Agenda - Council - 03/13/2012 - Special

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35. The City removed a licensed 1964 Volkswagen bus, a licensed 1970 Chevrolet recreational vehicle, an unlicensed 1984 Dodge Colt Vista and 1950's tractor from the property. Appellant testified that they were all of these vehicles were operational. However, the City, in contravention of Ramsey City Code Section 5.08.02, did not give Appellant a chance to demonstrate that the vehicles were operational in their condition at the time of abatement... 37... The Court finds that the City acted with the intent to clean up Appellant's property of all items without providing a specific, detailed notice as to the conditions constituting a violation of the city code and corrective measures to come into compliance. The City's September 13, 2007 "blanket notice" was not sufficient under its own city code. See Attachment A which is a true and correct copy of the Anoka County District Court Findings of Fact, Conclusions of Law and Order for Judgment dated June 17, 2011. 43. Meanwhile, Isanti County criminally prosecuted Kiefer for violating the county's solid waste ordinance for a situation created on his property by the City of Ramsey. 44. Kiefer was criminally convicted for the public nuisance the City of Ramsey created on Kiefer's Isanti County property. 45. An additional proceeding against Kiefer was started by the City of Ramsey in December 2007 for parking his cars on his gravel driveway. 46. The City of Ramsey's legal proceeding against Kiefer was not grounded in law or fact. 47. The Minnesota Court of Appeals held in its August 25, 2009 opinion: The city's current argument is contrary to its adoption of the hearing examiner's findings of fact. The city now asks this court to credit the testimony of Assistant Community Development Director Sylvia Frolik, who oversees the administration of chapter 9 of the Ramsey City Code, as evidence that the van is not parked on a driveway. Frolik, when asked to opine "[f]rom ... observation of the testimony and ... significant experience in interpreting the City's ordinances" whether the van is parked on a driveway, stated: "[t]he driveway, in accordance with the definition of a driveway in the MUSA, is bituminous or concrete, and the existing driveway falls short of where that van is parked." Frolik acknowledged, however that the most direct route to an "outbuilding" (previously 11