HomeMy WebLinkAbout07.10.2000APPEAL HEARING
July 10, 2000
3:00 p.m.
Council Chambers
Members present: Anders, Krizek, Gronen, Getty, Berry.
Members absent: Jordan, Murphy.
Moved by Krizek, seconded by Gronen that the Agenda, as proposed, be approved. Ayes: Five.
Absent: Jordan, Murphy. Motion carried.
Councilperson Getty stated this was the time for a hearing on the request of Troy Seemann to
appeal a Notice of Violation of Section 231/2-7(d), Junk, and Section 231/2-7.1, Junk Motor
Vehicles, of the Waterloo Code of Ordinance, for property located at 2370 Independence
Avenue.
Chris Wendland, attorney for the City, stated that this is an administrative hearing under Chapter
231/2 of the Waterloo Code of Ordinance. The purpose of the code is to allow remedy of nuisance
of improper storage of junk, refuse, and junk motor vehicles. The Code Enforcement Officer
wrote the Notice of Violation to Troy Seemann on June 8, 2000 for property located at 2370
Independence Avenue. Mr. Wendland reported that the following two things need to be present
for a vehicle to be considered junk and allow Notice of Violation: 1) An unlicensed motor
vehicle, and 2) Vehicle lacks an engine. If both elements are satisfied, than the city has shown just
cause for the Notice of Violation. The Waterloo Code of Ordinance states the council has 30
days to give written notice of its decision. Mr. Wendland reported that the Notice of Violation to
Mr. Seemann was written on June 8, 2000 giving Mr. Seemann ten days to correct the problem.
The Code Enforcement Officer went back to the property today, and the vehicle was still sitting
outside on the property.
Virgil Carson, Code Enforcement Officer, stated that he re -inspected 2370 Independence Avenue
today, and there were no license plates on the front or rear of the Jeep vehicle, and the Jeep has
no engine. The Jeep is sitting south of the house and garage underneath a tree.
Mr. Wendland presented written documentation from the Black Hawk County Treasurer and
Assessor's office that Troy Seemann is the contract buyer of 2370 Independence Avenue. Mr.
Wendland stated that the city has proven that an unlicensed, inoperable vehicle is stored outside,
and that Mr. Seemann has violated the junk ordinance.
Lawrence Stumme, Jr., representing Troy Seemann, asked several questions of Mr. Carson.
Mr. Carson stated that he visited 2370 Independence Avenue on June 8, 2000 and verified there
were no license plates nor motor in the Jeep vehicle. Mr. Carson stated that he went to 2370
Independence on a complaint of a four block area from Bishop Avenue east to Independence
Avenue. Mr. Carson noted that the Jeep has been parked there awhile as the grass around the
Jeep is longer than the rest of the yard.
Mr. Carson submitted a photograph taken today of the Jeep vehicle.
Mr. Stumme requested a copy of the Code that authorizes Mr. Carson to go on the property.
Councilperson Berry stated that a few weeks ago she met with residents in this area who voiced
concerns regarding the junk in this area.
Councilperson Getty asked why Mr. Seemann won't move the vehicle.
Mr. Stumme stated that the vehicle is not visible from the streets, this is private property, not rat
infested, and not hurting anything. Mr. Stumme reported that Mr. Seemann is in the process of
repairing the vehicle.
Appeal Hearing
July 10, 2000
Page 2
Councilperson Berry asked if Mr. Seemann wants more than ten days to comply with the Notice
of Violation.
Mr. Stumme stated that Mr. Seemann is asking that this be found not to be a nuisance. Mr.
Stumme commented that the council could find it as a nuisance and order abatement and give Mr.
Seemann enough time to move the vehicle and not issue a citation. Mr. Stumme stated that Mr.
Seemann is going to put an engine in the vehicle and either use it for his private use or sell it.
Councilperson Krizek asked if Mr. Seemann has a timeline.
Mr. Stumme stated that Mr. Seemann views this as his private property, that it is not exposed to
public view, and he should be allowed to leave the vehicle there.
Councilperson Anders stated that today he visited 2370 Independence Avenue. Councilperson
Anders stated that over the past six years he has been aggressively pursuing junk yards and junk
cars. Councilperson Anders commented that Lou Cutwright and Virgil Carson have been very
helpful. Councilperson Anders stated that he sees a lot of these complaints. Councilperson
Anders stated that the Jeep and property are in violation of the Waterloo Code of Ordinances.
Councilperson Anders stated that if we are going to clean up the city and support city
departments, we need to stand behind the Code Enforcement Officers. Councilperson Anders
stated that this Notice of Violation was well deserved.
Moved by Krizek, seconded by Gronen that the hearing be closed and oral and written comments
be received and placed on file. Ayes: Five. Absent: Jordan, Murphy. Motion carried.
Moved by Anders, seconded by Krizek that the Notice of Violation for 2370 Independence
Avenue be affirmed. Ayes: Five. Absent: Jordan, Murphy. Motion carried.
With no further business before the council, it was moved by Gronen, seconded by Anders that
the meeting be adjourned at 3:32 p.m. Ayes: Five. Absent: Jordan, Murphy. Motion carried.
Nancy Eckert
City Clerk