HomeMy WebLinkAbout2015-09-02 CA Ltr to Mr. Hellerman Forwarding Order „ i9 g
,•, Writer's Direct Dial:
.� ECIGERG
L (651)351-2134
ERS
ATTORNEYS AT LAW Writer's E-mail:
KSandstrom @eckberglammers.com
Reply to Stillwater
September 2, 2015 g
C1.
Mr. Wayne Hellerman Ms. Lynne Hellerman
15105 63rd Street North 1508 Hallewood Blvd.
Oak Park Heights, MN New Richmond, WI 54017
OA )/
Re: City of Oak Park Heights, v. Wayne Hellerman and Lynne Hellerman �- � " '
Court File No: 82-CV-15-3536
Our File No: 01501-26474
Dear Mr. & Mrs. Hellerman:
Enclosed herewith and served upon you find the following:
1. Notice of Filing of Order and Entry of Judgment; and
2. Order for Default Judgment.
The Court has granted the City's request and entered a default judgment against you, and you now have
30 days to remediate the condition of your property. Note also that the deadline is now ticking for any
appeal of this ruling by you.
I discussed your claim with the City that you had permission to erect the tent structure in your yard.
Such permission was granted only for a temporary period to allow for some temporary storage while you
built a garage. The permit expired on June 1, 2015. A copy of the letter from the City dated August 20,
2014 is enclosed for your reference.
In order to remediate your property,please do all of the following:
1. Remove any and all outside storage of junk, debris, equipment,machinery, inoperable vehicles,
etc. from the property. The only permissible items to be stored outside are lawn furniture,neatly
stacked firewood, a clothesline,properly licensed and operable passenger vehicles, and no more
than two properly licensed recreational vehicles.
2. Cut the grass and keep it trimmed.
3. Trim all the trees that encroach into the neighboring properties.
4. Remove any and all tent or temporary/tarp storage structures from the property.
Please feel free to contact me with any additional questions on the foregoing. We will plan to inspect
your progress on a periodic basis over the coming weeks.
Stillwater Office Hudson Office
1809 Northwestern Avenue 430 Second Street
Stillwater, MN 55082 Hudson,WI 54016
Phone:651-439-2878 Phone:715-386-3733
Fax:651-439-2923 Fax:715-386-6456
Z.:�sri�'..o-. , .w�=�"''^w_r
Wayne& Lynne Hellerman
September 2, 2015
Page 2 of 2
Sincerely,
/ • r$A,P
Kevin S. Sandstrom
KSS/kca
Enclosure
c: Eric Johnson, City Administrator(w/encs.)
STATE OF MINNESOTA )
) ss. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF WASHINGTON )
Re: City of Oak Park Heights, a Minnesota municipal corporation v. Wayne Hellerman, Lynne
Hellerman, and John Doe, Mary Doe, and XYZ Corporation, unknown Defendants
Court File No.: 82-CV-15-3536
Katherine M. Wahlman, being duly sworn, says that on September Z, , 2015, she
served the following documents:
Notice of Filing of Order and Entry of Judgment
Order for Default Judgment
by placing a true and accurate copy of each document in a sealed envelope with sufficient
postage and depositing the same in the United States Mail at a mailbox located in Stillwater,
Minnesota, directed to said person or persons at their last known address:
Wayne Hellerman Lynne Hellerman
15105 63rd Street North 1508 Hallewood Blvd.
Oak Park Heights, MN New Richmond,WI 54017
' kit( „),(d
' atherine M.Wahlman
Subscribed and sworn to before me
this Z' day of September, 2015.
4o1
taI h i/
/
ry Public .
JESSICA LYNN MERTZ
Notary Public Minnesota
W c' My Commission Estates January 31,2017
(/01501-26474)
I .
Electronically Served
9/1/2015 3:58:30 PM
Washington County.MN
State of Minnesota District Court
Washington County Tenth Judicial District
Court File Number: 82-C V-15-3536
Case Type: Civil Other/Misc.
Notice of:
FILE COPY X Filing of Order
X Entry of Judgment
Docketing of Judgment
City of Oak Park Heights vs Wayne Heileman,Lynne Hellerman,John Doe, Mary Roe,XYZ
CORPORATION
You are hereby notified that the following occurred regarding the above-entitled matter:
X An Order was filed on September 01,2015.
X Judgment was entered on September 01,2015.
You are notified that judgment was docketed on
at in the amount of$. Costs and interest will accrue on this amount from the
date of entry until the judgment is satisfied in full.
Dated: September 1,2015 Annette Fritz
Court Administrator
Washington County District Court
14949-62nd St.N; PO Box 3802
Stillwater MN 55082
651-430-6263
cc: Wayne Hellerman
Lynne Hellerman
KEVIN SCOTT SANDSTROM
A true and correct copy of this Notice has been served pursuant to Minnesota Rules of Civil Procedure,
Rule 77.04.
MNCIS-CIV-142 STATE Notice Rev.09/2013
Electronically Served
9/1/2015 3.56:58 PM
Washington County. MN
Fife#
F WASHINGTON COUNTY F
DISTRICT COURT 1
L SEP 01 2015 L
STATE OF MINNESOTA E E DISTRICT COURT
D COURT ADMINISTRATOR D
COUNTY OF WASHINGTON By )'C DepNTH JUDICIAL DISTRICT
Case Type: 14/Other Civil
City of Oak Park Heights,a Minnesota Court File No:82-CV-15-3536
municipal corporation, Judge:Gary R.Schurrer
Plaintiff;
v. ORDER FOR
DEFAULT JUDGMENT
Wayne Hellerman,Lynne Hellerman,
and John Doe,Mary Roe,and XYZ
Corporation,unknown Defendants,
Defendants.
This matter came before the Court on August 28,2015 on Plaintiff's motion for entry of
default judgment against Defendants Wayne Hellerman and Lynne Hellerman,under Rule 55 of
the Minnesota Rules of Civil Procedure. Plaintiff appeared via its attorney of record.
Defendants also personally appeared at the hearing pro se. After having considered the
arguments and authorities submitted by the Plaintiff,the Court holds as follows:
FINDINGS
1. The Summons and Complaint were duly served upon Defendants on June 24,2015.
2. Defendants are not minors,nor incompetent persons,nor members of the military service
of the United States.
3. Defendants'deadline for an answer or other response to the Complaint was July 14,
2015. Defendants did not appear or otherwise defend in this action by that date,nor had
they done so as of the filing of Plaintiff's Motion for Default Judgment.
4. As of the time for the hearing for default,although Defendants appeared at the hearing,
they did not file or serve any formal Answer to the Court or the Plaintiff
5. Defendants had no contact with Plaintiffs'counsel until the day before the hearing.
6. Defendants did not provide any valid excuse for their failure to answer in a timely
fashion.
7. Defendants did admit at the hearing that they are still in the process of remediating the
property in question,and asserted that they intend to do so in the next 30 days.
8. Defendants are in default for failing to answer the Summons and Complaint.
9. Plaintiff is entitled to collect all costs of remediating the condition of the property,
including but not limited to administrative costs,filing fees,service fees,attorneys' fees,
appraisers' fees,and witness fees,pursuant to Minn. Stat.§463.22 and City Code
§ 1109.07.
ORDER
THEREFORE,IT IS ADJUDGED AND ORDERED that:
1. Plaintiffs Motion for Default Judgment is GRANTED.
2. Plaintiff is granted judgment against Defendants as follows:
a. Defendants are hereby enjoined from violating Minnesota Statues§§609.74,
617.81, 168B.04,and 463.15 et seq.;or City of Oak Park Heights Code§§
1109.03, 1109.04, 1301.01,401.15.B.12,401.15.B.13,401.15.B.14,401.15.C.8,
and 401.15.D.11;by maintaining and storing trash,debris,garbage,inoperable
vehicles,or unauthorized structures on the exterior of the property at 15105 63r4
Street North,City of Oak Park Heights,County of Washington,State of
Minnesota.
b. Within 30 days of the date of this Order,Defendants are hereby ordered to abate
the nuisance condition and remove all trash,debris,garbage,inoperable vehicles,
and unauthorized structures on the exterior of the property at 15105 63rd Street
2
North,City of Oak Park Heights,County of Washington, State of Minnesota to
bring it into compliance.
c. If Defendants fail to timely abate the nuisance and remediate the property as
ordered above,Plaintiff is hereby authorized to enter onto Defendants' property
located at 15105 63rd Street North,City of Oak Park Heights,County of
Washington,State of Minnesota in order to remediate the condition of the
property and bring it into full compliance with Minnesota Statues§§609.74,
617.81, 168B.04,and 463.15 et seq.;and City of Oak Park Heights Code§§
1109.03, 1109.04, 1301.01,401.15.B.12,401.15.B.13,401.15.B.14,401.15.C.8,
and 401.15.D.11; by removing all trash,debris,garbage,inoperable vehicles,and
unauthorized structures on the exterior of the property. The Plaintiff may sell,
auction,or dispose of any personal property removed from the premises as the
Plaintiff deems appropriate. Any sale proceeds may be used to offset the costs
incurred by the City to remediate the property.
d. Alternatively,if Defendants fail to timely abate the nuisance and remediate the
property as ordered above,then Plaintiff may seek to hold Defendants in
contempt for failing to comply with this Order
e. Plaintiff is hereby authorized to specially assess all excess costs,including
attorneys' fees,incurred in remediating Defendants'property against said
property located at 15105 63rd Street North,City of Oak Park Heights,County of
Washington, State of Minnesota,pursuant to Minn.Stat. §463.22 and City Code
§ 1109.07.
3. Plaintiff is awarded its costs and disbursements against Defendants.
3
LET JUDGMENT BE ENTERED ACCORDINGLY.
BY THE COURT:
Dated: )t)(5--
The Honorable Gary Ilt) hurrer
Judge of District Court
JUDGMENT
Pursuant to the Rules of Civil Procedure, I hereby
certify that the foregoing Order constitutes the
judgment of this court.
Annette Fritz
Court Administrator
Date: q l t !IC By: -6 -----
Deputy Clerk of District Court
4
City of Oak Park Heights
14168 Oak Park Blvd.N.—P.O.Box 2007
Oak Park Heights,MN 55082
Phone:651.439.4439 Fax:651.439.0574
August 20,2014
Mr.Wayne Hellerman
15105 63rd St.N.
Oak Park Heights,MN 55082
Re: Yard Clean Up Compliance Request
Dear Mr.Hellerman:
Thank you for meeting with City Administrator Johnson and me today,to discuss the nuisance
compliance related to the clean-up of your yard. Per our conversation,you have been granted
permission to temporarily place a tent to your rear yard,within which you are to store all of the items
upon your yard that are not otherwise removed from your yard. All items are to be inside the tent
and no items are to be stored to either your front or rear yard prior to September 18,2014.
Before you put the tent up,you are to provide me with information as to the style,size and location of
the tent proposed for review and approval. The tent shall remain in good condition during the time it
is in place and in no case shall it remain in place after June 1,2015.
By June 1,2015,you are to have either(1)taken down the tent and removed all of the storage items
from your yard;or(2)have applied for and received a construction permit to erect a garage and have
substantial completion of the garage made.
Meanwhile,you indicated that you have installed a plastic,8'x 8'shed to the rear yard.We discussed
permit requirements for the shed and you are to complete the accessory building permit application
for the shed and return it to me. You are also going to trim the tree/shrub by the mailbox at the front
yard so that it is not obstructing traffic visibility.
Your prompt attention continues to be required and appreciated. Please let me know if you have any
questions.
Sincerely,
J ultman,C.B.O.
PI, ing&Code Enforcement
pc: Eric Johnson,City Administrator
Brian DeRosier,Chief of Police