HomeMy WebLinkAboutRe: complaint/code violation �Oi V
CITY OF ORONO
,a Street Address: I Mailing Address: Telephone(952)249-4600
Kelley Fax (952)249-4616
ly �' Orono,MN 55356 Crystal Bay,MN 55323 www.d.orono.mn.us
SH2750 Parkway P.O.Box 66O�
June 24,2015
Jason Wilsey
990 North Shore Drive W
Orono MN,55364
Re: City Code Violations at 994 North Shore Drive
Dear Jason
The City of Orono has received a complaint regarding the condition of your property at 990 North Shore Drive
W. In response, a City of Orono official inspected your property on 6/11/15 at 2:30 pm, which revealed
violations of Orono City Code. Your immediate attention to this matter is required.
The violation cited on the above premises is noxious weeds(Thistle)which is in violation of City Code Section 58-
1. Maintenance of Private Property. In order to correct the violation weeds must be eradicated.This work must
be completed byJuly 2,2015 Q days hence).
Please be advised, if you fail to correct the violation prior to the deadline, the City will correct the violation and
the costs to do so will be assessed against the property [Cite: City Code 58-1(c)]. Those costs will be certified to
the County Auditor and will be collected in the same manner as special assessments against the property.
If you have any questions, please don't hesitate to call me at 952.249.4625.
Sincerely,
CITY OF ORONO
Roger Peitso
Building Official
Enclosures Frequently Asked Questions
City Code Section 58-1
A
J
Frequently Asked Questions
What is code enforcement?
The Orono City Council has established goals and expectations for the general health, safety, welfare, and
aesthetic standard of the community.
These expectations are adopted as law in the City Code. Planning, zoning, building staff and police officers
provide enforcement services for violations of the City Code that impact the safety and quality of life of the
community. While code enforcement primarily maintains quality of life standards, it also plays an important
role in the early identification and mitigation of unsafe exterior hazards, public health.hazards, and compliance
with humane pet standards.
How is the complaint process initiated?
The code enforcement process is typically initiated in one of several ways: 1) in response to a complaint by an
individual, 2) as a consequence of an action (i.e. an application for a building permit or a zoning variance); or 3)
observation of a code violation by the staff.
Minnesota state law prohibits the release of the identity of individuals who make a complaint. Minn. Stat.§
13.44 states: The identity of individuals who register complaints with government entities concerning violations
of state or local ordinances concerning the use of real property are classified as confidential data, pursuant to
section 13.02,subdivision 3.
Why am I receiving a formal letter and not a courtesy phone call?
Your property has one or more city code violations. The city, in most circumstances, is required to provide a
written notification to the owner of the property.
What happens if I ignore this order?
Additional penalties including criminal prosecution are possible. Your immediate attention is required. Do not
ignore this order.
What If my tenant is the party responsible for creating the violation?
You are receiving this notice because you are the owner of record and are ultimately responsible for ensuring
that the violation(s) listed in this notice are corrected. You may also be subject to fees for corrective action
initiated by the city and/or fines for failure to comply.
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.
(b) The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all grass and
weeds on the property at a height of not more than six inches, except this provision shall not apply to
the following:
(1) Publicly owned parks,trails or nature areas.
(2) Property actively being farmed or used for agricultural purposes in conformance with chapter 78.
(3) Residential properties in excess of one acre gross lot size when located in the RR-1A, RR-16, LR-1A
and RS rural residential zoning districts, provided that such properties or portions of properties shall
be maintained in conformance with this subsection upon notice from the city that lack of such
maintenance has caused complaints from abutting property owners and is thereby creating a public
nuisance.
(4) Wetlands vegetation as defined in chapter 78.
(5) Grass,weeds or underbrush on any slope in excess of 100 percent(45 degrees).
(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.
State Law reference—Minnesota Noxious Weed Law,Minn. Stat. § 18.75 et seq.
DATE TIME
OF RO CALLED IN
*SPECTION NOTICE SCHEDULED
PERMIT NO. / COMPLETED
ADDRESS �� "
OWNER TELEPHONE NO.
CONTRACTOR
DESCRIPTION
W ❑ FOOTING ❑ DEMO-FINAL ❑ SEPTIC FINAL
Q ❑ POURED WALL ❑ PLUMBING RI ❑ EXCAV/GRADING/FILLING
Q ❑ FOUNDATION WATERPROOF ❑ PLUMBING FINAL ❑ TREE REMOVAL
Z ❑ RADON SLAB ❑ MECHANICAL RI ❑ SITE INSPECTION
Q ❑ FRAMING ❑ MECHANICAL FINAL ❑ PROGRESS
❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ COMPLAINT
Q ❑ FINAL ❑ WATER HOOK-UP FOLLOW-UP
W ❑ AS BUILT-SURVEY ❑ SEWER HOOK-UP ❑ HARD COVER REMOVAL
v ❑ DEMO-SITE ❑ SEPTIC INSTALL ❑ FOUNDATION/REMOVAL
2 OWNER/CONTRACTOR TO MEET YOU._YES NO
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W ❑WORK SATISFACTORY:PROCEED O PROJECT COMPLETE
cc ❑CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY
W
❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY
C) BEFORE COVERING PERMANENT
❑CORRECT UNSAFE CONDITION WITHIN HOURS. ❑ PHOTO 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
Owner/Contra on site:
Inspector.
White Copy/Inspectoes File Canary Copy/Site Notice
b A- 40
DATE TIME
CITY 01 ORONO CALLED IN
INSPECTION NOTICE SCHEDULED
PERMIT NO. COMPLETED
ADDRESS Q b NOM L �-
OWNER TELEPHONE NO.
CONTRACTOR
DESCRIPTION
❑ FOOTING ❑ DEMO-FINAL ❑ SEPTIC FINAL
Q ❑ POURED WALL ❑ PLUMBING RI ❑ EXCAV/GRADING/FILLING
❑ FOUNDATION WATERPROOF ❑ PLUMBING FINAL ❑ TREE REMOVAL
Z ❑ RADON SLAB ❑ MECHANICAL RI ❑ SITE INSPECTION
Q ❑ FRAMING ❑ MECHANICAL FINAL ❑ PROGRESS
❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ COMPLAINT
Q ❑ FINAL ❑ WATER HOOK-UP ❑ FOLLOW-UP
_ ❑ AS BUILT-SURVEY El SEWER HOOK-UP ❑ HARD COVER REMOVAL
j ❑ DEMO-SITE ❑ SEPTIC INSTALL ❑ FOUNDATION/REMOVAL
Z OWNERICONTRACTOR TO MEET YOU:_YES_NO
COMMENTS:
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cc ❑CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY
W
OO ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY
V BEFORE COVERING PERMANENT
❑CORRECT UNSAFE CONDITION WITHIN HOURS. PHOTO TAKEN
INSPECTOR WILL RETURN
CITATION ISSUED
❑ STOP ORDER POSTED.CALL INSPECTOR
❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS.
Call for the next inspection 24 hours in advance. (952) 249-4600
Owner/Contra r site:
Inspector.
White Copylinspector's File Canary Copy1Site Notice
Orono, MN Code of Ordinances Page 1 of 1
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.
(b) The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all grass and weeds on the property at a height of not more
than six inches,except this provision shall not apply to the following:
(1) Publicly owned parks,trails or nature areas.
(2) Property actively being farmed or used for agricultural purposes in conformance with chapter 78.
(3) Residential properties in excess of one acre gross lot size when located in the RR-1 A,RR-1 B,LR-1A and RS rural residential zoning districts,
provided that such properties or portions of properties shall be maintained in conformance with this subsection upon notice from the city that
lack of such maintenance has caused complaints from abutting property owners and is thereby creating a public nuisance.
(4) Wetlands vegetation as defined in chapter 78.
(5) Grass,weeds or underbrush on any slope in excess of 100 percent(45 degrees).
(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)
State Law reference—Minnesota Noxious Weed Law,Minn.Stat.§18.75 et seq.
about:blank 6/18/2015
Orono, MN Code of Ordinances Page 1 of 3
Sec. 78-72. - Lots of record.
(a) A lot of record is any lot for which a deed or registered land survey has been recorded in the office
of the register of deeds or the registrar of titles for Hennepin County prior to January 1, 1975, and
after approval by the council if required.
(b) A lot of record located within an R(Residential)or RR(Rural Residential)district but not within the
Shoreland Overlay district, RS Seasonal Recreational district, or any of the LR-Lakeshore
Residential districts,which does not meet the requirements of this chapter as to area or width may
be utilized for a single-family detached dwelling purpose, provided that in the judgment of the
council or administrative approval by the planning director, such use does not adversely affect
public health or safety and the following requirements are met:
(1) In R districts of one acre or less and served by public sanitary sewer.A lot of record existing
upon January 1, 1975, in any R district of the city of up to and including one acre,which lot is
serviced by public sanitary sewer and which does not meet the requirements of this chapter
as to area or width only, may be utilized for single-family detached dwelling purposes without
council approval if all other requirements of the underlying zoning district are met, including
but not limited to required yards, setbacks, lot coverage by structures, hardcover, etc.
However,the lot of record shall not be more intensely developed unless combined with one or
more abutting lots or portions so as to create a lot meeting the requirements of this chapter.
(2) In R or RR districts of greater than one acre and served by public sanitary sewer.A lot of
record in any R or RR district in the city in excess of one acre which does not meet the
requirements of this chapter as to area or width only may be utilized for single-family
detached dwelling purposes by administrative approval if the planning director finds that the
following conditions are met:
a. It is at least one acre in size, and the average width of the lot is at least 100 feet;
b. It is served by public sanitary sewer; and
c. It otherwise meets the requirements of this chapter or other applicable Code
provisions.
(3) In R or RR districts not served by public sanitary sewer.A lot of record in any R or RR
district in the city not served by public sanitary sewer must meet the area and width
requirements of this chapter and shall not be utilized for single-family detached dwelling
purposes without council approval.Administrative approval may be granted for a lot of
record not meeting the lot area and width requirements if the planning director finds that
the following conditions are met:
a. The lot area and lot width each meet at least 50 percent of the district standard.
b. Suitable primary and alternate septic sites are identified on the property and are
protected from future development by execution of a covenant.
c. All other zoning ordinance requirements must be met, including but not limited to the
following:
1. Setbacks.
2. Hardcover.
3. Lot coverage by structures.
about:blank 6/11/2015
Orono, MN Code of Ordinances Page 2 of 3
4. Accessory structure requirements.
(c) A lot of record located in any shoreland district, including the Shoreland Overlay district, RS
Seasonal Recreational district, and any of the LR- Lakeshore Residential districts,that does not
meet the requirements of this chapter for lot size or lot width shall be subject to the following
regulations:
(1) A nonconforming single lot of record may be allowed as a building site without variances from
lot size and width requirements, provided that:
a. All setback requirements can be met;
b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be
installed or the lot is connected to a public sewer; and
c. The impervious surface coverage meets all hardcover location and square footage
restrictions of this chapter and the total square footage of hardcover does not exceed 25
percent of the entire lot area.
d. All other zoning district standards can be met.
(2) In a group of two or more contiguous lots of record under a common ownership, an individual
lot must be considered as a separate parcel of land for the purpose of sale or development, if
it meets the following requirements:
a. The lot must be at least 66 percent of the dimensional standard for lot width and lot size
for the shoreland classification consistent with Minnesota Rules, chapter 6120;
b. The lot must be connected to a public sewer, if available, or must be suitable for the
installation of a Type 1 sewage treatment system consistent with Minnesota Rules,
chapter 7080, and local government controls; and
c. Impervious surface coverage must meet all hardcover location and square footage
restrictions of this chapter and the total square footage of hardcover must not exceed 25
percent of the entire lot area; and
d. Development of the lot must be consistent with the comprehensive plan.
(3) A lot subject to either subsections 78-72(c)(1) or(2) remains subject to the hardcover
restrictions of this chapter, as follows:
a. Where the hardcover square footage allotment as calculated based on the assigned tier
exceeds 25 percent of the entire lot area, hardcover shall be limited to 25 percent of the
entire lot area.
b. No portion of the impervious surface square footage allowed shall be placed within in 75
feet of a lake OHWL or tributary bank, except for those items normally allowed in such
location as regulated elsewhere in this chapter.
(4) A lot subject to subsection 78-72(c)(2) not meeting the requirements of subsection 78-72(c)(2)
must be combined with the one or more contiguous lots so they equal one or more
conforming lots as much as possible.
(5) Notwithstanding subsection 78-72(c)(2), contiguous nonconforming lots of record in
shoreland areas under a common ownership must be able to be sold or purchased
individually if each lot contained a habitable residential dwelling at the time the lots came
under common ownership and the lots are suitable for, or served by, a sewage treatment
system consistent with the requirements of Minn. Stat. § 115.55 and Minnesota Rules, chapter
7080, or connected to a public sewer.
about:blank 6/11/2015
Orono,MN Code of Ordinances Page 3 of 3
(6) In all variance requests, zoning and building permit applications or conditional use requests,
the property owner shall address,when determined as appropriate by the city engineer or
city staff, stormwater runoff management, reduction of impervious surfaces, setback
increases, restoration of wetlands,vegetative buffers, sewage treatment and water supply
capabilities, and other conservation-designed actions.
(7) A portion of a conforming lot may be separated from an existing parcel as long as the
remainder of the existing parcel meets the lot size and sewage treatment requirements of the
zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.
(Code 1984, § 10.03(6)(A); Ord. No. 9 3rd series, § 1, 5-24-2004; Ord. No. 92 3rd series, § 1, 3-26-2012;
Ord. No. 95 3rd series, § 1, 10-8-2012; Ord. No. 108 3rd series, § 1, 7-8-2013)
about:blank 6/11/2015
CITY OF ORONO
.1 Street Address: Mailing Address. Telephone(952)249-4600
y� G1 2750 Kelley Parkway I P.O.Box 66 Fax (952)249-4616
N
SH04
ly 4 Orono,M 55356 Crystal Bay,MN 55323 I www.d.orono.mn.us
kE
June 24,2015
Jason Wilsey
990 North Shore Drive W
Orono MN,55364
Re: City Code Violations at 994 North Shore Drive
DearJason
The City of Orono has received a complaint regarding the condition of your property at 990 North Shore Drive
W. In response, a City of Orono official inspected your property on 6/11/15 at 2:30 pm, which revealed
violations of Orono City Code. Your immediate attention to this matter is required.
The violation cited on the above premises is noxious weeds(Thistle)which is in violation of City Code Section 58-
1. Maintenance of Private Property. In order to correct the violation weeds must be eradicated.This work must
be completed by July 2. 2015 (7 days hence).
Please be advised, if you fail to correct the violation prior to the deadline, the City will correct the violation and
the costs to do so will be assessed against the property [Cite: City Code 58-1(c)]. Those costs will be certified to
the County Auditor and will be collected in the same manner as special assessments against the property.
If you have any questions, please don't hesitate to call me at 952.249.4625.
Sincerely,
CITY OF ORONO
Roger Peitso
Building Official
Enclosures Frequently Asked Questions
City Code Section 58-1
Frequently Asked Questions
What is code enforcement?
The Orono City Council has established goals and expectations for the general health, safety, welfare, and
aesthetic standard of the community.
These expectations are adopted as law in the City Code. Planning, zoning, building staff and police officers
provide enforcement services for violations of the City Code that impact the safety and quality of life of the
community. While code enforcement primarily maintains quality of life standards, it also plays an important
role in the early identification and mitigation of unsafe exterior hazards, public health.hazards, and compliance
with humane pet standards.
How is the complaint process initiated?
The code enforcement process is typically initiated in one of several ways: 1) in response to a complaint by an
individual, 2) as a consequence of an action (i.e. an application for a building permit or a zoning variance); or 3)
observation of a code violation by the staff.
Minnesota state law prohibits the release of the identity of individuals who make a complaint. Minn. Stat.§
13.44 states: The identity of individuals who register complaints with government entities concerning violations
of state or local ordinances concerning the use of real property are classified as confidential data, pursuant to
section 13.02,subdivision 3.
Why am I receiving a formal letter and not a courtesy phone call?
Your property has one or more city code violations. The city, in most circumstances, is required to provide a
written notification to the owner of the property.
What happens if I ignore this order?
Additional penalties including criminal prosecution are possible. Your immediate attention is required. Do not
ignore this order.
What if my tenant is the party responsible for creating the violation?
You are receiving this notice because you are the owner of record and are ultimately responsible for ensuring
that the violation(s) listed in this notice are corrected. You may also be subject to fees for corrective action
initiated by the city and/or fines for failure to comply.
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.
(b) The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all grass and
weeds on the property at a height of not more than six inches, except this provision shall not apply to
the following:
(1) Publicly owned parks,trails or nature areas.
(2) Property actively being farmed or used for agricultural purposes in conformance with chapter 78.
(3) 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 of properties shall
be maintained in conformance with this subsection upon notice from the city that lack of such
maintenance has caused complaints from abutting property owners and is thereby creating a public
nuisance.
(4) Wetlands vegetation as defined in chapter 78.
(5) Grass,weeds or underbrush on any slope in excess of 100 percent(45 degrees).
(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.
State Law reference—Minnesota Noxious Weed Law,Minn. Stat. § 18.75 et seq.
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