original permit to cover replacement of the windows and any other work you may have done. A specific concern about windows besides proper installation is the size of bedroom windows. Bedroom windows are required to have a minimum clear openable height of 24", a minimum clear openable width of 20", a maximum sill height of 44" and a minimum clear openable area of 5.7 s.f. The City has also received complaints about unlicensed-inoperable vehicles and construction and other debris stored on your property in violation of Orono Municipal Code Section 9.50 and 9.55. The unlicensed vehicles and debris must be removed and the building permit must be upgraded before December 28, 1992. If this deadline is not met, the City may initiate legal action. If you have any questions or if you have a problem meeting this deadline, please feel free to contact me at my office. Sincerely, 1P I 10 to &11'' _ Lyle Oman Building Official LO/ch Enc. - Orono Municipal Code Sec. 9. 50 & 9 .55 cc: Jeanne A. Mabusth, Building & Zoning Adm. Bruce L. Vang, Field Inspector TELEPHONE-473-7357•FAX-473-0510 c ORONO POLICETEPARTMENT MESS.KEY CONTROL NUMBER(OC ) CONT.AGENCY NCIC IDENT(CAG) E I C1 / M N 0 2 7 / / LNBR DATE REPORTED(RPD) TIME RPD(TRP) LOCATION GRIND NBR(LGN) F2-I / rt -1ko, 45L, / of o i ' 10- 0 I / ' //� PLACE COMMITTED(PLC) X/1 LNBR HRD SQUAD OR BADGE#(SBN) TIME ASIG.(TAS) TIME ARR.(TAR) TIME-LR.(TCL) HRD Codes l / L / Cj V / P-Phone R-Radio 7� 'y LNBR r�ISN--t-. UO UA-Alarm CS h ® / / OFFICER PRINCIPAL CODE I-In Person C /'a Z SUSPECT SUS VICTIM VIC V-Visual O LNBR ISN UOC UCS ASST 5—/S REPORT PARTY F/P ADMIN ADM M-Mall C 5 4Z OFFENDER OFF OTHER 0THOther T- OFFENSE❑ OR INITIAL COMPLAINT I-AV /�L�� /? ARREST P. Y n J NAME(LAST,FIRST,MIDDLE) ^A DOB/ SEX ' ADDRESS { PH(M CITY ST ZIP PH(R) OTHER REPORTS INCLUDED Impound❑ Prop Inventory❑ P.C. ME(LAST.FIRS MIDDLE) SEX Implied Consent❑ Accident Report❑ 2TH ^rn L�2o Y DOR' ADDRESS 3 / PH Influence Report❑ Photos❑ Tags L-1Q W Comm.Veh.Report❑ CITY A�) ST -V ZIP S/ PH N 71,917 1'gf7 Overweight❑ <�� P.C. NAME(LAST,FIRST,MIDDLE) DOB SEX �I ADDRESS Roll Call❑ Q r 1 PH(W) l5v ID `7 CIN ST ZIP PH(R) 7 �0�✓� PDLI� AF-CC-10Y'/2 if c OC- �S,mz 177ouw0 7//2t 2 Es126riQ FO /fir O �TGC.EJZ IT 5� —,Olt crnx 4-10 U A 11512 �s4y kri- bg- coul'0 "r 1v c+rf fain ct: /101,L, 1,)1-,-r7- CC977 CXfC�Z /�2f19 /yc4 Tin A 7fi�i wok it ullj7It- 04f AUuuf f AvO 1.,2, £ X20 W l £2 / Cf117h 'u, u�l� Sc� �ltf1 S /-Fi.✓J i �L,// er- ReY�-fl COPY TO: 73 79 80 92 C-�� �G yd� S U 2 �w.5 fG�y v CO.ATTNY.E CITY ATTNY.❑ COURT❑ CHIEF IMP.CONS, OTHER: DISPOSITION: Unfounded Cleared By Arrest Ref.Other Agency Inactive Other OFFICER'S KIV —pet SUPERVIS R'S NATURE