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HomeMy WebLinkAbout03.18.2002• • APPEAL HEARING March 18, 2002 4:15 p.m. Council Chambers Members present: Mayor Rooff, Berry, Welper, Jordan, Hurley, Getty. Members absent: Greenwood, Clark. Moved by Jordan, seconded by Hurley that the Agenda, as proposed, be approved. Ayes: Five. Absent: Greenwood, Clark. Motion carried. Mayor Rooff stated now was the time for public hearing on the appeal by Neal Seemann of the Notice of Violation of Sections 4-4-6 A(4), Junk, and 4-4-7, Junk Motor Vehicles, of the Waterloo Code of Ordinances for property located at 2850 and 2370-2374 Independence Avenue. Assistant City Attorney Sang-Ki Han stated Neal Seemann was issued notice of violation for a junk property, and Mr. Seemann requested an appeal hearing before the council. Mr. Han asked the council not to allow Mr. Seemann any more time to clean up his property as he already has had plenty of time. Larry Stumme, representing Neal Seemann, stated that Mr. Seemann's position is that the ordinance as written and applied is a violation of Mr. Seemann's rights. Mr. Stumme stated that the search warrant issued by the Magistrate on February 15, 2002 does not spell out particulars nor does it say what the violation is. Mr: Stumme stated that the search warrant was not issued until after the search was started. Mr. Stumme waited to be served, the Police Department drove by his property, but the search warrant was never served to him. Mr. Stumme left to do some chores, when he returned the property was being searched and Mr. Stumme was served at that time. Mr. Stumme stated the notice of violation states there are 32 vehicles on the property, in inoperable or unlicensed condition. Mr. Stumme stated that is not true, there are not 32 vehicles, and not all of the vehicles are Mr. Stumme's. Mr. Han stated that Mr. Seemann is asking the council to reverse itself, and if Mr. Seemann doesn't like what happens here today, he can appeal the council's decision to the Court. Councilperson Hurley stated he read and has a general understanding of the ordinance. Councilperson Hurley reported that he drove by the properties on Saturday, and there is definitely a violation of the ordinance. Mayor Rooff administered the oath to Paul Hansen, Code Enforcement Officer. Mr. Hansen reported that his office received a telephone complaint that several unlicensed and inoperable vehicles were stored and other junk setting around the property located at 2370 Independence Avenue. Mr. Hansen stated he viewed the property from the street and observed a vehicle and several rusted metal items stored in front of the garage and along the side of the building. While observing the property, Neal Seemann came onto the property and demanded that he leave and not return without a search warrant. Mr. Hansen reported he went to 2850 Independence Avenue to meet with Mr. Seemann and while there he observed several vehicles that appeared to be inoperable and others that appeared to be unlicensed and other miscellaneous items of junk. An application for a search warrant was made and granted on February 15, 2002 for the search of properties located at 2370-2374 and 2850 Independence Avenue to obtain vehicle identification numbers, take photographs of the properties and other items of junk. Mr. Seemann was informed that a search warrant would be served on February 15, 2002. Notice of violation was issued to Mr. Seemann for violations at the properties and a time frame of ten days was given to bring the property into compliance and abate the violations or file a request for a hearing with the council. Councilperson Berry noted that these properties are located in Ward 4, and she has not received any calls regarding the properties. Councilperson Berry stated she drove by the properties, and she can see this is something that didn't accumulate over night. Appeal Hearing March 18, 2002 Page 2 Councilperson Jordan asked if Mr. Seemann has made any effort to clean up the property. Mr. Hansen responded that he drove by the properties, and it looks items have been put in order. Councilperson Jordan stated he drove by the properties, and he also feels some effort has been made to clean up the properties. Councilperson Berry stated there have been other complaints where the city has taken time to work with individuals with these types of things. Mr. Han stated that this has been going on since October 2001. This is the first search warrant he has had to get in the 12 years he has been Assistant City Attorney. Mr. Han stated that Mr. Seemann has thrown up legal road blocks all the way. Moved by Getty, seconded by Jordan that oral comments be received and placed and file and that the hearing be closed. Ayes: Five. Absent: Greenwood, Clark. Motion carried. Moved by Jordan, seconded by Berry to affirm the Notice of Violation for 2850 and 2370-2374 Independence Avenue. Ayes: Five. Absent: Greenwood, Clark. Motion carried. With no further business before the council, it was moved by Jordan, seconded by Berry that the meeting be adjourned at 4:30 p.m. Ayes: Five. Absent: Greenwood, Clark. Motion carried. Nancy Eckert City Clerk • •