The URL can be used to link to this page

Home My WebLink AboutJunk & Debris Christine Mattson From: Scott Oberaigner Sent: Monday, May 03, 2010 11:37 AM To: Scott Oberaigner Cc: Christine Mattson Subject: RE: Follow-up FYI. The junk @ 875 Wayzata Blvd is cleaned up as of 5-3-2010. Scott Oberaigner Utilities Supervisor 2700 Kelley Parkway Orono, MN 55356 Main (952) 249-4600 Office (952) 249-4680 Fax (952) 249-4616 o City of Orono P.O. Box 66 14 / Crystal Bay, MN 55323-0066 (952)249-4600 History Report for: Charles Thompson Address: 875 Wayzata Blvd W Date Inspected Inspector Inspection Type Status Comments 4/12/2010 Public Works Junk and Debis Open PW noted dumping on property 4/14/2010 Mattson Junk and Debis Open Certified letter sent Mr. Thompson called wanting to know 4/16/2010 Mattson Junk and Debis Open where the junk/debris was located. 4/16/2010 Mattson Junk and Debis Open Returned phone call. 5/5/2010 Mattson PW to reinspect Oberaigner reported junk and debris has 5/3/2010 Oberaigner Junk and Debis CLOSED been removed. Z:\Forms\Violation Tracking Sheets.xls 5/3/2010 0 O � I fs ) CITY of ORONO �� ,\\,1-1 � � � , V/' Municipal Offices \ G / Street Address: Mailing Address: 4I�ESSOg� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 April 14, 2010 Charles Thompson 875 WBW, LLC 20400 Lakeview Avenue Excelsior MN 55331 RE: 35-118-23-44-0005 875 Wayzata Boulevard West It has come to our attention that there are a number of materials in open storage at the above address. As a result the property is in violation of City Codes 58-1 and 78-1577 (attached). This letter will serve as your notice that the property must be brought into compliance by May 5, 2010 in order to avoid legal action by the City. In order to bring your property into compliance all materials, junk and debris must be removed from the property by May 5, 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. Thank you for your attention to this matter. If you have any questions, I can be reached at cmattson(�ci.orono.mn.us or 952-249-4620. Sincerely, • Christine Mattson Planning Assistant Enclosure: Code Sections 58-1 and 78-1577 Certified Mail No.: 7002 0510 0001 6306 0681 c US Mail Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us April 14, 2010 878 WBW, LLC 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. 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 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. April 14, 2010 878 WBW, LLC Page 2 of 5 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: A vehicle storage permit may only be issued for properties within the RR- 1B, 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 discontinued for a period of one year. April 14, 2010 878 WBW, LLC Page 2 of 5 (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. April 14, 2010 878 WBW, LLC Page 2 of 5 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) • April 14, 2010 Charles Thompson 875 WBW, LLC 20400 Lakeview Avenue Excelsior MN 55331 RE: 35-118-23-44-0005 875 Wayzata Boulevard West It has come to our attention that there are a number of materials in open storage at the above address. As a result the property is in violation of City Codes 58-1 and 78-1577 (attached). This letter will serve as your notice that the property must be brought into compliance by May 5, 2010 in order to avoid legal action by the City. In order to bring your property into compliance all materials, junk and debris must be removed from the property by May 5, 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. Thank you for your attention to this matter. If you have any questions, I can be reached at cmattson(c�ci.orono.mn.us or 952-249-4620. Sincerely, Christine Mattson Planning Assistant Enclosure: Code Sections 58-1 and 78-1577 Certified Mail No.: 7002 0510 0001 6306 0681 c US Mail SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. X �(7 ❑ ent • Print your name and address on the reverse Addressee so that we can return the card to you. B. Receiv by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. N$, 4.. . 774,0 3a71, D. Is delivery-address diffeis6 from item 1? 0 Yes 1. Article Addressed to: If YES, .delivery address below: 0 No C,har1GS i1i90in `ba, MI5 W 15W LA - • ;�a�$ 2.o4. 4 "tY itvJ AR-. 3. S_ ervio Type - Q__e. �rtlff6d lg�afl`-- 6 6cpress Mail 0 Registered 0 Return Receipt for Merchandise t f•Cte \io( rry `� E(JJJ ❑Insured Mail ❑C.O.D. _ 7 Yes 2. Article (Transt PS Form _ . ,- ..._„95-02-M-1540 U.S. Postal Service CERTIFIED MAIL RECEIPT - (Domestic Mail Only;No Insurance Coverage Provided) . a .-o 0 'J7 •Postage $ •-1 1 ��P,Y MA Lis I� Pi 2.�'SO �, _o Certified Fee Postrna ti‘ a Return Receipt Fee V1Here., w to (Endorsement Required) •■ 1,,,\A c3 Restricted Delivery Fee O (Endorsement Required) nG Total Postage&Fees �. / , U`S` `r) °�— W� 1• t uL ED Sent T Ave_ //��M ru Street, •t. o; p '+i )od JW _ or POmo =•• 1 1�/ O City,Stat- ZIP--4 u. Of Wt See Reverse for Instructions PS Form 380u.January 2001 _