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Home My WebLink About09/15/1998 - Internal note to City Attorney re: zoning violation To: Ken Potts, City Attorney From: Lyle Oman, Building Official Re: Elaine Pagonis, 2740 Shadywood Road, Orono Date: September 15, 1998 Please prepare a formal complaint against Ms. Elaine Pagonis at 2740 Shadywood Road in Orono. The City has notified her of zoning violations that exist on her property on June 26, 1998 and August 19, 1998. They are as follows: 1. The property has 4 dead trees that are shedding limbs and are endangering neighboring properties. Violation of Orono Municipal Code Section 9.55, Subd. 1. 2. The property has tall grass and weeds, the dock has collapsed into the lake and remains partially submerged, the boat house foundation is failing and the entire building is in disrepair and there is a large brush pile that has been next to the driveway all summer. Violation of Orono Municipal Code Section 9.55. 4o ;!O 41.fl CITY of ORONO i l titi Municipal Offices ? rt ,�" G Street Address: Mailing Address: 41./C'Esi40 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 September 15, 1998 Ken Potts, City Attorney 1000 Superior Blvd Wayzata, MN 55391 Re: Elaine Pagonis, 2740 Shadywood Road, Orono Please prepare a formal complaint against Ms. Elaine Pagonis at 2740 Shadywood Road in Orono. The City has notified her of zoning violations that exist on her property on June 26, 1998 and August 19, 1998. They are as follows: 1. The property has 4 dead trees that are shedding limbs and are endangering neighboring properties. Violation of Orono Municipal Code Section 9.55, Subd. 1. 2. The property has tall grass and weeds, the dock has collapsed into the lake and remains partially submerged, the boat house foundation is failing and the entire building is in disrepair and there is a large brush pile that has been next to the driveway all summer. Violation of Orono Municipal Code Section 9.55. Sincerely dIAA&tu-- Lyl man Building Official LO/j lg enc: Telephone (612) 473-7357 • FAX 473-0510 § 9 .54 some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this Section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. SEC. 9.55. MAINTENANCE OF PRIVATE PROPERTY. Subd. 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 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 therefrom. Subd. 2. Grass and Weeds. The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all grass and weeds thereon at a height of not more than six (6) inches, except this provision shall not apply to the following: A. Publicly-owned parks, trails or nature areas. B. Property actively being farmed or used for agricultural purposes in conformance with the Zoning Chapter . C. Residential properties in excess of one acre gross lot size when located in the RR-1A, RR-1B, LR-1A and RS Rural Residential Zoning Districts, provided that such properties or portions thereof shall be maintained in conformance with this Subdivision upon notice from the City that lack of such maintenance has caused complaints from abutting property owners and is thereby creating a public nuisance. D. Wetlands vegetation as defined in the Zoning Chapter . E. Grass, weeds or underbrush on any slope in excess of 100 percent (45 degrees) . SEC. 9.56. VACANT, DAMAGED OR HAZARDOUS BUILDINGS. Subd. 1. Vacant Buildings. It is unlawful for the owner of any property to keep or allow to exist any vacant building which is open to trespass or is not secured against unauthorized entry. When an unsecured building is found, the Building Official shall post the premises and shall issue orders in person or by mail to the last known owner of record requiring that the building be secured within 48 hours. Failure to secure the building upon issuance of such orders shall be cause for the City to properly secure the building, to cause the costs thereof to be charged against the property as provided by Minnesota Statutes Section 463.251, and to commence hazardous building proceedings pursuant to Minnesota Statutes Section 463.15 et seq. ORONO CC 226 (4-1-84) September 2, 1998 Lyle Oman Building Official City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Lyle: As of today, September 2, 1998 there has been no change on the property at 2740 Shadywood Road where Elaine Pagonis lives. The four dad trees that have been on her property for well over two years, the dock that has deteriorated season by season and is mostly under water, the boat house that is collapsing and is a serious potential hazzard just waiting to happen and has also become a breeding area for muskrats, the weed all along her shoreline that spreads very rampantly and is a weed that is likely to fmd its way to our place, and the pile of branches etc., that have been on her driveway for most of the summer are all still exactly the same as they were prior to your letters etc.,with Elaine. As a citizen of the this community I would like to have copies of all correspondence, compliance, and legal action regarding these issues. I am assuming legal action has begun since her deadline to comply was September 1, 1998 and this has not been done. You may send the correspondence to Cheryl Filipiak, 2730 Shadywood Road, Excelsior, MN 55331. My telephone number is 471-9640 if needed. Thank you in advance for keeping me currently updated on the status of the property violations/conclusions at 2740 Shadywood Road. Sincerely, Cheryl Filipiak KENNETH N. POTTS, P.A. 1000 SUPERIOR BOULEVARD ATTORNEY AT LAW SUITE 300 WAYZATA, MINNESOTA 55391 TELEPHONE(612)475-0704 TELECOPIER(612)476-4447 April 28, 1999 Mr. Lyle Oman City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Elaine Pagonis Dear Mr. Oman: Ms. Pagonis appeared in court on April 27, 1999. At that time we entered into an agreement that she was to remove all dead tress on her property along with the debris on her property as soon as possible. In regard to the remaining dead tree she stated that it would cost her a immense amount of money to have the tree removed and currently she was financially strapped. She was given 120 days to remove the remaining dead tree. If she does not remove it on or before August 27th she will have to return to court and be sentenced. As I indicated to you on previous occasions, if she did return to court for noncompliance the judge would in all likelihood would just fine her and not compel her to take down the tree. Therefore, this is the best we could do in the criminal court setting. Ms. Klotsche wondered why the city could not take down the tree and assess Ms. Pagonis the costs of taking down the tree. You told me that the Orono ordinances do not allow for such a procedure and we are left with the cumbersome and time consuming criminal process which is not well suited to handle these on going property violations. In any event, Ms. Pagonis's property should be monitored to assure compliance. If you have any questions please call. Sincerely, X4441-11it Kenneth N. Potts cc: Judy Klotsche C:C. ME PA&owls coAT 1H . 5 any o s�t��yw ? . 31 - . ":., i`Ivr},..6,,,A;';" ''," ‘...;g4'e, •" ' ''''. `1,:.•' • 1 1,..,411114,7 IN, 4., I'. t • r 4 W l Jr ✓p4 • � r' .' 4 ,,. 13'k 3 a'y`e' ', 1 1 x •• r.t 's` X Y .- - • w. ,. �{ Y �ss"r��ln$ t �S„�` �y &"` a3 . ^5. ,��,P ^yY Y. V h+, ,,te ' ,•'k r 1-,i'4:1 r,,a- ,, 4,.,q s C4 'cti h 3 •1 a, '� � ... J T Sr t Y'xv F f t{ 7 CS 4 A a AwCyn; yA { w ` a a :'V,4'' Bry1 '.14';'''). : Al i� fib ' "'a'4 as,, . L Lf}��C: �i4 hoc i s 0 o.q�r 11113‘)s 2:7'-e0 H o�.O (?,l, • 3l- C9\ t S"S;;,i..'�'� - x AFS/13 .4 R<:: ''''g l}X Yt fi r�r 7�,..Nrf P� ;."'� ,-lour,{t,4'v it. * � . x'4 .. war"t ms's tZ r 4t''''''4,;, �,i, ° '' -+�.,. 9,,y k SrvJ �� s Lyle Oman From: Soren Mattick[SMattick@ck-law.com] Sent: Friday, October 31, 2014 3:20 PM To: Lyle Oman Subject: RE: pagonis So is it done? From: Lyle Oman [mailto:LOman(aci.orono.mn.us] Sent: Friday, October 31, 2014 2:56 PM To: Soren Mattick Subject: pagonis ,,e,,,,,...7.7.3.... :..... - ,:i.,*.s., amr lr .#� �h .�� ,.--,re: Jk ,�y„ itt � ' f „ i ‘- -?.-_,,-.. , �.Cf " ; fi j, r. a:h .-T 0Io''N , -c. 'F ,r t ,' , f14". ,1.PiS _emcen l,• • y.�ce•a . l , i'rr r� 4 ( _t L � • e ''—-- - .'''' *IMOI/Irl, "t410.%MilliWft j',4 .'-,17;4' : iceA.. - c_ t • "S'' - i..: ys`7ae.t�a.J fir:. q 1 . + !: nom. ,. 1 1 • J� s ,ss E Arfi .r f{.,��, it a;' !� y x f ,[ : +3 4 • ?;" ,��• - , r !'s rJ� • 10- S..,'7' MS..,' - S Soren, I met the contractor and directed removal of remaining items, most of which was under the ice when the demo happened. 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 2