HomeMy WebLinkAboutResolution No. 064-05 RESOLUTION
WHEREAS, Jarrett Ruud ("Licensee") holds a rental registration certificate for property
located at 817 First Street S.W., in Rochester, Minnesota ("Property"); and,
WHEREAS, on September 14, 2004, the City's Building Safety Department issued a
warning notice to the Licensee indicating.that a propane gas tank, inoperable gas grill, empty
beer cans and other miscellaneous junk had been deposited on the Property in violation of
R.C.O. §36.21; and,
WHEREAS, on October 18, '2004, the City's Building Safety Department issued a
refuse container notice to the Licensee indicating a refuse container had been left on the city
boulevard past the day of refuse collection in violation of R.C.O. §34.07; and,
WHEREAS, on October 28, 2004, the City's Building Safety Department issued a
correction orders notice to the Licensee indicating a storm door is missing the windows and
the screen, smoke detectors are missing and stair treads are inadequately sized in violation of
R.C.O. §35.04; and,
• WHEREAS, on December 3, 2004, the City's Building Safety Department issued a
warning-notice to the Licensee indicating there were numerous black plastic bags of refuse
stored on the city boulevard and-a 90-gallon refuse container full of refuse stored upon the
property in violation of R.C.O. §35.21; and,
WHEREAS, R.C.O. §38.125 states as follows:
38.125. Suspension or Revocation of i Registration Certificate-.
Subdivision 1. Any registration certificate issued by the City may be suspended or
revoked upon a finding that the certificate holder, during the term of the certificate,
failed to comply with any, provision of Chapter 32 (Housing Code), Chapter 34
(Minimum Housing Standards), Chapter 35 (Housing Code- Dwellings and
Apartments), Chapter 38 (Registration of Rental Units), or Chapter 55 (Fire
Prevention) of the Rochester Code of Ordinances, any applicable federal or state
statute or administrative rule, or any other city or county ordinance. This section
applies to individual units within buildings or complexes containing multiple units
when the non-compliance occurs within a unit. This section applies to a public
area covered by a registration certificate when the non-compliance occurs within a
public area. For purposes of this chapter, a "public area" shall have the meaning
provided in section 35.11.
Subd. 2. A person's right to apply and receive a registration certificate may
be suspended or revoked upon a finding that the applicant has let to another for
occupancy any dwelling, or any apartment or rooming unit in any dwelling, without
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first obtaining a registration certificate as required by this chapter and, during such
. time, has failed to comply with any provision of Chapter 32 (Housing Code),
Chapter 34 (Minimum Housing Standards), Chapter 35 (Housing Code - Dwellings
and Apartments), Chapter 38 (Registration of Rental Units), or Chapter 55 (Fire
Prevention) of the Rochester Code of Ordinances, any applicable federal or state
statute or administrative rule, or any other city or county ordinance.
Subd. 3. Upon the Building Safety Director's determination that a
reasonable basis exists to seek the suspension or revocation of a registration
certificate, or right to obtain a certificate, or to seek the imposition of a fine or other
sanction, the Director shall cause a hearing to be held before the Rental Housing
Complaint Board. This Board consists of the Common Council member
representing the ward in which the non-compliance occurred, the Common Council
President and the Mayor. All parties must be given an opportunity to appear at the
hearing after receiving reasonable notice. The notice must state the time, place
and issues involved. At the hearing, the certificate holder may present evidence of
Mitigating circumstances showing the absence of any need for a public hearing
before the Common Council to consider the revocation or suspension of the
certificate, or the right to obtain a certificate, or the imposition of fines or other
sanctions. The Board must in good faith hear and consider this evidence in
making its recommendation as to the need for a public hearing.
Subd. 4. At the conclusion of the hearing, the Board must make a
• recommendation to the Common Council as to whether there is a need for a public
hearing to consider the suspension or revocation of the certificate, or the right to
obtain a certificate. The Board's recommendation must be submitted to the
Council for its consideration. If the Council determines there is a need for the
Council to hold a public hearing to consider the suspension or revocation of a .
certificate, or the right to obtain a certificate, or the imposition of a fine or other €
sanction, the Council must follow the procedure provided in subdivision 5.
Subd. 5. No such suspension or revocation shall be effective until the
certificate holder has been afforded an opportunity for a hearing under sections
14.57 to 14.70 of the Minnesota Administrative Procedure Act. All parties must be
given an opportunity to appear at the hearing after receiving reasonable notice.
The notice must state the time, place and issues involved. The certificate holder
may present evidence of mitigating circumstances that would allow the certificate 'holder to retain the certificate or the right to obtain a certificate. The Common
Council must in good faith hear and consider this evidence in arriving at its final t order.
Subd. 6. Upon a finding that the certificate holder or applicant has violated
any such statute, rule, or ordinance, the Common Council may impose any of the
following sanctions:
A. Suspend the registration certificate, or the right to obtain a certificate,
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for a period of time not to exceed 180 days. From the time the
• suspension expires until the time the certificate is scheduled to
expire, the certificate holder will be on probation subject to
compliance with all federal, state and local laws and ordinances. If
the certificate holder violates any such law or ordinance during the
time of probation, the Council must hold another hearing to consider
the revocation of the certificate.
B. Revoke the rental registration certificate, or the right to obtain a
certificate, and establish a time after which the certificate holder or
applicant may apply for a new certificate for the premises in
question.
C. Impose a civil fine not to exceed $1,000 for each violation that
occurred.
D. Place the certificate holder or applicant on probation for a time
period not to exceed one year. During the probation, the certificate
holder or applicant must comply with all federal, state and local laws
and ordinances as well as any other reasonable condition imposed
by the Council designed to gain compliance with applicable laws. If
the certificate holder or applicant violates any of the terms of
probation, the Council must hold a hearing to consider the
• suspension or revocation of the certificate or the right to obtain a
certificate.
Subd. 7. Upon expiration of a suspension or probation time period, a
certificate holder must pay to the City a re-instatement fee of $100 for the first unit
or public area to be re-inspected and re-licensed and $20 for each additional unit
or public area to be re-inspected and re-licensed; and,
WHEREAS, based upon the above-described violations of R.C.O. ch. 34 and ch. 35,
and pursuant to R.C.O. §38.125, subd. 3, the Building Safety Director determined that a
reasonable basis existed to seek the suspension or revocation of the Licensee's registration
certificate, or right to obtain a certificate, or to seek the imposition of a fine or other sanction. As
such, the Director caused a public hearing to occur before the Rental Housing Complaint Board
to consider this matter; and,
WHEREAS, the Rental Housing Complaint Board held its hearing on January 20, 2005,
and recommended this matter be scheduled for a public hearing before the Common Council;
and,
WHEREAS, on February 23, 2005, the Council held a public hearing on this matter and
permitted all interested persons to appear and give testimony. The Licensee and his previous
tenants appeared and gave testimony concerning this matter. Adjacent property owners and
presentatives from the neighborhood association appeared and gave testimony concerning
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this matter. The Council in good faith heard and considered all of the testimony and evidence
�esented during this public hearing in arriving at its final order; and,
WHEREAS, those documents attached hereto and identified as Exhibit A were
submitted to the Council at the February 23rd public hearing; and,
WHEREAS, based upon the oral testimony and written documents provided to the
Council, the Council makes the following findings of fact:
1. There is no dispute as to the violations that occurred in September, October and
December, 2004, upon the Property.
2. There is no dispute that the Licensee was renting out the Property to others
during this time period.
3. The Licensee indicated he took reasonable steps in response to the complaints
and notices of violations.
4. The neighbors indicated they believed the Licensee has not acted promptly or
appropriately in responding to complaints about the maintenance and upkeep of
the Property.
NOW, THEREFORE, BE IT RESOLVED by the City of Rochester Common Council that it
�akes the following conclusions of law:
1. The Licensee, as a holder of a rental registration certificate, violated provisions of
R.C.O. §§ 34.07, 35.04, 35.21 on at least four occasions between September,
2004, and December, 2004.
2. There is a legal basis to impose sanctions upon the Licensee.
3. The sanction of a fine and probation is appropriate for this matter.
BE IT FURTHER RESOLVED that the City of Rochester Common Council does hereby
impose a $1,000 fine and a six-month probation upon the Licensee. The amount of$250 of the
fine is hereby suspended on the condition the Licensee successfully complete the Crime Free
Multi Housing Training course offered by the Rochester Police Department. During the
probation, the Licensee must comply with all federal, state and local laws and ordinances
relating to housing, minimum housing standards, housing code for dwellings and apartments,
registration of rental units and fire prevention. If the Licensee violates any of the terms of
probation, the Council may hold a hearing to consider the suspension or revocation of the
certificate or the right to obtain a certificate.
•
• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF ?Ee , 2005.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: C
CITY CLERK
APPROVED THIS DAY OF /2tA2 W! , 2005.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res05\Resolu.RegisCert.Ruud
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Petition for Enforcement of Housing Code
Regarding 817 First Street, Southwest
KatzkY Park Neighborhood Association
February IS`, 2004
• Index
Letter of Transmittal and Endorsement Pages 12
Summary of Violations Page 3
Third Warning Notice and Chronology Pages 4-10
Spreadsheet Matrix of Violations Pages I1-18
Housing Inspection Record Pages 19-21
All Other Documents of Violations Pages 22-70
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P .O . Box 6101, Rochester, M N , 55903 - 6101
z (507) 529 - 9043 w w w .kutzkypark .org
0160.'h
o o d P ss° 11 February,2002
Letter of Transmittal and Endorsement
To: Members and President,Rochester City Council
Mayor,City of Rochester
Administrator,City of Rochester
From: Kutzky Park Neighborhood Association
Glenn C. Faith,President,pro. ten.
Regarding: Housing Code Violations at 8171"St.,SW
Subject:
The Kutzky Park Neighborhood Association strongly urges your taking action on
this matter. Co-Block Captains Joan Karrer and Lonnie Heimer,after two years of
great difficulty,have asked the Association to present this case for Council action.
We have here extensive documentation of repeated offenses to civil habitation on
this residential street,one of the more structurally and socially fragile in the City.
• These block captains have poured countless hours into the documentation,a task
that should not need to be asked of upright citizens in pursuit of domestic
Tranquillity. Herein we petition for redress ofgrievances.
Attached are a summary of offenses against City Ordinances 32.09,34.07,35.04,
35.21,38.01,38.119 38,12,38,125,38.150 and 38.152,153,154; followed by a
consolidated spreadsheet of offenses,followed by copies of all relevant documents
from the complaint file at the Building and Safety Department procured at our
expense. The record is clear and speaks for itself.
We also call attention to 32.02 wherein ",.enforcement of the...provisions of the
housing code shall be through and by the director of building and safety..." It is
known that for at least six months from June to December of 2004 that a rental
certificate for this property was lacking. Under 38.11 each day lacking a certificate
is a separate violation,and each violation is subject to a maximum fine of$1000 fine,
90 days in jail, or both. This is a serious ordinance and it has not been enforced
We plead for enforcement of our own ordinances and for the conservation of our
venerable neighborhoods.
Thank you for your attention.
• Signature page follows:
1
• Signature Page Letter of Transmittal and Endorsement
Glenn C.Faith Joan Karrer
100418t St.,NW 9031st St.,SW
President, pro tem. Co-Block Captain
Nicole Pierson Lonnie Heimer
1301Center St.,W 9021'St.,SW
Secretary Co-Block Captain
David A. Edmonson Andrew Masterpole
80715t St.,NW 1242 2°d St.,NW
Treasurer Member of Board
•
• Summary of Repeated Housing Code Violations Under Jarret Ruud's Ownership
of 8171st St., SW.
A. Animal Waste:
3 tickets.
Per Animal Control officer;"1 called cell number several times and left message to find
dog owner,but have not received a call back. (several times). Property registered to Jarret Ruud
and inspector gave work#of 282-7700 at Kuehn Motors. I called this number several times and
left message regarding this problem but got no response from Johnson or Ruud.Susan Lagare-
Gulden has also tried several times to get hold of property owner regarding this problem and
other outstanding problems regarding this address, but no response." (10118/04)
B. Trash&junk accumulation at property:
11 violations.
Two different sets of tenants canceled trash pickup and allowed bags to accumulate in
open areas over many months.
Building Safety had to contract for clean up of.property 2 times within 2%years.
Failure to set appointment for reinspection of property when Housing Rental Certificate
(HRC)expired in June 2004.Paid for certificate in June, but failed to set appointment for
scheduled reinspection until Oct 2004. Notice for HRC had been mailed out 90 days before June.
Property continued to be rented out during this period while other violations to the Building
Safety Code occurred.
• C. Housing Rental Certfflicate:
None, at least June to December,2004 180 violations,or more
(as per ordinance).
D. Overcrowding Violation:
1 correction order.
E. Disorderly Use Notices: 3 issued.
F. Other Building Safety or Animal Control Interactions:
39 line items.
G. Police interactions: 16 line items.
Neighborhood watch meetings.
July 13,2004.-
Personal letter sent from Darrel Hiidebrant to all rental property owners on 11t St.SW.
Meeting location-United Way Building 7:00pm.
August 4,2004.
National Night Out.
October 9,2004.
Neighborhood watch meeting.Sat 10:00-11:30am.
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BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suite 300
Rochester,MN 55904-4744
(507)281-6133
FAX(507)287-2240
_December.3, 2004 WARNING NOTICE
Mr. Jarrett Ruud
,12407 Oak Lodge Lane NE
Rochester, MN 55906
RE: .,..3rd Warning Notice for rental at.817-1 Street SW, Rochester, MN
It has come'to our attention that there is unlawful storage of certain items in.the open
areas of the above referenced property. As discussed this notice is in follow up with our
telephone conversation on December 1, 2004.
An investigation has revealed that these items are in violation of Section 35.21 of
• Rochester Code of Ordinances (copy enclosed) which requires all open areas and parts
of premises to be maintained and kept in a reasonably clean and neat condition.
The following items are ordered removed from the open.space areas:
-Numerous black plastic bags of refuse stored on City Boulevard and a 90 -
gallon refuse container-full of refuse.
The items shall be removed immediately no later than December 9, 2004 at 8:00 A.M.
If the items are not removed the City may, under Section 35.24 of Rochester Code or
Ordinances, enter upon such property and abate the public health hazard by any _
reasonable means, including the contracting with a'private firm to do so. Any expenses
incurred by the City in the abatement shall be the responsibility of the property owner,
and will be assessed against the property as provided in Minnesota Statute 429.101.' In
addition xo above charges, an administration fee of$9U.00 will be charged for all
contract.work arranged by the Building Safety Department per Section 38.13
Sub .,5 of the:Rochester Code of Ordinances. ,
Susan M. LeGare-Gulden, S.
Housing Inspector
•Sle-gare(cDci.rochester mn us
(507) 281-6159
r ,
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Rochester Code of Ordinances Section 38.125 "Suspension or Revocation of
Registration Certificate"
The Housing Division of the Building Safety Department has the duty to
investigate housing code complaints to determine if housing code violations exist.
In certain cases, inspectors respond to complaints at the same rental properties on a
repeated basis. The repeated offenses become a frustration and blight to
neighboring property owners. It is a burden on the housing division staff and
inefficient use of staff time responding to housing code complaints to the same
rental property.
In an effort to place more responsibility on the owners of problem rental properties
to be proactive rather than reactive to violation notices issued by the Housing
Division staff, the Rochester Code of Ordinances Section 38.125 "Suspension or
Revocation of Registration Certificate" addresses this occurrence. This section of
the ordinance uses a similar process for repeat violation offenders as is used in the
Rochester Code of Ordinances Chapter 38, Section 152 " Conduct on Licensed
• Premises" also known as the'Disorderly Use" ordinance. After staff determines a
Pattern of repeat violation notices are being issued to a particular property, the .
rental owner is notified in a letter any additional violations in the 12 month time.
period could result in the rental property owner going before the Rental Housing
Complaint Board. The Rental Complaint Board is made up of the Mayor, Council
President, and Council member whose ward was affected by the repeated
violations. The Building Official has the discretion to request a hearing by the
board. The Building Official can exercise flexibility in convening the board,
taking into account the number of units in the complex and any other relevant
factors relating to the violations at the property.
The public hearing investigates the violations and what actions have been taken to
alleviate the repeat violation problem. The Rental Complaint Board hears all
involved parties to determine if a need exists for a full hearing by the council. As
A result Of.the full hearing, the council can impose sanctions similar to those
invoked for,:the "Disorderly Use" ordinance which can include suspending or
revoking certificate, imposing a civil fine and imposing other reasonable conditions
that would encourage rental owners to take more res onsibili tY in managing then
Properties and limit repeat housing code violations, p
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regarding second complaint. Warning notice issued compliance for violation
scheduled on 8 AM October 25, 2004.
• October 21, 2004 Inspector performed a two-year routine inspection and sent a
correction letter with a deadline of December 5, 2004
October 25, 2004 Re-inspection, refuse container removed from City Boulevard.
December 1, 2004 Inspector investigated and confirmed exterior refuse complaint,
digital photos taken. Called refuse hauler Sunshine Sanitation refuse collection
stopped due to non-payment since November 19, 2004. Called. property owner
regarding complaint and refuse collection service stopped for rental property and third
notice for complaints.
December 3, 2004. Issued third Warning Notice for refuse complaint in AM. Later the
same day property owner called in the afternoon to report that refuse collection.was
restored by Sunshine Sanitation.
December 9, 2004 Re-inspection to residence all refuse and refuse container
removed from City Boulevard.
The housing registration certificate has expired; the expiration date was June 30, 2004. The
property was due for a two-year routine inspection prior to the expiration. A notice of
inspection was sent to the property owner 90 days before the expiration date. After sending
an over due inspection notice on July 16, 2004 (see attached) an inspection was scheduled,
and a Safety Inspector performed a 2-year inspection on October 21, 2004. A correction
• order was written stating corrections must be completed and re-inspected by December 5,
2004. At this point in time a re-inspection to verify corrections have been made has not been
completed. It is the responsibility of the rental owner to schedule inspections and complete
corrections or request extensions to comply with deadlines.
A disorderly use for overcrowding was cited at this rental property on August 29, 2004 in
accordance with Rochester Code of Ordinances. Section 38.152
• •Page 2
A1Z,AM rA
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• 7 �,� R�TED.AUGpS'I•'..
BUILDING SAFETY DEPARTMENT
'2122 Campus Drive S.E.,Suite 300
Roctiester,MN 55904-4744
(507)281-6133
FAX(507)287-2240
October 28, 2004 CORRECTION ORDERS NOTICE
Jarrett Rudd .
12407 NE Oak Lodge Lane
Rochester, MN 55906
Rental Property: 817 SW Is'St
Date Inspected: October 21, 2004 -
Number of Units: 1
In accordance with Section 32.09 of the Rochester Housing Code, this department
made an inspection of the dwelling units and premises referenced above.
CORRECTIONS
• 1) The storm door for the front entrance is missing the windows and the screen.
Provide and install intact windows or screens, as per R.C.O. 35.04., (This storm door is
not required, it can be removed. However, if installed it must be kept,in a good state of
repair.)
2) The required smoke detectors in this unit on both the first and second floor are
inoperable or missing; repair and/or replace the smoke detectors within forty-eight
(48) hours of receiving this letter, as per 2003 Minnesota State Fire Code, Section
907.2.10.2.
3) The stairs providing access to the back porch are relatively new. The treads are
inadequately sized and the risers have an opening that exceeds the maximum 4" space.
Code'requires that the treads be at least 9" wide,-rise cannot exceed 8% and maximum
spacing must not exceed 4". The porch is structurally solid but is going to require repair
before the next, routine inspection. As a temporary measure, if you install risers
between the treads.to meet the maximum spacing requirement, further repairs can be
completed when the.deck is rebuilt. (Please see included stair and landing handout.)
All of the above corrections must be completed within thirty (30) days of receiving
this letter but no later than December 5, 2004, unless otherwise noted.
Failure to make the required corrections and have them reinspected or receive a
• written extension from our office, by the stated deadline, will result in this matter
being referred to the City Attorney for legal action. This is the only notification
you wi1].>receive from this.department. .
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BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suite 300
Rochester,MN 55904-4744
(507)281-6133
FAX(507)287-2240
October 18, 2004 REFUSE CONTAINER NOTICE
Mr. Jarrett Ruud
12407 Oak Lodge Lane NE
Rochester, MN 55906
RE: 817-1 Street SW, Rochester, MN
This letter is to inform you that the location of your refuse container left on the city
boulevard does not comply with Section 34.07 of Rochester Code of Ordinances. Copy
of digital photo provided. Refuse collection is scheduled for Thursday and the 90 gallon
refuse container must be removed at the end of this day.
All refuse containers shall be kept as near the rear of the premises as practicable (at the
• alley if there is one). Such containers shall be placed at curbside only on the day of
pick up.
Please comply with the following:
1. Relocate refuse container(s) to an approved location within seven (7) days.
2. Inform all your tenants of this notice and code requirement.
Failure to correct this problem will result in the matter being referred to the City
Attorney's Office for legal action.
Susan M. LeGare-Gulden, R.S.
Housing Inspector '
SlegareO-ci.rochester.mn us
(507) 281=6159
Refuse Container Notice 2004
•
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ROCHESTER � �..,.
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suite 300
Rochester,MN 55904-4744
(507)281-6133
FAX(507)287-2240
WARNING NOTICE
September 14, 2004
Jarrett Ruud
12407 Oak Lodge Lane NE
Rochester, MN 55906
RE: 817-1 Street SW, Rochester, MN
It has come to our attention that there is unlawful storage of certain items in the open
areas of the above referenced property.
An investigation has revealed that these items are in violation of Section 35.21 of
Rochester Code of Ordinances (copy enclosed) which requires all open areas and parts
of premises to be maintained and kbpt in a reasonably clean and neat condition.
• The followingitems are ordered removed from the open space areas:
-LP tank inoperable gas grill, trash, empty beer cans, and all other.
miscellaneous junk on the porch of the above referenced rental property.
The items shall be removed no later than September 22, 2004 at 8:00 A.M.
If the items are not removed the City may, under Section 35.24 of Rochester Code or
Ordinances, enter upon such property and abate the public health hazard by any
reasonable means, including the contracting with a private firm to do so. Any expenses
incurred by the City in the abatement shall be the responsibility of the property owner,
and will be assessed against the property as provided in Minnesota.Statute 429.101. 'In
addition to above charges, an administration fee of$90.00.will be charged for all
contract work arranged by the Building Safety Department per Section 38.13
Vubof the Rochester Code o dinances.
. LeGare-Gulden, R. ' 2
Housing Inspector*
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Slegare@ci.rochester.mn.us God
• (507) 281-6159
Waming Notice 2004
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RAT$D•AtlGUST•:
July 16, 2004 BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E., Suite 300
Rochester, MN 55904-4744
(507)28176133
Owner FAX(507)287-2240
Jareft Rud www.rochestermn.gov
12407 Oak Lodge Ln NE
Rochester, MN 55906
OVER DUE
ROUTINE INSPECTION NOTICE
RE: Over Due Routine InspeGtlon at 817 1 ST SW
Certificate Number. 5739
Last Inspection: September, 2002
• The above referenced rental property is past due for a routine inspection.
It is necessary that the owner ,:�r a representative be present at the inspection time and
have all the keys necessaryto allow the housing inspector access to all areas within the
building. (Rochester Housing.. 'Code Section 32.09)Please call 281-6133 by August 1,
2064 and make an inspection a ppointment which will be convenient for both parties. Call
between 8:00 am and 9:00 am f f possible.
The rental certificate has expi wed. If this dwelling continues to be rented, it is in violation
of the Rochester. Housing Code Section 38.01 and 38.11 which is a misdemeanor
punishable by up to a $1000 fin ^ � 90 days in jail or both. This property will'be referred to
the city attorney for legal action i 1�f it is not brought into compliance.
if you no longer own'thiS r-�y you.must notify the Building Safety*Department,,
. p�rope
Than you,,
GarAutton
*Manager of Housing Inspection Se�,services
81-6255
gdutton@ci.roch ester.mn,us
/rinspnot
An E4-dOpport dty Emp&yer �D
Report on History of Activity at 8171st St SW from Building Safety's Records/
Animal Control Reports/Rochester Police Incident Reports
*All comments and notes come from the Public Record alone. No personal comments or conversations from residents are stated here.
Date Warning notice Date letter sent violation cited Deadline for corrections
4/15/2002 Bldg Safety: Investigate exterior complaint
R Zappen: Warning Notice 2 Upholstered chairs, 1 upholstered couch,&rolled up rugs on front 4/15/2002 35.21 4/22/2002
porch-remove no later than 4/22
4/15/2002 R Zappen: New Owner Notice 60 days to transfer title 38.12 Subd.2 6/15/2002
4/19/2002 Bldg Safety: Spoke with owner regarding registering of property
4/22/2002 Bldg Safety: One couch&rug removed-2 upholstered chairs and full couch on open porch-not
resolved. Nothing done.2nd letter sent for removal of items
4/29/2002 Bldg Safety: Couch&2 upholstered chairs on front porch-property still not registered
R Zappen: Final Warning Notice Unregistered rental property&removal of 2 upholstered chairs 4/29/2002 35.21 5/8/2002
and 1 full size upholstered couch
5/14/2002 Bldg Safety: Site inspection as per complaint-not resolved. Nothing done,2nd letter for
unregistered property and 4th letter for removal of chairs and sofa
City Attorney Referral: Housing Code Violation for failure to comply with registration of rental
property,correction order and permission for required inspection
5/20/2002 R Zappen: Unregistered Rental Property Notice 5/20/2002 38.02 5/27/2002
6/7/2002 Title transfer: J Ruud
6/11/2002 Bldg Safety: Investigation complaint
Bldg Safety: Warning letter for yard
R Zappen: Warning Notice Large pail of used motor oil in front yard 6/11/2002 35.21 6/18/2002
6/12/2002 Bldg Safety: Received email property sold to relative plan to next meet Matt Davis tenant renting
from Jarret will contact me with per property owner
6/13/2002 Bldg Safety: Property possibly sold. Received call from R Zappen. Sold property to J Ruud
Page 1
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Date Warning Notice Date letter sent violation cited Deadline for correction
6/13/2002 J Ruud: Unregistered Rental Property Notice 6/13/2002 38.02 6/20/2002
6/18/2002 Bldg Safety: Pail of oil not removed. Called owner
6/21/2002 Bldg Safety: Pail of oil gone (Later found pail was moved to back)
6/27/2002 Bldg Safety: Contractor removed oil from residence. Contractor removed from yard.
Pail moved from front to rear.
7/11/2002 Bldg Safety: Routine inspection non compliant items noted
7/15/2002 Bldg Safety: Pd$88.00 clean up&processed assessment cc sent
7/18/2002 J Ruud: Correction Orders Notice
1. Install a smoke detector for 1st floor bedroom 7/18/2002 32.09 8/18/2002
2. Install a handrail for the third floor stairway 8/18/2002
3. The roof shingles are in need of replacement-90 days 10/18/2002
7/22/2002 Rochester Police: Paper Service:Civil
8/19/2002 Bldg Safety: Housing Rental Certificate processed
8/26/2002 Bldg Safety: Mr Ruud called. $88.00 assessment should go to Rebecca Zappen. Remailed
assessment to her
9/13/2002 Bldg Safety: Routine inspection incompliance new roof installed
9/17/2002 Bldg Safety: Certificate issued Expires 6/2003
10/23/2002 R Zappen/J Ruud: Rubbish Removal Zappen stated she would be responsible for the bill of$89.78
3/1/2003 Rochester Police: Noise Violation
5/16/2003 Rochester Police: Noise Violation
5/27/2003 Rochester Police: Noise Violation
7/11/2003 Bldg Safety: renewal paid. Certificate issued. Expires 6/2004
8/24/2003 Rochester Police: Noise Violation
Page 2
IZ
Date Warning notice Date letter sent violation cited Deadline for correction
8/26/2003 Rochester Police: Suspicious Circumstances
Bldg Safety: Investigated complaint. Digital photo taken
8/29/2003 Bldg Safety: Disorderly Use Violation Issued
J Ruud:Disorderly Use Notice Issued to second set of tenants who moved in under J Ruud's 8/26/03. 9/23/03.
ownership. Cited for overcrowding. 38.152,Subd.2
1. Overcrowding for six person's residing at residence 35.150,f
2. Refuse collection service not provided for residence. Numerous bags of 34.07
household garbage being stored in garage leading to potential vermin
infestation for the neighborhood.
Also of note,6 It maduana plant growning in backyard-well tended. Photo taken.
3. Wooden gate/fence hazardous with sharp ends of exposed nails on inside of gate. 35.19
9/27/2003 Rochester Police: Noise Violation
9/29/2003 J Ruud:Correction Orders Notice 3 items listed on Disorderly Use
Notice on 8/29/03 38.152,Subd.2
1. Overcrowding: Dan Moe(tenant)9/29 reported Dustin Burkey. Tenants now down to 5 35.150,f 9/29/2003
(also tenant cited)moved out and no longer lives there
2. Refuse collection: Superior-collection every Thursday. Garbage service started 34.07 9/29/2003
3. Wooden gate-OK Gate corrected 35.19 9/29/2003
9/30/2003 Bldg Safety: Received notice of Disorderly Use
J Ruud: 2nd Disorderly Use Notice Issued to second set of tenants who moved in under J Ruud's 9/27/03. 38.152,Subd.2
ownership. Cited for overcrowding.
1. Loud Parties/Gathering: (Per Police Report) Dispatched to address at 0006 hrs. Upon arrival
people began exiting out the west door. A handful of people ran through the backyard. Spoke with
Chambers about the party. About 25 people were inside the residence. Chambers warned about
the party. Guests left the residence. Alcohol was present inside the house. No one of age was
present in the house. Alcohol was poured out.
10/24/2003 Rochester Police: Dispute
Date??? 3rd set of renters under J Ruud move in ;
3/5/2004 Rochester Police: Parking Violation
5/20/2004 Rochester Police: Noise Violation
Page 3
Date warning notice
6/8/2004 Rochester Police: Noise Violation Date letter sent violation cited Deadline for corrections
6/18/2004 Rochester Police: Assist Person or Agency
6/23/2004 Bldg Safety: Renewal paid
6/25/2004 Bldg Safety: Investigation complaint. Photos taken and correction letter sent
J Ruud: Correction Orders Notice
1. Wood trim on 3rd story west two windows is rotten. Replace rotten wood and paint window trim 6/25/2004 35.02 7/25/2004
Paint on the rear of porch wood trim is peeling. Scape peeling paint,prime bare wood and paint as
per Rochester City Ordinance 35.02
7/16/2004 Bldg Safety: Overdue routine inspection overdue
J Ruud: Overdue Routine Inspection Notice 7/16/2004
Rental Certificate Expired If dwelling continues to be rented, it is in violation of 32.09 8/1/04 for appt
RHC Sec.38.01 &38.11 which is a misdemeanor up to$1000,90 days in jail or both. 7/16/2004 38.01 &38.11
Will be referred to city attorney for legal action if not brought into compliance
7/24/2004 Rochester Police: Traffic Accident
9/14/2004 Bldg Safety: Investigated complaint. Photos taken.
J Ruud: Warning Notice Issued for unlawful storage of items in open areas. LP tank,
inoperable gas grill,trash,empy beer cans,and all other misc junk on the porch of rental property 9/14/2004 35.21 9/22/2004
9/16/2004 Bldg Safety: Not all debris gone with tenant of residence
9/19/2004 Rochester Police: Noise Violation
9/24/ 0004 J Ruud: Animal Control Warning
Dog Sanitation-ACO was called here warn u nlic dog sanitation 2 days to PU and LIC will be often ::TSubd.1
.05
today and will call shelter for lic# g .1 &
.09
9/29/2004 Bldg Safety: Half of junk gone from porch. Spoke with tenant. They have 24 hrs.to
remove remaining items from the porch. Contractor to remove items 9/30/04
9/30/2004 J Ruud: Godbout Excavating,Construction&Septic Systems
City removed LP tank,trash, empty beer cans,junk on the front porch of 10/25/2004
rental property. Bill was$125+$90=$215
Page 4
Date Warning notice Date letter sent violation cited Deadline for corrections
10/15/2004 Bldg Safety: Investigated and confirmed exterior complaint. Photo taken 1:00pm. Letter to owner
J Ruud: 2nd violation notice regarding refuse containers
10/16/2004 Rochester Police: Intoxicated Person
10/17/2004 Rochester Police: Disorderly Conduct
10/18/2004 J Ruud: 2nd Animal Control Warning 106A.05
Officer met with inspector and shown dog waste in front yard. Knocked on door,no would answer, Subd.1 &
but there were people in the place. Left warning in the door for dog owner to call me at the shelter, 106A.09
but no response from the owner. Home is rental to students,utilities listed in name of Ryan Subd.1
Johnson. I have called cell number several times and left message to find dog
owner, but have not received any call back. (several times). Property
registered to Jarret Ruud and inspector gave work#of 282-7700 at Kuehn
motors. I called this number several times and left message regarding this
problem, but got no response from Johnson or Ruud. S Lagare-Gulden has
also tried several times to get hold of property owner regarding this
this problem and other outstanding problems regarding this address, but
no response. I will mail property owner tickets for violating City of Rochester ordinance
(106A.05 Subd.1)for unlicensed dog and(106A.09 Subd.1)sanitation(excrement)in the yard.
J Rudd: Refuse Container Notice 10/18/2604 34.07 10/25/2004
Refuse container left on city boulevard. Refuse collection is scheduled for Thursday and the 90 gal
container must be removed at end of this day.
1. Relocate refuse container to approved location
2. Inform all your tenants of this notice and code requirement
10/21/2004 J Ruud: Inspector performed a 2yr routine inspection and sent a correction letter with a deadline of
12/5/2004
Bldg Safety: Not compliant
10/25/2004 Bldg Safety: Re-inspection,refuse container removed from City Blvd
Page 5
IS""
Date Warning notice Date letter sent violatin cited Deadline for corrections
10/28/2004 J Rudd: Corrections Orders Notice 10/28/2004 11/28/2004
1. Storm door for front entrance is missing windows and the screen. Provide and install intact 35.04
windows or screens. Storm door may be removed instead of repaired.
2. Required smoke detectors in this unit on both 1st&2nd floor are inoperable or missing. Repair MN fire code
&/or replace detectors within 48 hrs 907.2.10.2.
3. Stairs providing access to back porch are relatively new. Treads are inadequately sized and 35.04
risers have opening that exceeds max 4"space. Code requires that treads must be 9"wide,rise
rise cannot exceed 8",and maximum spacing must not exceed 4". Porch is structurally solid but
is going to require repair before the next routine inspection. As a temporary measure,if you install
risers between the treads to meet the max spacing requirement,further repairs can be completed
when the deck is built
11/1/2004 J Rudd: Billing Notice for rubbish removal mailed to Rudd
Bill paid by city and assessed to property
11/3/2004 Bldg Safety: Investigated complaint. Rugs on front porch. Photo taken. Pink notice left on door.
11/4/2004 J Rudd: Pink Notice left on front door regarding rugs. Gas grill and some other junk still seen in 11/5/2004
photo by Building Safety.
Bldg Safety: Rugs gone from the porch
11/8/2004 J Ruud: 3rd Animal Control Warning
Went to address and noticed several dog waste piles in the front yard by the
city sidewalk. Went to the door and knocked on it, but no one would
answer the door. I left my business card to call me at the shelter regarding
this problem. I have been here before at this address regarding dog waste
before, the house in owned by Jarret Ruud. I called Ruud and explained we had a
problem again regarding dog waster in the front yard of his rental property. Ruud called the renters
of his property and gave me a name of Ryan Johnson who was responsible for the dog(Black Lab
mix) I called city hall to see if any dog was licensed to Johnson. No dog licensed to him. I
informed Ruud that Johnson will receive a ticket for harboring an unlicensed dog inside the city limits
and a ticket for excrement.
12/1/2004 Bldg Safety: Investigated refuse complaint. Digital photo taken. Called Sunshine
Sanitation,service stopped on November 19 due to non-payment since June 04.
Had been sending notices since June 04
Page 6
I
Date Warning notice Date letter sent violation cited Deadline for corrections
12/1/2004 J Rudd: Inspector investigated and confirmed exterior refuse complaint,digital photos taken. Called
refuse hauler Sunshine Sanitation refuse collection stopped on Nov 19,2004 due to non-payment.
Called property owner regarding complaint and refuse collection service stopped for rental property
and third notice for complaints
12/3/2004 Issued third Warning Notice for refuse complaint in AM. Later the same day property owner called
in the afternoon to report that the refuse collection was restored by Sunshine Sanitation
Bldg Safety: Property owner called. Refuse problem resolved
J Rudd: 3rd Violation Notice 12/3/2004 35.21 12/9/2004
Unlawful storage of certain items in the open areas. Numerous black plastic bags of
refuse stored City Boulevard and a 90 gal refuse container full of refuse
12/9/2004 Refuse container by rear porch empty
J Rudd: Re-inspection to residence all refuse and refuse container removed from City Boulevard
Bldg Safety: Sent 3rd violation notice and rental complaint board(RCB)hearing notice
Housing Registration certificate has expired; expiration date was June 30,
2004. The property was due for a 2yr routine inspection prior to the expiration.
A notice of inspection was sent to the property owner 90 days before Exp date
After sending an overdue inspection notice on 7/16/04 an inspection was scheduled and a Safety
Inspector performed a 2 yr inspection on Oct 21,2004. A correction order was written stating
corrections must be completed and re-inspected by Dec 5,2004. At this point in time a re-
inspection to verify corrections have been made has now been completed. It is the responsibility of the
rental owner to schedule inspections and complete corrections or request extentions to comply with
deadlines. A disorderly use for overcrowding was cited at this property on 8/26/03 in accordance
with Rochester Code of Ordinances,Sec 38.152
(Also note,there was a 2nd disorderly use for Loud Parties/Gathering on 9/30/03)
12/16/2004 Bldg Safety: Forward staff comments for rental board hearing
12/17/2004 Bldg Safety: RCB hearing cancelled
12/30/2004 Bldg Safety: NC items on 10-28-04 letter comp. Not complient because of outstanding correction
1/2/2005 Rochester Police: Noise Violation
1/15/2005 3rd set of tenants vacated property
Page 7
7
Date Warning notice Date letter sent violation cited Deadline for corrections
1/15/2005 4th set of tenants moved in 817 1 st St SW. Per J Ruud the new tenants are 2 females and very
responsible
1/20/2005 Bldg Safety: RCB hearing-recommended for council hearing
Page 8
P !�
CITY OF ROCHESTER BUILDING SAFETY DEPARTMENT n
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BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suite 300
Rochester, MN 55904-4744
April 15, 2002 (507)281-6133
FAX (507) 287-2240
WARNING NOTICE
Rebecca M. Zappen
5312 Duvall Place NW
Rochester, MN 55901
RE: 817-1 Street SW, Rochester, MN
It has come to our attention that there exists unlawful storage of certain items in the
open areas of the above referenced property.
• An investigation has revealed that these items are in violation of R.C.O. Sec. 35.21
(copyenclosed) that requires all open areas and parts of premises to be maintained
and kept in a•reasonably clean and neat condition.
The following items shall be removed from the open space areas:
-Two upholstered chairs, one full size upholstered couch and rolled up
rugs on front open porch
The items shall be removed no later than April 22, 2002 at 8:00 A.M.
If the items are not removed the City may, under R.C:O. Sec. 35.24, enter upon such
property and abate the public health hazard by any reasonable means, including the
contracting with a private person to do so. Any expenses incurred by the City in the
abatement shall.be the responsibility of the property owner, and if subsequently unpaid,
may be assessed.against the property as provided in Minnesota Statute 429.101.
Susan M. LeGare-Gulden, R.S.
Housing Inspector
SleQare0ci.rochester mn us x-
(507) 281-6159
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BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E., Suite 300
Rochester, MN 55904-4744
April 15, 2002 FAX(50)287-2240
WARNING NOTICE
Rebecca M. Zappen
5312 Duvall Place NW
Rochester, MN 55901
RE: 817-1 Street SW, Rochester, MN
It has come to our attention that there exists unlawful storage of certain items in the
open areas of the above referenced property.
An investigation has revealed that these items are in violation of R.C.O. Sec. 35.21
• (copy enclosed)that requires all open areas and parts of premises to be maintained
and kept in a reasonably clean and neat condition.
The following items shall be removed from the open space areas:
-Two upholstered chairs, one full size upholstered couch and rolled up
rugs on front open porch
The items shall be removed no later than April 22, 2002 at 8:00 A.M.
If the items are not removed the City may, under R-.C.O. Sec. 35.24, enter upon such
property and abate the public health hazard by any reasonable means, including the
contracting with a private person to do so. Any expenses incurred by the City in the
abatement shall be the responsibility of the property owner, and if subsequently unpaid,
may be.pssessed against the property as provided in Minnesota Statute 429.101.
" Susan M. LeGare-Gulden, R.S.
Housing Inspector
Sle�are�ci.rochester.mn.us
(507) 281-6159
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An EqualOpportunity Employer
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BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suite 300
Rochester, MN 55904-4744
April 29, 2002 (507)281-6133
FAX(507)287-2240
FINAL WARNING NOVICE
Rebecca M. Zappen
5312 Duvall Place NW
Rochester, MN 55901
RE: UNREGISTERED RENTAL PROPERTY 817-1 STREET SW
A re-inspection was made this morning (provided are digital photos) of unlawful storage
of items in the open porch of the above referenced rental property. This situation
.continues to be a violation of R.C.O. 35.21 (copy enclosed).
• The following items shall be removed from the open space areas:
Two upholstered chairs, full size upholsterat couch.
The items shall be removed no later than May 8, 2002, at 8.00 A.M.
If the items are not removed the City may, under R.C.O. Sec. 35.24, enter upon such
property and abate the public health hazard by any reasonable means, including the
contracting with a private person to do so. Any expenses incurred by the City in the
abatement shall be the responsibility of the property owner, and if subsequently unpaid,
may be assessed against the property as provided in Minnesota Statute 429.101.
Susan M. LeGare-Gulden, R.S.
Housing Inspector. J y
SlegareOci.rochester.mn.us
(507).281-6159
•
:fin E9unlOpportunity Employer
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BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suite 300
Rochester, MN 55904-4744
April 29, 2002 (507)281-6133
FAX(507) 287-2240
FINAL WARNING NOTICE
Rebecca M. Zappen
5312 Duvall Place NW
Rochester, MN 55901
RE: UNREGISTERED RENTAL PROPERTY 817-1 STREET SW
A re-inspection was made this morning (provided are digital photos) of.unlawful storage
of items in the open porch of the above referenced rental property. This situation
continues to be a violation of R.C.O. 35.21 (copy enclosed).
• The following items shall be removed from the open ace areas:
Two upholstered chairs, full size upholster couch.
The items shall be removed no later than May 8, 2002, at 8.00 A.M.
If the Items are not removed the City may, under R.C.O. Sec. 35.24, enter upon such
property and abate the public health hazard by any reasonable means, including the
contracting with a private person to do so. Any expenses incurred by the City in the
abatement shall be the responsibility of the property owner, and if subsequently unpaid,
may b assessed against the property as provided in Minnesota Statute 429.101.
Susan M. LeGare-Gulden, R.S.
Housing.Inspector ' y
Sleaare(c�ci.rochester mn us -
(507)•281-6159
pClIfSTER•y
ALL-AWRICA C[IY •��f 'f 1E SG
OCHESTER
Vol?
April 15, 2002
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E., Suite 300
Rochester, MN 55904-4744
REBECCA M ZAPPEN (507)281-6133
5312 DUVALL PL NW FAX(507)287-2240
ROCHESTER MN 55901
NEW OWNER NOTICE
RE: 817 1 STREET SW
Our office has been informed that you are the new owner of the referenced rental
property. Under RCO Section 38.12 Subd. 2, you are allowed 60 days from the date of
the transfer of title to apply for a Housing Registration Certificate in your name without
penalty.
Applications must be completed at our office, 2122 Campus Dr. SE, Rochester, MN.
• Please bring in your driver's license for I.D. purposes.
Registration fees are payable at time of application. Additional fees may be required for
rental properties not registered within the time limits permitted under the Code. Failure to
register a rental property is a violation of the Rochester Housing Code, and punishable as
a misdemeanor offense.
Please respond to this notice within the time frame outlined above.
Thanky,6u, -
Susan Legare-Gulden, R.S. -
Housing Inspector
/newowner
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�OCIIESTER•111.I
ALL-AMERICACITY `�,f•�:+:'" `E.fG
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---
April 15, 2002
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E., Suite 300
Rochester, MN 55904-4744
REBECCA M ZAPPEN (507) 281-6133
5312 DUVALL PL NW FAX (507)287-2240
ROCHESTER MN 55901
NEW OWNER NOTICE
RE: 8171 STREET SW
Our office has been informed that you are the new owner of the referenced rental
property. Under RCO Section 38.12 Subd. 2, you are allowed 60 days from the date of
the transfer of title to apply for a Housing Registration Certificate in your name without
penalty.
Applications must be completed at our office, 2122 Campus Dr. SE, Rochester, MN.
Please bring in your driver's license for I.D. purposes.
• Registration fees are payable at time of application. Additional fees may be required for
rental properties not registered within the time limits permitted under the Code. Failure to
register a rental property is a violation of the Rochester Housing Code, and punishable as
a misdemeanor offense.
Please respond to this notice within the time frame outlined above.
Thank ,bu,
usan Legare-Gulden, R.S.
Housing Inspector
Inewowner
An EqualOpporturnity Emp(,yer
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BUILDING .SAFETY DEPARTMENT = ;
• CITY .ATTORNEY REFERRAL: MUSING CODE VIOLATION .-
t Rdhta7.•Registration]* "
Referral City Attorney Case
Address/location•of violation•�� �c��• �> ""
Type of structure single family duplex multi-family
Other
Owner: Name
Last* First Middle
Date of Birth_
Corporation/partnership name �. -
Corporate officer,, if corporation
Managing partner, if partnership /y
• Address / J
Ownership investigated on by
Ownership established through Olmsted County Assessor
L/ Olmsted County' Recdrder
Other:
Renter: Name _A/V al Yt
Last First middle
Renters identify verified on �"�c -Al
through 1/RPU records
City Directory
conversation with renter
personal inspection of property
(continued on reverse side)
Property being referred for
failure to comply- with:
registration of rental property
orrection order
payment of annua•1 renewal fee and penalty fee
permission for required inspection
Other
Date of property*inspection "T 1!
Date(s) of reinspection '
Dates) of past violations
Citation issued on
Section of code or ordinance cited
CommentZZ,
i
�d
Referred by
Title Y9xt.
Copies of violation notices, correction notices, and other related
• documents are attached.
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May 20, 2002
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suite 300
Rochester, MN 55904-4744
REBECCA M ZAPPEN (507)281-6133
5312 DUVALL PL NW FAX(507)287-2240
ROCHESTER MN 55901
UNREGISTERED RENTAL
PROPERTY NOTICE
Rental Property: 817 1 STREET SW
Our office has been informed that you are the owner of this property that has not been
registered or inspected as rental property. It is necessary to apply for a Housing
Registration Certificate.. (Rochester Housing Code Section 38.02)
• Applications must be completed at our office, 2122 Campus Dr. SE, Rochester, MN.
Registration fees are payable.at time of application. Additional fees may be required for
rental properties not registered within the time limits permitted under the Code. You will
be asked to provide driver's I. D.
Failure to comply with the Rochester Housing Code is a violation. Please respond within
seven (7) days to.this notice to avoid any penalty fee.
Thank you,
Lisa Krueger
Senior Clerk Ty 'st
/unreprop
•
An Equa(Opportunity Employer ��
Legare, Susan
From: Hameister Pam [hameister.pam@CO.OLMSTED.MN.US]
Sent: Thursday,June 13, 2002 10:00 AM
o: Legare, Susan
ubject: RE:817-1 Street SW
Susan:
If the property has been sold, we have not received anything in our office
as of yet. •I have checked both our tax information screen and our tract
index. I am still showing Rebecca as the fee owner and taxpayer.
Pam Hameister
Recording & Abstracting
151 - 4th Street SE
Rochester MN 55904
507-285-8190
Fax 507-287-7186
hameister.pam@co.olmsted.mn.us
-----Original Message-----
From: Legare, Susan [mailto:SLegare@ci.rochester.mn.us]
Sent: Thursday, June '13, 2002 8:01 AM
To: Hameister Pam (E-mail)
Subject: 817-1 Street SW
Importance: High
Building & Safety is pursuing charging out the owner Rebecca Zappen with
tinting without a rental certificate for 817-1 Street SW since June 2001.
e failed to respond to our letters. I stopped by the property yesterday
and spoke with a tenant Matt Davis. He said'the property has been sold to
.and
relative but that he didn't know who that was since he just moved
in the house. Please check your property records and let me know who is
listed as property owner for 817-1 Street SW. Thanks
Susan M.LeGare-Gulden, R.S.
Housing Inspector
slegare@ci.rochester.mn.us
(507) 281-6159
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June 13, 2002
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E., Suite 300
Rochester, MN 55904-4744
(507)281-6133
Mr. Jarrett Rudd FAX(507)287-2240
12407 Oak Lodge Lane NE
Rochester, MN 55906
UNREGISTERED RENTAL
PROPERTY NOTICE
Rental Property: 817-1 Street SW,'Rochester
Our office has been informed that you are the owner of this property that has not been
registered or inspected as rental property. It is necessary to apply for a Housing
Registration Certificate. (Rochester Housing Code Section 38.02)
Applications must be completed at our office, 2122 Campus Dr. SE, Rochester, MN.
• -Registration fees are payable at time of application. Additional fees may be required for
rental properties not registered within the time limits permitted under the Code. You will
be asked to provide drivers I. D.
Failure to comply with the Rochester Housing Code is a violation. Please respond within
seven (7) days to this notice to avoid any penalty fee.
Tha you,
Susan M. LeGare-Gulderf
Housing Inspector
slegare .cisochester.mn.us
(507)281-6159`•'
•
:art EqualOpportunity'Employer
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ALL AMERICACT[Y ROCHESTER
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BUILDING SAFETY DEPARTMENT _
2122 Campus Drive S.E., Suite 300
Rochester, MN 55904-4744
(507)281-6133
July 18, 2002 FAX(507)287-2240
CORRECTION ORDERS NOTICE
Jarett S. Ruud
12407 Oak Lodge LN NE
Rochester, MN 55906
Rental Property: 817—1 St. SW
Date Inspected: July 11, 2002
Number of Units: 1
• In accordance with Section 32.09 of the Rochester Housing Code, this department made
an inspection of the dwelling units and premises referenced above.
CORRECTIONS
1) Install a smoke detector for the first floor bedroom.
2) Install a handrail for the third floor stairway.
3) The roof shingles are in need of replacement, within ninety (90) days of
receiving this letter.
•All of the above corrections must be completed within thirty(10) days of receiving this
letter, unless otherwise noted.
Failure to make the required corrections and have them reinspected or receive a
written: extension from our office, by the stated deadline, will result in this matter
being referred to'ttie City Attorney for legal action. This is the only notification you
will receive from this department.
If there are any questions regarding the corrections listed, please contact me at (507)
• 281-6139.
APPEAL PROCESS
• Any person affected by any notice of violation shall be granted a hearing before the
Housing Board of Appeals upon filing a written petition requesting such hearing and
stating the reasons for the request. Petition shall be filed within ten (10) days after the
notice is served. (Rochester Housing Code Section 33.06) Appeals forms are available
on request from the Building Safety a mevit;nproy,,
3�l
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ALL AAtExESTER•.k/,i.
UCA CMS TER �l� = •`�f SG.
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BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E., Suite 300
Rochester, MN 55904-4744
June 11, 2002 (507)281-6133
FAX(507)287-2240
WARNING NOTICE
Rebecca Zappen
5312 Duvall Place-NW
Rochester, MN 55901
RE: 817-1 Street SW
This department has received a'complaint regarding unlawful storage of certain items in
the open areas of the above referenced property.
• An investigation has revealed that these items are in violation of R.C.O. Sec. 35.21
(copy enclosed)that requires all open areas and parts of premises to be maintained
and kept in a reasonably clean and neat condition.
The following items shall be removed from the open space areas:
- Large pail of used motor oil in front yard
The items shall be removed no later than 18, 2002, at 8:00 A.M.
If the items are not removed the City may, under R.C.O. Sec. 35.24, enter upon such
property and abate the public health hazard by any reasonable means, including the
contracting with a private person to do so. Any expenses incurred by the City in the
abatement shall be the responsibility of the property owner, and if subsequently unpaid,
may be assessed again t np, property as provided in Minnesota Statute 429.101.
✓" usan M. LeGare-Gulden, R.S.
Housing Inspector C _
Slegare(cD-ci.rochester.mn us
(507) 281-6159
• 7:
G�
An'EoudOpporturtltuErnpinuer �j� ? ,.
�pCHESTfR:tit.1
ALL-AMMACrfY .01�
ROCHESTER _=
.r
Aucu's'c
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E., Suite 300
October 23, 2002 Rochester, MN 55904-4744
(507)281-6133
FAX(507)287-2240
Ms. Rebecca Zappen
5312 Duvall PI NW
Rochester MN 55901
RE: Rubbish Removal
817 15t St SW
Dear Ms. Zappen:
On June 11 t', a Warning Notice was sent to you to remove a large pail of used motor oil
from the front yard of the above referenced rental property. As it was still there on June
27th a contractor was hired to remove this pail of oil. The charge for that service was
• $88.00.
On June 13th you called Ms. Susan LeGare-Gulden, Housing Inspector, and informed
her you had sold the property to Mr. Jarett S. Rudd. Olmsted County Property Records
shows transfer of title was made on June 7, 2002. Ms. LeGare-Gulden says you also
later told her you would be responsible for paying this bill.
A billing notice was originally sent on July 15th to the owner of record, Jarett S. Ruud, for
the $88.00 fee we had paid the contractor. On August 26th Mr. Ruud called and said
this notice should be mailed to you, so we did that (copy attached). Mr. Ruud has now
received a Delinquent Notice dated September 30th for a total of$89.78, including
service charges. As he is the owner of record, these notices will continue to be sent to
him by our City Clerk's Office.
Both Mr. Ruud and our department would appreciate your prompt payment of this bill. If
you have any questions, you may contact Mr. LeGare-Gulden at 281-6159.
Sincerely,
GtL ' "41
1;
Dee Schemmel
Office Services Coordinator
• C: Jarett Ruud
Susan M. LeGare-Gulden
Eileen Schneider, City Clerk's Office
An Eaual0aaortunitu'Emolauer L
apFJ E5TER .y��.
AU-A&MUCA CM
ROCHESTER
,P
BUILDING SAFETY DEPARTMENT
October 23, 2002 2122 Campus Drive S.E., Suite 300
Rochester, MN 55904-4744
(507)281-6133
FAX(507)287-2240
Ms. Rebecca Zappen
5312 Duvall PI NW
Rochester MN 55901
RE: Rubbish Removal
81715t St SW
Dear Ms. Zappen:
On June 11th, a Warning Notice was sent to you to remove a large pail of used motor oil
from the front yard of the above referenced rental property. As it was still there on June
27th a contractor was hired to remove this pail of oil. The charge for that service was
• $88.00.
On June 13th you called Ms. Susan LeGare-Gulden, Housing Inspector, and informed
her you had sold the property to Mr. Jarett S. Rudd. Olmsted County Property Records
shows transfer of title was made on June 7, 2002. Ms. LeGare-Gulden says you also
later told her you would be responsible for paying this bill.
A billing notice was originally sent on July 15th to the owner of record, Jarett S. Ruud, for
the $88.00 fee we had paid the contractor. On-August 26th Mr. Ruud called and said
this notice should be mailed to you, so we did that (copy attached). Mr. Ruud has now
received a Delinquent Notice dated September 30th for a total of$89.78, including
service charges. As he is the owner of record, these notices will continue to be sent to
him by our City Clerk's Office.
Both Mr. Ruud and our department would appreciate your prompt payment of this bill. If
you have any questions, you may contact Mr. LeGare-Gulden at 281-6159.
Sincerely,
Dee Schemmel
Office Services Coordinator
• C: Jarett Ruud
Susan M. LeGare-Gulden
Eileen Schneider, City Clerk's Office
An Equal Opportunity'Employer
7h
*** C I T Y O F R 0 C H E S T E R ***
MINNESOTA 55904
BILLING NOTICE
•
** PROPERTY OWNER ** BILLING DATE 07/15/02
JARET RUUD � n�r� INVOICE�N\UrMB�ER 08512
817 1 T SW Wi 0.2 '�J�Z SJ���\ \ 1 1�►�U
ROCH ER
** PROPERTY DESCRIPTION ** (ADDRESS) - 817 1 ST SW
CUMMINGS OUTLOT 74.35.33 . 005172 063002
E50FT W15OFT S132FT N270FT
OUTLOT 8
A CHARGE IN THE AMOUNT OF $88 . 00 HAS BEEN LEVIED AGAINST YOUR PROPERTY
AS DESCRIBED ABOVE, ON 06/30/02, FOR THE FOLLOWING WORK: RUBBISH REMOVAL.
THIS CHARGE IS NOW DUE.
THERE
ILL PERCENT M , I E67 PERCENT E ,MINIMUMSERVICE CHARGE OF .50 PER ONTHADDECHARGE
TOiHE0UTSTANDINGBALANCEOF
CHARGES DUE OVER 30 DAYS.
FOR INFORMATION REGARDING THIS BILLING CONTACT
SU LEGARE-GULDEN, BUILDING SAFETY DEPARTMENT, (507) 281-6159.
P E BRING OR RETURN THIS NOTICE WITH YOUR REMITTANCE TO THE CITY CLERK' S
OF CE, ROOM 135, CITY HALL, 201 4 ST SE, ROCHESTER, MN ,55904 .
JUDY KAY SCHERR CMC
CITYCLERKOFTHECITYOFROCHESTER, MN.
•
r ca..c r o0o h'.01
*** C I T Y O I' R 0 C H E S T E R ***
MINNESOTA 55904
DELINQUENT NOTICE /I/
** PROPERTY OWNER ** BILLING DATE 09/30/02
JARETT S RUUD
817 1 ST SW
ROCHESTER MN 55902
** PROPERTY DESCRIPTION ** (ADDRESS) — 817 1 ST Sin'/
... C.IZNIL� ICU��
ESOF W150I"j*" 81�2 -----�—,L 35.33 . 005172„Q63002
OUTLOT 8 —
INVOICE--_DATE__r-------DESCRIPTION------------
PREVIOUS -----------------AMOUNT------_—_-
08512 06/30/02 RUBBISH REMOVAL
ERCHARGECTHISEMONTH $89. 60
---__ BALANCE DUE $89. 78
THERE WILL BE A 8 PERCENT PER ANNUM SERVICE CHARGE, . 67 PERCENT PER MONTH
JNYMUM SERVICE CHARGE OF
�RGES DUE OVER 30 DAYS. .50 PER MONTH, ADDED TO THE OUTSTANDING BALANCE OF
FOR INFORMATION REGARDING THIS BILLING CONTACT
SUSAN LEGARE—GULDEN, BUILDING SAFETY DEPARTMENT, (507) 281-6159.
PAYMENTS CAN BE MADE IN THE CITY CLERKS' OFFICE, ROOM 135, CITY HALL,
201 4 ST SE, ROCHESTER, MN 55904 .
PLEASE BRING OR RE TURN THIS NOTICE WITH YOUR REMITTANCE.
JUDY KAY SCHERR CMC
CITY CI,ERFC pF ,HE CITY OF .
ROCH. .ES•TEI2,, �NIN,
Zif
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°� ESTER ,
E A N'
ROCHE °� �T �sG
STER � �
• August 29,2003 °��o•.� '� .r:o'��
NOTICE OF DISORDERLY USE
ROGER PETERSON
Chief of Police
Rochester Police Department
101 4th St.S.E.
RUUD JAREIT S Rochester, MN 55904-3761
1�407 OAK LODGE LN NE
ROCHESTER MN 55906
RENTAL PROPERTY LOCATED AT: 8171 ST SW
Certificate#: 5739
You are hereby notified that the above referenced rental property was the site of conduct defined as a
disorderly use by Rochester Code of Ordinances Section 38.152, Subd.2. The following ordinances
and/or statutes are cited for the violations found:
Violation ffhqM�:
Tenant Name Violation Date ICR# Badge# Violation
• Chambers,Mark 08/26/2003 Z32 Overcrowding
Ladewig,Leslie 08/26/2003 732 Overcrowding
Belock,Cody 08/26/2003 232 Overcrowding
Moe,Dan 08/26/2003 Z32 Overcrowding
Chambers,Matt 08/26/2003 Z32 Overcrowding
Burkey,Dustin 08/26/2003 232 Overcrowding
A copy of the police violation report is attached for your convenience.
Please be advised that if another instance of disorderly.use at this property occurs within twelve(12)
months of this notice,you will receive a second Notice of Disorderly Use. At that time you will be
required to submit a written report of appropriate actions you have taken and intend to take to prevent
further disorderly use of the premises. If a third instance of disorderly use occurs within twelve(12)
months of the first notice,the rental registration certificate may be suspended or revoked,and a fine or
other sanctions may be imposed by the Common Council..
Yo y call our office at(507)28 0 if you any questions.
Crime Prevention.
1014th Street SE
Rochester,MN 55904
•
An F.qualOpportunity E nployer u n
• ;,t oCIiES'rER.btt�,h�`
r
AILA=ICA
ROCH' ESTER Sk,
ALJGUST.S`
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E., Suite 300
Rochester, MN 55904-4744
281-6133
August 29, 2003 FAX(507)287-22400
CORRECTION ORDERS NOTICE www.rochestermn.gov
Mr. Jarrett Ruud
12407 Oak Lodge Lane NE
Rochester, MN 55906
Rental Property: 817-1 Street SW, Rochester, MN
Date Inspected: August 26, 2003
Number of Units: Single Family dwelling
This letter is in response to citizen complaints for directed to our department. A site
inspection was made please correct with the following housing code violations:
• 1. An overcrowding situation exists for the rental property. There are six persons residing
here: Mark G. Chambers DOB 4-10-85 Leslie A Ladewig DOB 7-15-84 Cody N. Belock
DOB 7-5-84, Dan.Moe, Matt Chambers and Dustin Burkey. The maximum number of
unrelated, occupants for the single-family-dwelling is.limited to five Evict one occupant to
comply with Rochester City Ordinance 38.150 f A Disorderly Use violation will be
issued for this rental property.
t
2. Refuse collection service is not provided for the residence. Numerous bags of
household garbage are being stored in the garage leading to a potential vermin
infestation situation for the neighborhood. Refuse shall be removed from the premises
weekly and stored in tightly fitted refuse containers as per Rochester City Ordinance
34.07.
3. The wooden gate/fence is hazardous with sharp ends of nails exposed on the inside of
the gate. Bend nails to prevent potential puncture accidents as per Rochester City
Ordinance 35.19.
All of the above corrections must be completed within thirty (30) September.28, 2003
days of receiving this letter, unless otherwise noted Failure to make the required
corrections by the stated deadline— "if result in this matter being referred to the
City attorney for legal action. T is is a only notification you will receive from this
department.
LeGare-Gulden,,R-:S
Housing Inspector
sle-garea-ci.rochester.mmus
(507) 281-6159
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ROCHESTER
K: s�
O7ED UUST 5•b'
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suite 300
Rochester, MN 55904-4744
(507)281-6133
August 29, 2003 FAX(507)287-2240
CORRECTION ORDERS NOTICE www•rochestermn.gov
Mr. Jarrett Ruud
1.2407 .Oak Lodge Lane NE
Rochester, MN 55906
Rental Property: 817-1 Street SW, Rochester, MN
Date Inspected: August 26, 2003
Number.:of Units: Single Family dwelling
This 'fetfer is in .response to citizen.complaints.for directed to our department. A site
Inspection was made please;correctw'itFl°the foliowing't ousing,code violations:
• b1�a An overcrowding situation exists for the rental property There are six persons residing
there `Mark G.`Chargbers `DOB<4 105 Leslie A'Laciewig"DOB 7`15 84, Cody N. Belock
DOB 7-`5 $4z bah Moe Matt Chambers�and Dustin BurkeY: The'maximum `number`of
- tinrelated occupants fior tf esingle=family dwelling` Is limited to.five.`Evict bile>occupantao
comply with Rochester City Ordinance 38.150, f A Disorderly Use violation will be
issued for this rental property � w� Fy. I-5l ,.v x
e)-&2. Refuse collection service is not provided for the residence. 'Numerous bags of
household garbage are being stored in the garage leading to a potential vermin
infestation situation for the neighborhood. Refuse shall be removed from the premises
weekly and stored in tightly fitted"refuse contalingrss as per
Rochester City Ordinance
(3)(,3. The wooden gate/fence is hazardous with sharp ends of nails exposed on the inside of
the gate. Bend nails to prevent potential puncture accidents as per Rochester ,City
Ordinance 35.19.
All of the above corrections'must be completed within thirty (30) September 28, 2003
days of receiving this letter, unless otherwise noted. Failure to make the required
corrections by the stated deadlin 'Il result in this matter being .referred to the
City Attorney for legal action. T s is a only notification you will receive from this
depjirtment
tgsan'M. LeGare-Gulden,,R-S.
Housing Inspector
slegare(fti.rochester.mmus
• (507) 281-6159
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September 30 2003 "o'•` �:;b
NOTICE OF Intl INSTANCE OF DISORDERLY USE
ROGER PETERSON
Chief of Porice
Rochester Police Department
RUUD JARM S 1014th St.S.E.
12407 OAK LODGE IN NE Rochester, MN 55904-3761
ROCHESTER MN 55906
RENTAL PROPERTY LOCATED AT:. 8171 ST SW
Certificate#: 5739
You are hereby notified.that the above referenced rental property was again found to be the site of
conduct defined as disoderly use•by Rochester Code of Ordinances Section 38.152, Subd.2. The
following ordinances and/or statutes are cited for the violations found
7Tenae Violation Date ICR# Badge# Violation
• Mark 08/26/2003 732. Overcrowding
Ladewig; slie 08/26/2003 232 Overcrowding
y - 08/26/2003 232Overcrowding
08/26/2003 Z32Overcrowding
om 08/26/2UO3 z32OvercraR,ding
tin 08/26/2003 z32 Overcrowding
atthew Gene 09/27/2003 03072165 2326 Loud Parties/Gathering
A copy of the police violation report is attached for your convenience.
The ordinance requires that you submit a written report to the Rochester Police Department b
10/08/2003 � Y
detailing the actions you have taken in response to the prior Notice(s)of Disorderly Use of
the premises,as well as those actions you intend to take to prevent further instances of disorderly use
from occurring at this property.
Please be advised that if you fail to submit the report as required,or if a third instance of disorderly use
occurs within twelve(12)months of the first violation,the license may be suspended or revoked,and a
:fine or other sanctions may be imposed by the Common Council..
You may call our office at(507)285-8500 if you have any questions.
Crime Prevention
1014th Street SE
. Rochester.MN 55904
jqn "arOPP°rtunity E"ptoy-
DISORDERLY USE- VIOLATION 1
Rochester Police Department
To be filled out and attached to.nwcrts filed in conjunction wit Su7dlna and Safety..violations: Gtv Ordinance 38.152.
11-CR O INCIDENT DATE: T-27-03
INCIDENT-TYPE: Noi.�¢
I1NCIDENTIAPARTMENTADDRESS: ff{ •7 . Stv s f
ILANDLORD(PROPER�Y MMAGER NAV E:
ADDRESS: 3arc s kw yo S �4 PHONE: 36 - 6 .
o� f� rn�✓' Ss
COMPLAINANT NAME- Ste Aan:e.
LNTERS'NAME:
T#: ��ia�be� Aa44-Aew Gelb DOB:
SUSPECTS NAME:. S� t� D08: J
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INARRATIVE-
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7
. � .ROCh£STER.A1l�
ROCHESTER
�GZ��daLFCL
AU US
July 16, 2004 BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E., Suite 300
Rochester, MN 55904-4744
(507)281-6133
Owner FAX(507)287-2240
Jarett Rud _ www rochestermn.gov
12407 Oak Lodge Ln NE
Rochester, MN 55906
OVER DUE
ROUTINE INSPECTION NOTICE
RE: Over Due Routine Inspection at 8171 ST SW
Certificate Number. 5739
• Last Inspection: September, 2002
The above-referenced rental property is past due for a routine inspection.
It is necessary that the owner or a representative be present at the inspection time and
have all the keys necessary to allow the housing inspector access to all areas within the
building. (Rochester Housing Code Section 32.09)Please call 281-6133 by August 1,
2004 and make an inspection appointment which will be convenient for both parties. Call
between 8:00 am and 9:00 am if possible.
The rental certificate has expired. If this dwelling continues to be rented, it is in violation
of the Rochester Housing Code Section '38.01 and 38.11 which is a misdemeanor
punishable by up to a $1000'fine, 90 days in jail or both. This property will be referred to
the city attorney for legal action if it is not brought into compliance.
If you no longer own this property you must notify the Building Safety Department.
Than you,
V"
Gary * utton '
Manager of Housing Inspection Services
281-6255
gdutton@ci.rochester.mn.us
/rinspnot
.p•RpCHESTE$.Ar�N �
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. ROCHESTER
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��Ga7�?iPi✓GtGGIi �rEII.AUGVSr.$
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suite 300
Rochester,MN 55904-4744
(507)28.1-6133
FAX(507)287-2240
,June 25, 2004 www.rochestermn.gov
..CORRECTION ORDERS NOTICE
Mr. Jarrett Ruud
12407'Oak Lodge Lane NE
-Rochester, MN'S5906
Rental Property: 817-1 Street SW
Date Inspected: June 26, 2004(exterior only)
This letter is n:follow 6� •to.a re o of deficiencies for tf e: h'p p r# a ove.referenced rental
property. Please comply v lth the,followin"g:
Wood°HM"for Wrd story west,two Windows'ls'rotten. Replace rotten wood
and paint window trim. Paint on the rear porch wood trim is peeling. Scrape
peeling paint, prime bare wood and paint as per Rochester City Ordinance
35.02
All of the above corrections must be completed within thirty(30) days by July 25,
2004.
Failure to make the required corrections and have them reinspected or receive a
written extension from our office, by the stated deadline, will result in this matter
being referred to the City Attorney for legal action. This is the only notification you
will receive from this department If there are any questions regarding the corrections
liste ' please contact me at 281-61.59.
.�
usan M. LeGare-Guldet
Housing Inspector
• slegare(a)-cisochester.mn.us
(507) 281-6159
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ROCHESTER '
We* . -• RATCD.a LGU S•r•a
—_ 9-2.�Zedal�z
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suite 300
Rochester,MN 55904-4744
(507)281-6133
FAX(507)287-2240
WARNING NOTICE
September 14, 2004
..,4arrett.Ruud
12407 Oak Lodge.Lane.NE
Rochester,`MN 55906.,.
RE: 8171Street SW, Rochester,,MN .
It has come to our aitention that there is unlawful storage of certain items in the open
areas;of the i boye°referenced'property
An''mvestlgatian has revealed;that these items are in violation of Section 35.21 of
:.
Rochester Code of Orc�i noes ,copy.enclosed).which requires all open areas and parts
of premises to be mamtalned ana kept In a reasonably clean acid neat condition.
The following items are ordered remo"ved from the open space areas:
R tank inoperable'gas grill,:trash;empty beer cans, and fall other
miscellaneous junk on the porch of the above referenced rental property.
The items shall be removed no later than September22, 2004 at 8.00 A.M.
If the items are not removed the City may, under Section 35.24 of Rochester Code or
Ordinances, enter upon such property and,abate the,public health hazard by any
reasonable means; including the contracting with a private firm to do so. Any expenses
incurred by the City in the abatement shall be the responsibility of the property owner,
and will be assessed against the property as provided in Minnesota Statute 429.101. In
addition to above charges, an administration fee of$90.00 will be charged for all
contract work arranged by the Building Safety Department per Section 38.13
Subd. of the Rochester Code o dinances.
usan M. LeGare-Gulden R.
Housing Inspector .. �--�
• Slegare(a)-ci.rochester.mn.us
(507) 281-6159
Waming Notice 2004
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7
ROCHESTER
_ - r
�j� rO��OR•1TFD.AVpy52 a�• .
. �GZG2lZ�.?PL`GZ
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suite 300
Rochester,MN 559044744
(507)281-6133
FAX(507)287-2240
October 28, 2004 CORRECTION ORDERS NOTICE
Jarrett Rudd
12407 NE Oak Lodge Lane
Rochester, MN 55906
Rental Property: 817 SW 1st St.
Date Inspected: October 21, 2004
Number of Units: 1
In accordance with Section 32.09 of the Rochester Housing Code, this department
made an inspection of the dwelling units and premises referenced above.
• CORRECTIONS
1) The storm door for the front entrance is missing the windows and the screen.
Provide and install intact windows.or screens, as per R.C.O. 35.04. (This storm door is .
not required, it can be removed. However, if installed it must be kept,in a good state of
repair.)
2) The required smoke detectors in this unit on.both the first and second floor are
inoperable or missing; repair and/or replace the smoke detectors within forty-eight
(48) hours of receiving this letter, as per 2003 Minnesota State Fire Code, Section
907.2.10.2.
3) The stairs providing access to the back porch are relatively new. The treads are
inadequately sized and the risers have an opening that exceeds the maximum 4"space.
Code requires that the.treads be at least 9" wide, rise cannot exceed 8", and maximum
spacing must not exceed 47. The porch is structurally solid but'is going to require repair
before the next routine inspection. As a temporary measure, if you install risers
between the treads to meet the maximum spacing requirement, further repairs can be
completed when the deck is rebuilt. (Please see included stair and landing handout.)
All of the above corrections must be completed within thirty (30) days of receiving
this letter but no later than December 5, 2004, unless otherwise noted,
• Failure to make the required corrections and have them reinspected or receive a
written extension from our office, by the stated deadline, will result in this matter
being referred to the City Attorney for legal action. This is the only notification
you will.receive from this.department..
If there are any questions regarding the corrections listed, please contact me at 281-
6140.
• APPEA
L PROCESS
Any person affected by any notice of violation shall be granted a hearing before the
Housing Board of-Appeals upon filing a written petition requesting such hearing and
stating the reasons for the request. Petition shall be filed within ten (10) days after the
notice is served. (Rochester Housing Code Section 33.06) Appeals forms are available
on request from the Building Safety Department.
SALE OF PROPERTY
If this property is sold before the required corrections are completed, it is the present
owner's responsibility to furnish the new owner with a copy of the required corrections.
It shall also be the present owner's responsibility to make whatever arrangements are
necessary to have the listed corrections completed within the allotted time.
Please call 281-6133 or 281-6140 for a re-inspection appointment.
f
Steven Ni dfeldt
Building Safety Inspector
(507)281-6140
• sniedfeldt anci.rochester mn us
Enclosures: Stair and Landing handout
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hod
AU-AMMCA CIIY p4.
ROCHESTER .
`�G�Nei✓�GGri OR�rED.AUGUSt'�'-�'
October 15,2004
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E., Suite 300
Mr.Jarrett Ruud Rochester, MN 55904-4744
12407 Oak Lodge Lane NE '(507)281-6133
Rochester,MN 55906 FAX(507)287-2240
www.rochestermn.gov
RE: Second violation notice at: 817-1 Street SW,Rochester,MN
This letter is to notify you this department has responded to a complaint at 817-1 Street SW and
a second violation notice has been written for the above referenced licensed premises within a
twelve(12)month period.. Following a third or subsequent violation notice for a property
within a twelve(12)month period,the Building Official may request a hearing before the Rental
Complaint Board to-investigate the cause of repeated violations at this licensed rental property.
As defined in Rochester Code of Ordinances Section 38.125 the Rental Complaint Board will
consist of the Common Council member representing the ward where the violations have
occurred,the Common Council President,and the Mayor.At the conclusion of this hearing,the
Board will make a recommendation to the Common Council whether there is a need for a
• hearing before the fall Council to consider revocation or suspension of the rental certificate or
the imposition of a fine or other sanction. The council may impose the following sanctions:
A. Suspend the registration'certificate, or the right to obtain a certificate, for a
period of time not to exceed 180 days.
B. Revoke the rental registration certificate,or the right to obtain a certificate.
C. Impose a civil fine not to exceed$1,000 for each violation that occurred.
D. Place the certificate holder or applicant on probation for a time period not to
exceed one year.
This notification is to allow you to take actions to prevent further violations from occurring. If a
third or subsequent violation is cited within a twelve (12) month period the above process
could lead to a revocation or'suspension of the rental certificate and/or a fine. If a revocation or
suspension is imposed, a re-instatement fee of a $100 for the first unit and $20 for each
additional unit to be re-licensed and re-inspected must be paid
NOTE: Correcting violations in. the allotted timeframe* will not alleviate the
owner/manager from possible sanctions of Section 38.125 of the Rochester Code of
Ordinances. The intent of this ordinance is to reduce repeated housing code violations at
theAsameropertyGar
Manager of Housing Inspection Services
(507)281-6255
gdutton@cixochester.mn.us L
An!'yud oppommity Employer JI
_�. pEHESTER•.tf
` LrL-Al�A1G CRY L'C' �`-.-✓ fpa
ROCHES TER
BUILDING SAFETY DEPARTMENT
.2122 Campus Drive S.E.,Suite 300
Rochester,MN 55904-4744
(507)281-6133
FAX(507)287-2240
REFUSE CONTAINER NOTICE
October 18, 2004 -
Mr. Jarrett Ruud .
12407 Oak Lodge Lane NE
Rochester,MN 65906
RE: '•: :817-1 Street Sw,Rochester, MN
This letter is to inform
.you that the location of your refuse container left on the city
boulevard does not comply with Section 34:07 of`Rdchester Code of Ordinances. Copy
of ..gital,photo provided. Refuse collection is scheduled for Thursday and the 90 gallon
refuse:container must be removed at the end of;this day.
AII::refuse containers shall be kept as near the rear of,the premises as' 'racticable (at the
• alley fahere�s,one). Such.contairiers shall be placed at curbside only•ori the day of
pick up. ..
;Please.coiTiply with the followirig:
1. Relocate refuse container(s) to an approved location within seven (7) days.
2. Inform all your tenants of this notice and code requirement.
Failure to correct this problem will result in the matter being referred to the City
Attorney's Office for legal action.
Susan M. LeGare-Gulden, R.S.
Housing Inspector
Slegarea-ci.rochester.mn us
(507) 281-6159 -
Refuse Container Notice 2004
•
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401 SE.PIeasant St.Browns
50 dale AM. 55918
Phone;
( 7)567 2318 _
Cell: (507)438 2074
OCT •J t'f
5
Work Preformed ; CI
RE: 817- 1 It Street Sw ng property for City of Rochester UN.
Clem Rochester MW
• 3-men g property of debris
and equipment and dump truck
0 Disposal fee at Waste Evergy Site $ 100.00
$25.00
All work was done under the suPervision of City of Rochester Housing Inspector
Susan M.Legare-Gulden(507-281-6159)
TOTAL COST
$125.00
Thank You!Mark Godbout % r Fee-,,
t
i
�D
*** C I T Y O F R 0 C H E S T E R ***
MINNESOTA 55904
BILLING NOTICE
•
** PROPERTY OWNER ** BILLING DATE 11/01/04
INVOICE NUMBER 09144
JARETT- S RUUD
817 1 ST SW
ROCHESTER MN 55902
** PROPERTY DESCRIPTION ** (ADDRESS) - 817 1 ST SW
CUMMINGS OUTLOT 74 .35 .33 .005172 093004
E50FT W15OFT S132FT N270FT
OUTLOT 8 '
A CHARGE IN THE AMOUNT OF $125. 00 HAS BEEN LEVIED AGAINST YOUR PROPERTY
AS DESCRIBED ABOVE, ON 09/30/04, FOR THE FOLLOWING WORK: RUBBISH REMOVAL.
THIS CHARGE IS NOW DUE.
THERE WILL BE A 8 PERCENT PER ANNUM SERVICE CHARGE 67 PERCENT PER MONTH,
MINIMUM SERVICE CHARGE OF .50 PER MONTH, ADDED TO THE OUTSTANDING BALANCE OF '
CHARGES DUE OVER 30 DAYS.
FOR INFORMATION REGARDING THIS BILLING CONTACT
SUSAN LEGARE-GULDEN, BUILDING SAFETY DEPARTMENT, (507)281-6159.
PEASE BRING OR RETURN THIS NOTICE WITH YOUR REMITTANCE TO* THE CITY CLERK'S
.ICE, ROOM 135, CITY HALL, . 201 4 ST SE, ROCHESTER, MN 55904 .
JUDY KAY SCHERR CMC
CITY CLERK OF THE CITY OF ROCHESTER, MN.
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regarding second complaint. Warning notice issued compliance for violation
scheduled on 8 AM October 25, 2004.
• October 21, 2004 Inspector performed a two-year routine inspection and sent a
correction letter with a deadline of December 5, 2004
October 25, 2004 Re-inspection, refuse container removed from City Boulevard.
December 1, 2004 Inspector investigated and confirmed exterior refuse complaint,
digital photos taken. Called refuse hauler Sunshine Sanitation refuse collection
stopped due to non-payment since November 19, 2004. Called• property owner
regarding complaint and refuse collection service stopped for rental property and third
notice for complaints.
December 3, 2004. Issued third Warning Notice for refuse complaint in AM. Later the
same day-property owner called in the afternoon to report that refuse collection.was '
restored by Sunshine Sanitation.
December 9, 2004 Re-inspection to residence all refuse and refuse container
removed from City Boulevard,
The housing registration certificate has expired; the expiration date was June 30, 2004. The
property was due for a two-year,routine inspection` prior to the expiration. A notice of
inspection was sent-to the property%owner 90'days before the expiration date. After sending
an over due inspection notice on July 16, 2004 (see attached) an inspection was scheduled,
and a Safety Inspector performed,a 2-year inspection on October 21, 2004. A correction
• order was written stating corrections,must be completed and re-inspected by December 5,
2004. At this point in time a re-inspection to verify corrections have been made has not_been
completed. .It is the responsibility of the rental owner to schedule inspections and complete
corrections or request extensions to comply with deadlines.
A disorderly use for overcrowding was cited at this rental property on August 29, 2004 in
accordance with Rochester Code of Ordinances, Section 38.152
•Page 2
6 �
s
Rochester Code of Ordinances Section 38.125 " Suspension or Revocation of
Registration Certificate"
The Housing Division of the Building Safety Department has the duty to
investigate housing code complaints to determine if housing code violations exist.
In certain cases, inspectors respond to complaints at the same rental properties on a
repeated basis. The repeated offenses become a frustration and blight to
neighboring property owners. It is a burden on the housing division staff and
inefficient use of staff time responding to housing code complaints to the same
rental property.
In an effort to place more responsibility on the owners of problem rental properties
to be proactive rather than reactive to violation notices issued by the Housing
Division staff, the Rochester Code of Ordinances, Section 38.125 "Suspension or
Revocation of Registration Certificate" addresses this occurrence. This section of
the ordinance uses a similar process for repeat violation offenders as is used in the
Rochester Code of Ordinances Chapter 38, Section 152 " Conduct on Licensed
• Premises" also known as the'"Disorderly Use" ordinance. After staff determines a
pattern of repeat violation notices are.being issued to a particular property, the .
rental owner is notified in a letter any additional violations in the 12 month time.
period could result in the rental property owner going before the Rental Housing
Complaint Board. The Rental Complaint Board is made up of the Mayor, Council
President, and Council member whose ward was affected by the repeated
violations. The Building Official has the discretion to request a hearing by the
board. The Building Official can exercise flexibility in convening the board,
taking into account the number of units in the complex and any other relevant
factors relating to the violations at the property.
The public hearing investigates the violations and what actions have been taken to
alleviate-the repeat violation problem. The Rental Complaint Board hears all
involved parties to determine if a need exists for a full hearing by the council. As
a result'of-the full hearing, the council can impose sanctions similar to those
invoked for,.ihe "Disorderly Use" ordinance which can include suspending or
revoking certificate, imposing a civil fine and'imposing other reasonable conditions
that would encourage rental owners to take more responsibility in managing their
properties and limit repeat housing code violations.
•
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AU-AUMCA CLIR v�.Of• ��s�:
Rl (pCHESTER r�
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July 16, 2004 BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E., Suite 300
Rochester, MN 55904-4744
(507)28176133
Owner FAX(507)287-2240
Jareft Rud •
www.rochestermn.gov
12407 Oak Lodge Ln NE'
Rochester, MN 55906
OVER DUE
ROUTINE INSPECTION NOTICE
RE: Over Due Routine InspeGfion at 8171 ST SW
Certificate Number. 5739
Last Inspection: September, 20 02 .
• The above referenced rental P rpperty is past due for a routine inspection.
It is necessary that•the owner Qr a representative be present at the inspection time and
have all the keys necessary to allow the housing inspector access to all areas within the
building. (Rochester F-lousin .Code Section 32.09)Please-call 281-6133 by August 1,
2004 and make an inspection a polntment which will be convenient for both parties. Call
between 8:00 am and 9:00 am i possible.
The rental certificate has expi fed. If this dwelling continues to be rented, it is in violation
of the Rochester. Housing Coe Section 38.0,1 and 38.11 which is a misdemeanor
punishable by up to a $- fin 90 days in jail or both. This property will*be referred to
the city attorney for legal action i It is not brought into compliance.
If you no longer own'this* ,.may you.must notify the Building Safety'Department.
p-rope
Than you,'
Garybutton `
Wanager of Housing Inspection S0 services
I-6255
gdutton@ci.rochester.mn,us
Mnspnot
At S9-fOPPoh—W Z7�P(Cy- /
1W
ROCHESTER. 6"`
• ..�!GG'�Z.?.BD�tCL Tto.a,cusr•`--..
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suite 300
Rochester,MN 559044744
(507)281-6133
FAX(507)287-2240
WARNING NOTICE
September 14, 2004
Jarrett Ruud
12407 Oak Lodge Lane NE
Rochester, MN 55906
RE: 817-1 Street SW, Rochester, MN
It has come to our attention that there is unlawful storage of certain items in the open
areas of the above referenced property.
An investigation has revealed that these items are in violation of Section 35.21 of
Rochester Code of Ordinances (copy enclosed)which requires all open areas and parts
• of premises to be maintained and kept in a reasonably clean and neat condition.
The following items are ordered removed from the open space areas:
-LP tank inoperable gas grill,trash, empty beer cans, and all other.
miscellaneous junk on the porch of the above referenced rental property.
The items shall be removed no later than September 22, 2004 at 8.00 A.M.
If the items are not removed the City may, under Section 35.24 of Rochester Code or
Ordinances, enter upon such property and abate the public health hazard by any
reasonable means, including the contracting with a private firm to do so. Any expenses
incurred by the City in the abatement shall be the responsibility of the property owner,
and will be assessed against the property as provided in Minnesota.Statute 429.101. •In
addition to above charges, an administration fee of$90.00.will be charged for all
contract•wofk arranged by the Building Safety Department per Section 38.13
Subd. • of the Rodhester Code o dinances.
3
1 usan M. LeGare-Gulden, R. 2
Housing Inspector
Sle4are(@,ci.rochester.mn.us cow
• (507) 281-615.9
Waming Notice 2004
47
.0.�CN£STE,t•,lll
ROCHESTER
s: :
o��ORAT D AIGIIST•5 `C
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suite 300
Rochester,MN 55904-4744
(507)281-6133
FAX(507)287-2240
October 18, 2004 REFUSE CONTAINER NOTICE
Mr. Jarrett Ruud
.12407 Dak Lodge Lane NE
Rochester, MN 55906
RE: 817-1 Street SW, Rochester, MN
This letter is to inform you that the location of your refuse container left on the city
boulevard does not comply with Section 34.07 of Rochester Code of Ordinances. Copy
of digital photo provided. Refuse collection is scheduled for Thursday and the 90 gallon
refuse container must be removed at the end of this day.
• All refuse containers shall be kept as near the rear of the premises as practicable (at the
alley if there is one). Such containers shall be placed at curbside only on the day of
pick up.
Please comply with the following:
1. Relocate refuse container(s) to an approved location within seven (7) days.
2. Inform all your tenants of this notice and code requirement.
' Failure to correct this problem will result in the matter being referred to the City
Attorney's Office for legal action.
Susan M. LeGare-Gulden, R.S.
Housing Inspector
Slegare(a.ci.rochester mn us
(507) 281=6159
Refuse Container Notice 2004
rrluearri aI7 C�y D•••.` ����SDa
ROCH S- TER --
' °Rria:Aucu'si-5'-
BUILDING SAFETY DEPARTMENT
2122 Campus Drive S.E.,Suife 300
Rochester,MN 55904-4744
(507)281-6133
FAX(507)287-2240
WARNING NOTICE
December.3, 2004
• Mr. Jarrett Ruud
,12407 Oak Lodge Lane NE
Rochester, MN 55906
RE: .-•3rd Warning Notice for rental at'817-1 Street SW, Rochester, MN
It has come'to our attention that there is unlawful storage of certain items in.the open
areas of the above referenced property. As discussed this notice is in follow up with our
telephone conversation on December 1, 2004.
An investigation has revealed that these items are in violation of Section 35.21 of
• Rochester Code of Ordinances (copy enclosed) which requires all open areas and parts
of premises to be maintained and kept in a reasonably clean and neat condition.
The following items are ordered removed from the open space areas:
-Numerous black plastic bags of refuse stored on City Boulevard and a 90 - ,
gallon refuse container-full of refuse.
The items shall be removed immediately no later than December9, 2004 at 5:00 A.M.
�If the items are not removed the City may, under Section 35.24 of Rochester Code or
Ordinances,enter upon such property and abate the public health hazard by any
reasonable means, including the contracting with a'private firm to do so. Any expenses
incurred by the City in the abatement shall be the responsibility of the property owner,
and will be assessed against the property as provided in Minnesota Statute 429.101.• In
addition Zo aborie charges, an administration fee of$90.00 will be charged for all
contract.work arranged by the Building Safety Department per Section 38.13 ,
Sub 5"of the Rochester Code of Ordinances.
Susan M. LeGare-Gulden, S.
• Housing Inspector
Sleaare(@ci.rochester.mn.us
(507) 281-6159
�g
yOCHCSTEB:-Nl:-titl
�lS.+lb¢RIC'.t CSIZ ROCHES
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..............
-AUG
BUILDING SAFETY DEPARTMENT
'2122 Campus Drive S.E.,Suite 300
Rochester,MN 55904-4744
(507)281-6133
FAX(507)287 2240
October 28, 2004 CORRECTION ORDERS NOTICE
Jarrett Rudd .
12407 NE Oak Lodge Lane
Rochester, MN 55906
Rental Property: 817 SW 1st St-
Date Inspected: October 21, 2004
Number of Units: 1
In accordance with Section 32.09 of the Rochester Housing Code, this department
made an inspection of the dwelling units and premises referenced above.
CORRECTIONS
• 1) The storm door for the front entrance is missing the windows and the screen.
Provide and install intact windows or screens, as per R.C.O. 35.04., (This storm door is
not required, it can be removed. However, if installed it must be kept,in a good state of
repair.)
2) The required smoke detectors in this unit on both the first and second floor are
inoperable or missing; repair and/or replace the smoke detectors within forty-eight
(48) hours of receiving this letter, as per 2003 Minnesota State Fire Code, Section
907.2.10.2.
3) The stairs providing access to the back porch are relatively new. The treads are
-inadequately sized and the risers have an opening that exceeds the maximum 4"space.
Code'requires that the treads be at least 9" wide,-rise cannot exceed 8"; and maximum
spacing must not exceed 4". The porch is structurally solid but is going to require repair
before the next, routine inspection. As a temporary measure, if you install risers
between the treads,to meet the maximum spacing requirement, further repairs can be
completed when the deck is rebuilt. (Please see included stair and landing handout.)
All of the above corrections must be completed within thirty (30) days of receiving
this letter but no later than Decembers, 2004, unless otherwise noted.
Failure to make the required corrections and have them reinspected or receive a
• written extension from our office, by the stated deadline, will result in this matter
being referred to the City Attorney for legal action. This is the on
ly notification
you will.receive from this.department .
`7 i7