07-24 - 04-17 - Appeal of Repeat Nuisance Call Fee - 2230 Douglas Dr N Resolution 07-24 April 17, 2007
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION OF FINDINGS AND CONCLUSIONS OF FACT
REGARDING APPEAL OF REPEAT NUISANCE SERVICE CALL FEE
2230 DOUGLAS DRIVE NORTH
WHEREAS, Section 10.85 of City Code provides that the City Manager may impose
a repeat nuisance service call fee upon the owner or occupant of private property if the City
has rendered services or responded to the property on three or more occasions within a
period of 365 days in response to or for the abatement of nuisance conduct, activity, or
condition of the same or similar kind;
WHEREAS, Loren Zemple, the owner and occupant of 2230 Douglas Drive North,
was assessed a repeat nuisance service call fee by the City Manager pursuant to Section
10.85 for repeat nuisance service calls to 2230 Douglas Drive North;
WHEREAS, Subdivision 6 of Section 10.85 provides that the owner or occupant
upon whom the repeat nuisance service call fee is imposed may request a hearing before
the City Council;
WHEREAS, Loren Zemple requested such hearing in proper form and in a timely
manner;
WHEREAS, such hearing was conducted on April 4, 2007, in accordance with
Section 10.85, and both the acting City Police Chief and Loren Zemple were present and
had opportunity to be heard and make presentations regarding the matter;
WHEREAS, City Council, after considering all evidence submitted at said hearing, is
charged under Section 10.85 with making written findings of fact and conclusions on the
issue of whether the City responded to or rendered services for repeat nuisance service
calls of the same or similar kind on three or more occasions within a 365 day period;
WHEREAS, Subdivision 4 of Section 10.85 provides that all repeat nuisance service
call fees imposed and charged against the owner or occupant shall be deemed delinquent
30 days after the City's mailing a billing statement therefore, and subjects such delinquent
payments to a ten percent late penalty of the amount due.
NOW, THEREFORE, the City Council for the City of Golden Valley makes the
following findings with respect to the assessment of a repeat nuisance service call fee
against Loren Zemple:
1. The City responded to repeat nuisance service calls of similar kind at 2230
Douglas Drive North involving Loren Zemple on at least 3 occasions within a 365 day
period, between July 2006 and February 2007.
Resolution 07-24 - Continued April 17, 2007
2. The nature of the activities and circumstances surrounding the service calls at
2230 Douglas Drive North involving Loren Zemple have exhibited a profound disregard for
the time and resources of the City's public services and personnel, including its police
force, and have generated costs in excess of providing normal law enforcement and police
protection.
BE IT RESOLVED that based upon the above findings, the City Council hereby
affirms the assessment of a repeat nuisance service call fee against Loren Zemple, and
directs the City Clerk to serve upon Mr. Zemple a copy of this Resolution by U.S. Mail no
later than April 24, 2007.
BE IT FURTHER RESOLVED that because an appeal was made within the time
proscribed by Section 10.85 of City Code, the late penalty imposed by Subdivision 4 of
Section 10.85 shall be waived unless and until Loren Zemple fails to pay the repeat
nuisance service call fee within 20 days of being served with a copy of the Findings and
Conclusions of this Resolution.
Linda R. Loomis, Mayor
ATTEST:
'I 4 / 1t "
usan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.