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STATE OF MINNESOTA 1/v� w� �¢ /� `�-c� S / '1� DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
In re: APPLICATION FOR
ADMINISTRATIVE SEARCH
1151 North Arm Drive WARRANT AND AFFIDAVIT
Orono,Minnesota
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STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
Lyle Oman,being first duly sworn upon oath,hereby makes application to this Court for
a warrant to search the premises hereinafter described, for the things hereinafter described.
Affiant knows the contents of this application and affidavit, and the statements herein are
true of his own knowledge, save as to such as are herein stated on information and belief, and as
to those, he believes them to be true. �ant has good reason to believe, and does believe,that
the following described things exist at the premises,to-wit:
Numerous City Code violations exist at the premises described as 1151 North
Arm Drive, located in the City of Orono, County of Hennepin, and State of
Minnesota ("Subject Property").
This �ant applies for issuance of a seazch warrant upon the preceding grounds. The
facts tending to establish the grounds for issuance of an administrative search warrant aze as
follows:
Your affiant is the Building O�cial for the City of Orono. On September 7 and
November 1, 2011, your affiant personally inspected the exterior of the Subject
Property. Your affiant personally observed exterior storage of miscellaneous junk
and debris, including tires, tarps, chairs, landscaping materials, wooden and
plastic shelving, two oil storage tanks, miscellaneous vehicle parts, and an
inoperable pickup displaying Idaho license plate number 7B85183 and expired
registration ta.bs.
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Your affiant further observed that a fence constructed within the front yard of the
Subject Property is approximately six feet ta11 in violation of City Code provisions
prohibiting the construction of fences higher than forty-two inches.
From the exterior of the property, City staff also observed that the gazage on the
Subject Property is fu11 of tires. Based on observations of City sta.ff and
complaints received by the City that the owner of the Subject Property routinely
receives truckloads of tires, the tires in the gazage indicate that the owner of the
Subject Property is illegally operating a bu,siness selling tires from his garage. As
observed by City staff, storage of the tires in the garage is unsafe and may
constitute a fire hazard.
On May 9, 2011, your affiant performed a third inspection and found that all of
the previously observed City Code violations persisted.
On November 9, 2011, City staff posted notice of the City Code violations at the
Subj ect Property. As of December 14, 2011, the property owner has neither
responded to the notice nor abated the violations.
Your �ant's observations regarding the conditions and code violations on the
property have led your affiant to believe that the Subject Property is inadequately
maintained, dilapidated, physically damaged, in an unsanitary condition, and
constitutes a hazard to public safety and health.
Based on your�ant's observations and based on your�ant's knowledge of hazards to
health and safety, your affiant has probable cause to believe that the Subject Property meets the
definition of hazardous property as stated in Minn. Stat. § 463.15 subd. 3. The hazardous
conditions must be abated or repaired immediately pursuant to the provisions of Chapter 463.
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WHEREFORE, �ant requests an administrative seazch warrant be issued commanding
Lyle Oman and his designated agents to enter the Subject Property and to search inside and
outside the house, garage, and accessory structure for the existence of City Code violations,
evidence of uninhabitable conditions, and other safety hazazds.
Lyle man
Subscribed and sworn to before me
this /(o day of ��Cen�.�t., 2011 :�,�kBARA G. SILUS
� tvUTARY PUBUC-MINNESOTA
�Q�.� �i�Co�nmission Expires Jan.31,2013
Notary Public
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
ADNIINISTRATIVE SEARCH WA.RR.ANT
TO: LYLE OMAN,CITY OF ORONO
WHEREAS,Lyle Oman has this day on oath,made application to this Court applying
for issuance of an administrative search warrant to seazch inside and outside of the following
described premises: 1151 North Arm Drive,located in the City of Orono, County of Hennepin,
and State of Minnesota ("Subject Properly"), for the following described thi.ngs: City Code
violations, evidence of uninhabitable conditions,and other safety hazards;
WfiEREAS,the application and af�davit were presented and read by the Court,
NOW,THEREFORE,the Court finds that cause exists for the issuance of an
administrative seazch warrant upon the following grounds:
City Code violations and uninhabitable conditions exist upon the Subject Property
and interior inspection is required to determine the extent and severity of such
conditions.
NOW,THEREFORE,LYLE OMAN and his designated agents are hereby commanded
to enter the Subject Property and to search inside and outside the house, garage,and accessory
stxuctures for the existence of City Code violations,evidence of uninhabitable conditions,and
other safety hazazds.
Dated: � �-'' � �l ,2011
BY C
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Judge f District Court
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