Special Feature: Abuse of Power by City of WSP
Web Site Designed and Maintained by OpusArts LLC.
All materials on this site are copyright. Do not reproduce without permisssion.
RE: M.J. Duchene BFA, 1144 Ottawa Avenue, WSP - Federal Action vs. WSP - Basic Issues on This Page
 
Conlict of Interest at LeVander. Gillen and Miller: Senior Partner Supreme Court Judge Paul Anderson Supression of Murder Investigation see: www.Murder by Diabetes.org
 
 
Letter WSP Attorney Yard/Garden 7/16/02:    

 

 

7/16/02

Korrine Land
Levander Law Firm
Attorney for the City of West St. Paul

RE: Attached demand and notice regarding yard and gardening equipment, garden statuary and recently acquired business furniture, and other similar items.


Dear Ms. Larson:
Please take notice that there is no law against having any of the items, many of which were acquired within one week of today’s date on my property, and none of these items are junk, i.e.:
•old filing cabinet: a item recently obtained (7/14/02) for business and in process of being moved into home studio. Replacement value $565.00
•cart/trolley - regularly used to move heavy items for landscaping and moving items in and out of home. Replacement value $165.00. I have a right to use tools such as the cart in my yard, consistent with my rights to quiet use and enjoyment of my property, supported by the balance of tort law, without interference and abuse from Mr. Fackler on behalf of the city.
•leaves - ? not there
•broken pots - (number: 1) either to be used for gardening and in process of being repaired - $115.00
•hobby horse - garden statuary art which will not be removed from yard and which has a replacement value of $2500.00
• wooden box - squirrel feeder. Replacement value $165.00.
• Other items - ? no other items known of
Please be advised that any statuary, art or other items removed will be charged to the city inclusive costs for my time to effect replacement, that I would otherwise have available for my business, OpusArts LLC,.
Issuance of the attached notice action is self evidently retaliatory abuse of power and harassment by the city, motivated by long-standing abusive and dehumanizing attitudes, resulting in behavior in the same ilk, towards me personally. The attitudes and behavior are motivated on the city’s part because I know of felony criminal conduct engaged in by city officials and employees for whom the city is liable. The city have ongoing guilt, and fear of being penalized by the law, regarding City involvement in my mother’s murder; see: www.MurderbyDiabetes.org. There is a willful intent to inflict emotional harm and discriminate against myself on the basis of age, disability and income, and waste my time and thereby harm me professionally.
This action is also a criminal offense, abuse of authority, see Minnesota Statutes:
609.43 Misconduct of public officer or employee.
A public officer or employee who does any of the following,
for which no other sentence is specifically provided by law, may
be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both:
(1) Intentionally fails or refuses to perform a known
mandatory, nondiscretionary, ministerial duty of the office or
employment within the time or in the manner required by law; or
(2) In the capacity of such officer or employee, does an
act knowing it is in excess of lawful authority or knowing it is
forbidden by law to be done in that capacity; or
(3) Under pretense or color of official authority
intentionally and unlawfully injures another in the other's
person, property, or rights; or
(4) In the capacity of such officer or employee, makes a
return, certificate, official report, or other like document
having knowledge it is false in any material respect.
Mr. Fackler engaged in threatening and abusive conduct, directed at me personally, as a single woman, a senior citizen with a disability. While he was present on my property. In future I require written notice that any person from the city is intending to come to my property and engage himself or herself with me so that I] can arrange to have disability advocate present, additional to taping the conversation. I recorded most of the “conversation” by Mr. Fackler, as I am technically more aware than many residents and have facilities to do so.
The powers to enforce legitimate laws and effect emergency abatements does not allow or extend right to public officers and employees to: engage in theft, abuse of citizen, or infringement on rights to legitimate use of property.
I have a beautiful garden, comparable to other similar gardens in West St. Paul, all being photographed.
In the event that notification that you intend to remedy this harassment is not received by Friday this week, a federal tort law suit against all parties personally and the city will be filed. Criminal charges pursuant to: 609.43 Misconduct of public officer or employee will also be filed with the appropriate authorities, in the event that the criminal conduct is not abated from the current continuing condition and withdrawn. Obviously West St. Paul will be liable for the replacement values inclusive of all costs in effecting replacement, for any items or plants/shrubs or trees removed from my garden, and such removal is felony theft.
This issue and copies of all communications in this respect, and photographs of my yard, are being place online at the Disability Advocate web site, see a link from www.DDAweb.org; so that all members of the public can evaluate these matters,
You will recall that this is not the first of abusive conduct toward me by the city of West St. Paul.
Cordially,

M J Duchene BFA

 

Letter WSP Attorney Plants/Trees 7/16/02:   

 


7/16/02


Korrine Larson
Levander, Gilliland and Anderson
Attorney for the City of West St. Paul


RE: Attached demand and Notice regarding trees, vines and raspberry bushes

Dear Ms. Larson:
Please take notice that there is no law against having growing trees, There is a only law prohibiting weeds. Vines and raspberry bushes on the rear of my property, immediately adjacent to the alley. There are no weeds .
vines and raspberry bushes are planted there to prevent weeds from taking hold and to beautify the premises. There are also small trees growing in the southeast section of the property which I want for shade trees, as I just lost one of my trees. If there is some aesthetic objection by anyone to this landscaping solution, that is too bad, because there are no laws which allow infliction of landscaping esthetics by one party on another. Mr. Fackler made allegations that the city has rights to pick and choose which non weed plants are planted adjacent to alleys, to prevent weeds, and that these must be paid for by the homeowner. There is no city ordnance, known of by me, that gives this discretion to the city and makes such demands on the homeowner. Please send me a copy of any such ordinance. replacement value of the Raspberry bushes and vines is in excess of $1000.00.
In the northeast section of the property adjacent to the alley, a Diseased elm tree, on City Property, removed by the city’s contractor three years ago, at the city’s cost, is sprouting because the contractor did not properly grind out the stump. In the event that the city finds the results of this contractors negligence displeasing, the city will have to make a formal demand of this contractor that he return and complete the grinding out of the stump so other plants can be planted to replace this growth. I demand that a copy of this demand be sent to me. In the event it is not done I will file a lawsuit for negligence against the contractor and the city. Please note that I planted many costly plants such as day lilies in this area after the tree was removed, and these plants have been destroyed because of this negligence, replacement value of these plants is in excess of $1000.00. I reserve rights to make legal claims for compensation from the contractor and the city.
Please be advised that any statuary, art or other items removed from my garden and yard at 1144 Ottawa Avenue will be charged to the city inclusive costs for my time to effect replacement, that I would otherwise have available for my business, OpusArts LLC,.
Issuance of the attached notice action is self evidently retaliatory abuse of power and harassment by the city, motivated by long-standing abusive and dehumanizing attitudes, resulting in behavior in the same ilk, towards me personally. The attitudes and behavior are motivated on the city’s part because I know of felony criminal conduct engaged in by city officials and employees for whom the city is liable. The city have ongoing guilt, and fear of being penalized by the law, regarding City involvement in my mother’s murder; see: www.MurderbyDiabetes.org. There is a willful intent to inflict emotional harm and discriminate against myself on the basis of age, disability and income, and waste my time and thereby harm me professionally.
This action is also a criminal offense, abuse of authority, see Minnesota Statutes:
609.43 Misconduct of public officer or employee.
A public officer or employee who does any of the following,
for which no other sentence is specifically provided by law, may
be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both:
(1) Intentionally fails or refuses to perform a known
mandatory, nondiscretionary, ministerial duty of the office or
employment within the time or in the manner required by law; or
(2) In the capacity of such officer or employee, does an
act knowing it is in excess of lawful authority or knowing it is
forbidden by law to be done in that capacity; or
(3) Under pretense or color of official authority
intentionally and unlawfully injures another in the other's
person, property, or rights; or
(4) In the capacity of such officer or employee, makes a
return, certificate, official report, or other like document
having knowledge it is false in any material respect.
Mr. Fackler engaged in threatening and abusive conduct, directed at me personally, as a single woman, a senior citizen with a disability. while he was present on my property. In future I require written notice that any person from the city is intending to come to my property and engage himself or herself with me so that I] can arrange to have disability advocate present, additional to taping the conversation. I recorded most of the “conversation” by Mr. Fackler, as I am technically more aware than many residents and have facilities to do so.
The powers to enforce legitimate laws and effect emergency abatements does not allow or extend right to public officers and employees to: engage in theft, abuse of citizen, or infringement on rights to legitimate use of property.
I have a beautiful garden, comparable to other similar gardens in West St. Paul, all being photographed.
In the event that notification that you intend to remedy this harassment is not received by Friday this week, a federal tort law suit against all parties personally and the city will be filed. Criminal charges pursuant to: 609.43 Misconduct of public officer or employee will also be filed with the appropriate authorities, in the event that the criminal conduct is not abated from the current continuing condition and withdrawn. Obviously West St. Paul will be liable for the replacement values inclusive of all costs in effecting replacement, for any items or plants/shrubs or trees removed from my garden, and such removal is felony theft.
This issue and copies of all communications in this respect, and photographs of my yard, are being place online at the Disability Advocate web site, see a link from www.DDAweb.org; so that all members of the public can evaluate these matters,
You will recall that this is not the first of abusive conduct toward me by the city of West St. Paul.
Cordially,

M J Duchene BFA

 

 

Responsive E-Mail from Ms. Larson-Land 7/18/02

 

Ms. Duchene:

I am in receipt of your fax dated today, which informed me that there are pictures of your property

posted at a particular website. Unfortunately, the web address you provided could not be found, so

I was unable to view the pictures.

You asked about my availability tomorrow. I am available most of the day, however, you may serve

a summons and complaint on any responsible person at my office, and need not serve me personally.

Our office closes at 4:00 p.m. on Fridays in the summer.

The City Council will soon be considering adopting an ordinance that provides for review of cases

such as yours in front of the City Council, sitting as the Housing Appeal Board.

If you would like to be the first case to come before the Council regarding this type of situation

where there is a difference of interpretation between the code enforcement officer and the homeowner,

please notify me in writing within 10 days of receipt of this e-mail, (that will be the time frame within

which residents will be allowed to appeal decisions of the code enforcement officer) but no later

than July 29.

If I do not receive your specific request to appeal the decision of the code enforcement officer within

10 days, please be advised that if the violations noted in the code enforcement officer's compliance

letters have not been removed to the satisfaction of the code enforcement officer, then the City will

remove the violations for you on July 30.

Please contact me if you have any questions.

Thanks.
Kori Land
City Attorney

Korine L. Land
LeVander, Gillen & Miller, P.A.
633 South Concord Street
Suite 400
South St Paul, MN 55075
Phone: (651)451-1831
Fax: (651)450-7384

<mailto:kland@levander.com> kland@levander.com

__________________________________________________


This electronic mail transmission contains confidential information intended only for the person(s)

named.

Any use, distribution, copying or disclosure by any other person is strictly prohibited. If you

received this transmission in error, please notify the sender by telephone (651-451-1831) or

send an electronic mail message to kland@levander.com
___________________________________________________

----------------------- Headers --------------------------------
Return-Path: <kland@levander.com>
Received: from rly-xj01.mx.aol.com (rly-xj01.mail.aol.com [172.20.116.38]) by air-xj05.mail.aol.com

(v86_r1.16) with ESMTP id MAILINXJ53-0718113842; Thu, 18 Jul 2002 11:38:42 -0400
Received: from LGM-SERVER2.LGM.com (65-84-235-42.client.dsl.net [65.84.235.42])

by rly-xj01.mx.aol.com (v86_r1.15) with ESMTP id MAILRELAYINXJ11-0718113830;

Thu, 18 Jul 2002 11:38:30 -0400
content-class: urn:content-classes:message
Subject: fax
MIME-Version: 1.0
Content-Type: multipart/alternative;
boundary="----_=_NextPart_001_01C22E70.79AEAA20"
Date: Thu, 18 Jul 2002 10:33:33 -0500
X-MimeOLE: Produced By Microsoft Exchange V6.0.5762.3
Message-ID: <253FBA5CF53F1C428F57401F7051D33613ABFC@LGM-SERVER2.LGM.com>
X-MS-Has-Attach:
X-MS-TNEF-Correlator:
Thread-Topic: fax
Thread-Index: AcIucW30R+2uIJojEdaw2QCw0JAxMQ==
From: "Kori Land" <kland@levander.com>
To: <opusarts@aol.com>
Cc: "Rick Jopke (E-mail)" <rick.jopke@ci.west-saint-paul.mn.us>,
"shelly strauss (E-mail)" <shelly.strauss@ci.west-saint-paul.mn.us>

Letter WSP Attorney Lawn/Garden 7/18/02:   

 


7/18/02

Korrine Land
Levander Law Firm
Attorney for the City of West St. Paul

RE: Attached demand and notice regarding yard and gardening equipment, garden statuary and recently acquired business furniture, and other similar items; and your offer for an “appeal” through the executive branch, the WSP City Council.

Dear Ms. Larson:
You are well aware that there is no basis in law for any complaint or charge against me, nor any abatement, theft or other official involvement, for any of the following and that I am fully within my rights to:
• have whatever statuary and art I please in my yard
• keep pots, broken or not in my yard.
• keep and use a cart, trolley, or dolly to move items on my property.
• bring professional equipment such as drawing draw cabinets onto my property.
• keep and use containers of weed killer, for weed removal and and vinegar for cleaning on my property
• keep squirrel feeder on my property.
• keep and use unspecified Miscelaneous (?) in my yard
Attempts to effect enforcement of nonexistent codes, under threat of abatement, without due process of law; to engage in activity attempting to inflict personal opinions or views that have no force of law on another; or to engage in theft under color of law are within the following definitions, and obviously so:
• In the capacity of such officer or employee, does an
act knowing it is in excess of lawful authority or knowing it is
forbidden by law to be done in that capacity
• In the capacity of such officer or employee, makes a
return, certificate, official report, or other like document
having knowledge it is false in any material respect
• Under pretense or color of official authority
intentionally and unlawfully injures another in the other's
person, property, or rights
On a without prejudice basis, I accept you offer for an “appeal” - although this is not a lawful appeals process, so you cannot claim any failure on my part, I do not agree to or acknowledge that the City council has the jurisdiction of to adjudicate laws that do not exist, or hear an appeal regarding laws that do not exist.
A criminal complaint will be filed for abuse of authority regarding the above referred matter, by the code officer and city official and employees aiding and abetting after the fact, at noon tomorrow absent your, and the city of West St. Paul’s abutment of this specific criminal conduct. In other words cease and desist. The federal summons and complaint will also proceed tomorrow absent notification that you have agreed to cease and desist.
Please take notice that after noon tomorrow, the value of my time at an hourly rate will be claimed as damaged for ongoing harassment and criminal conduct by all parties in this matter, regarding the above referred matter. I am extremely busy developing my business, OpusArts LLC., and my time has a market rate/value of in excess of $100.00 per hour.

Cordially,

M J Duchene BFA



 

Letter WSP Attorney Plants/Trees 7/18/02:   

 

7/18/02


Korrine Larson
Levander, Gilliland and Anderson
Attorney for the City of West St. Paul


RE: Attached demand and Notice regarding trees, vines and raspberry bushes and your offer for an “appeal” through the executive branch, the WSP City Council.

Dear Ms. Larson:
You are fully aware that there is no law, ordinance, statute or code prohibiting vines, small trees, tree sprouts or raspberries, and that the WSP “code enforcers” cannot enforce does that don’t exist. Presumably you have advised relevant city officials of this fact.
Attempts to effect enforcement of nonexistent codes, under threat of abatement, without due process of law; to engage in activity attempting to inflict personal opinions or views that have no force of law on another; or to engage in theft under color of law are within the following definitions, and obviously so:
• In the capacity of such officer or employee, does an
act knowing it is in excess of lawful authority or knowing it is
forbidden by law to be done in that capacity
• In the capacity of such officer or employee, makes a
return, certificate, official report, or other like document
having knowledge it is false in any material respect
• Under pretense or color of official authority
intentionally and unlawfully injures another in the other's
person, property, or rights
On a without prejudice basis, I accept you offer for an “appeal” - although this is not a lawful appeals process, so you cannot claim any failure on my part, I do not agree to or acknowledge that the City council has the jurisdiction of to adjudicate laws that do not exist, or hear an appeal regarding laws that do not exist.
A criminal complaint will be filed for abuse of authority regarding the above referred matter, by the code officer and city official and employees aiding and abetting after the fact, at noon tomorrow absent your, and the city of West St. Paul’s abutment of this specific criminal conduct. In other words cease and desist. The federal summons and complaint will also proceed tomorrow absent notification that you have agreed to cease and desist.
Please take notice that after noon tomorrow, the value of my time at an hourly rate will be claimed as damaged for ongoing harassment and criminal conduct by all parties in this matter, regarding the above referred matter. I am extremely busy developing my business, OpusArts LLC., and my time has a market rate/value of in excess of $100.00 per hour.

Cordially,

M J Duchene BFA

 

Appeals WSP 7/24/02:   

To: West St. Paul City Council, Mayor, Building Inspector, Community Development and Attorney
Appeal to the Housing Review Board - Notice/“APPEAL”; Ord. 425.25

7/23/02

WITHOUT PREJUDICE


RE: Demand and notice regarding yard and gardening equipment, garden statuary and recently acquired business furniture, and other similar items; and separate notice regarding vines and trees.

Photographs, evidence and and References at:
http://www.angelfire.com/mn3/abuseofpower/index.html


1. Regarding the issue of trees and vines behind Ottawa Avenue on alley Boulevard:
There is no prohibition, federal or state law, state statute, or city ordinance against having the plants that exist behind 1144 Ottawa Avenue, see website for pictures nos. 14, 15 and 16. These plants are common in other alley boulevard planting on the 11 block of Smith and Ottawa and else where in the city, see website for pictures nos. 17, 18 and 19.

City Ordinance decrees that the City is responsible for the costs in removing and replacing plantings:
820.07. Removal of Boulevard Trees.
Subd. 1. City Removal. The City will remove trees that are determined by the Public Works Director to be diseased, dangerous or a public nuisance according to the following rules:
a. Removal of trees will not leave the stump above boulevard level.
b. Removal of any tree is to be approved by the Public Works Director before removal.
c. When the City removes trees in connection with public improvements, new trees may be planted if the City determines it is practical.
Subd. 2. Resident Requests. The owner of property abutting a boulevard may request the removal of a boulevard tree. If deemed necessary by the Public Works Director, the tree will be removed by the City at no cost to the property owner.

The compliance notice issued by Mr. Fackler on 7/15/02 clearly constituted issuance of a false complaint and cause of action.

2. Regarding the issue of alleged junk or offensive items.
There is no prohibition, federal or state law, state statute, or city ordinance against:
• having and using the items in the notice issued by Mr. Fackler, inclusive carts and dollys used for moving items in and out of the home, or serviceable items being brought into the home.
• keeping garden art and sculpture on a property, see pictures nos.: 47, 48., 49, 7 and 8; and federal specifically prevents arbitrary censorship of such art because it violated rights inclusive of first amendment rights. Garden art, in keeping with other modern art, often involves use of various ordinary materials, junk, for creation: see photos nos. 34, 35 and 36.
• keeping garden equipment and supplies on a property, see pictures nos.: 50, 51, 9. and 10.
The city ordinance pertaining to junk defines it to be:
The purpose of this Section is to declare the unsheltered storage of inoperable, abandoned or junked automobiles and any other vehicles, machinery, implements, equipment, junk or personal property of any kind which is no longer used for the purposes for which it was manufactured or made to be a danger to the public health and safety

Please Consider:
1) It is official harassment and abuse of power to endeavor to interfere with normal business and personal activity of the undersigned by coming onto the property of the undersigned and issuing complaints while the undersigned is in the reasonable and timely process of moving office or art equipment to or from the premises at 1144 Ottawa, or when remodeling of the property is being done. Regarding the latter, the city has in the past done such activity to a legally unsuccessful result.
2) It is discrimination on the basis of disability, and sex, to endeavor to prohibit use of equipment used to facilitate transport of items in and out of the property see photos nos. 10, 11, 12 and 13, which a non disabled person, or a man, might easily carry without use of such devices.
3) It is refusal to accommodate the disability of the undersigned for city employs to refrain from engaging personally with the undersigned, who suffers from Post Traumatic Stress Disorder because of past misconduct by city and county employees: in conduct designed to abuse and re-traumatize the undersigned.
4) The city have no authority to harass the undersigned during garden work or prevent the scheduling and effecting of normal garden work, unless there is a severe and persistent degeneration of real property which does not apply regarding the undersigned: see pictures nos. 1, 2, 3, 4, 5, 6, and 20 through 46.

It is obvious and therefore reasonable to believe that Mr. Fackler knew he was issuing a false complaint and abusing his power and authority under color of law.

Mary Jane Duchene
Disabled Homeowner, 1144 Ottawa Avenue

 

 

Photos Regarding 1144 Ottawa Avenue, West St. Paul, MN
Comments: Picture 1 Front - 1144 Ottawa Avenue, WSP - 7/17/02
 
Comments: Picture 2 Front - 1144 Ottawa Avenue, WSP - 7/17/02
 
Comments: Picture 3 Front - 1144 Ottawa Avenue, WSP - 7/17/02
 
Comments: Picture 4 Front - 1144 Ottawa Avenue, WSP - 7/17/02
 
Comments: Picture 5 Front - 1144 Ottawa Avenue, WSP - 7/17/02
 
Comments: Picture 6 Front - 1144 Ottawa Avenue, WSP - 7/17/02
 
Comments: Picture 7 Front - 1144 Ottawa Avenue, WSP - 7/17/02
 
Comments: Picture 8 Front - 1144 Ottawa Avenue, WSP - 7/17/02
 
Comments: Picture 9 Front - 1144 Ottawa Avenue, WSP - 7/17/02
 
Comments: Picture 10 Front - 1144 Ottawa Avenue, WSP - 7/17/02
 
Comments: Picture 11 Front - 1144 Ottawa Avenue, WSP - 7/17/02
 
Comments: Picture 12 Front - 1144 Ottawa Avenue, WSP - 7/17/02
 
Comments: Picture 13 Front - 1144 Ottawa Avenue, WSP - 7/17/02
 
Comments: Picture 14 Rear - 1144 Ottawa Avenue, WSP - 7/18/02
 
Comments: Picture 15 Rear - 1144 Ottawa Avenue, WSP - 7/18/02
 
Comments: Picture 16 Rear - 1144 Ottawa Avenue, WSP - 7/18/02
 
   
Other West St. Paul Properties Near 1144 Ottawa
Comments: Picture 17 - Rear at Corner Ottawa and Butler 3 doors from 1144 Ottawa - 7/18/02
 
Comments: Picture 18 Rear - 1140 Ottawa Avenue, WSP - 7/18/02
 
Comments: Picture 19 Rear - 1165 and 1167 Smith Avenue, WSP - 7/18/02
 
Comments: Picture 20 Front - 1171 Ottawa Avenue, WSP - 7/18/02
 
Comments: Picture 21 Front - 1171 Ottawa Avenue, WSP - 7/18/02
 
Comments: Picture 22 Front - 1171 Ottawa Avenue, WSP - 7/18/02
 
Comments: Picture 23 Front - 1171 Ottawa Avenue, WSP - 7/18/02
 
Comments: Picture 24 Front - 1171 Ottawa Avenue, WSP - 7/18/02
 
Comments: Picture 25 Front - 1171 Ottawa Avenue, WSP - 7/18/02
 
Comments: Picture 26 Front - 1171 Ottawa Avenue, WSP - 7/18/02
 
Comments: Picture 27 Front - Corner, Smith and Butler Avenues, WSP - 7/18/02
 
Comments: Picture 28 Front - 1200 Block Smith Avenue, WSP - 7/18/02
 
Comments: Picture 29 Front - 1200 Block Smith Avenue, WSP - 7/18/02
 
Comments: Picture 30 Front - 1200 Block Smith Avenue, WSP - 7/18/02
 
Comments: Picture 31 Front - 1200 Block Smith Avenue, WSP - 7/18/02
 
Comments: Picture 32 Front - 1200 Block Smith Avenue, WSP - 7/18/02
 
Comments: Picture 33 Front - 1200 Block Smith Avenue, WSP - 7/18/02
 
Comments: Picture 34 Front - Block Butler Avenue, WSP - 7/20/02
 
  Picture 35 Front - Block Butler Avenue, WSP - 7/20/02
 
  Picture 36 Front - Block Butler Avenue, WSP - 7/20/02
 
  Picture 37 Front - Corner Orme &Delaware Avenues, WSP - 7/20/02
 
  Picture 38 Front - Corner Orme &Delaware Avenues, WSP - 7/20/02
 
  Picture 39 Side - Corner Orme &Delaware Avenues, WSP - 7/20/02
 
  Picture 40 Side - Corner Orme &Delaware Avenues, WSP - 7/20/02
 
  Picture 41 Side - Corner Orme &Delaware Avenues, WSP - 7/20/02
 
  Picture 42 Front - Corner Orme &Delaware Avenues, WSP - 7/20/02
 
Front Overview 1144 Ottawa Avenue, West St. Paul, MN
Comments: Picture 43 Front - 1144 Avenue, WSP - 7/19/02
 
Comments: Picture 44 Front - 1144 Avenue, WSP - 7/19/02
 
Comments: Picture 45 Front - 1144 Avenue, WSP - 7/19/02
 
Comments: Picture 46 Front - 1144 Avenue, WSP - 7/19/02
 
Changes 1144 Ottawa Avenue, West St. Paul, MN as of: 7/21/02
Comments: Picture 47 Front - 1144 Avenue, WSP, Horse Garden Art made more prominent and visible, compared to pictures nos. 7 and 8 above - 7/21/02
 
Comments: Picture 48 Front - 1144 Avenue, WSP, Horse Garden Art made more prominent and visible, compared to pictures nos. 7 and 8 above - 7/21/02
 
Comments: Picture 49 Front - 1144 Avenue, WSP, Horse Garden Art made more prominent and visible, compared to pictures nos. 7 and 8 above - 7/21/02
 
Comments: Picture 50 Front - 1144 Avenue, WSP, Pots, tools container and shopping carrying cart moved, compared to pictures nos. 9 and 10 above - 7/21/02
 
Comments: Picture 51 Front - 1144 Avenue, WSP, Weed killer, garden tools used regularly - 7/21/02
 
Comments: Picture 52 Rear 1144 Ottawa Avenue, WSP - No change possible or required see: WSP City Ordinances - 810.01. Weeds and 820.07 Removal of Boulevard Trees - 7/18/02
 
Comments: Picture 53 Rear 1144 Ottawa Avenue, WSP - No change possible or required see: WSP City Ordinances - 810.01. Weeds and 820.07 Removal of Boulevard Trees - 7/18/02
 
 
WSP Ordinances

Unsheltered Storage of Junk and Inoperable or Abandoned Vehicles
2007.01. General.
Subd. 1. Purpose. The purpose of this Section is to declare the unsheltered storage of inoperable, abandoned or junked automobiles and any other vehicles, machinery, implements, equipment, junk or personal property of any kind which is no longer used for the purposes for which it was manufactured or made to be a danger to the public health and safety.
Subd. 2. Declaration. The unsheltered storage of these property items throughout the City tend to impede traffic in the streets, interfere with the enjoyment of and reduce the value of public and private property, invite plundering, create fire hazards and other safety and health hazards to children as well as adults, interfere with the comfort and well-being of the public, and create, extend and aggravate urban blight. The Council declares that, in order to protect the public health, safety and welfare from such conditions, these conditions must be regulated, abated and prohibited.
2007.03. Prohibition of Unsheltered Storage.
Subd. 1. General Rule. No person may place, permit, store, allow, maintain or leave machinery, implements, equipment, junk or personal property of any kind, which is no longer used for purposes for which it was manufactured or made, upon an open space area of any premises located anywhere in the City.
Subd. 2. Definition. For purposes of this Section, "Junk" means worn out or discarded material that is no longer used for the purposes for which it was manufactured or made, including but not limited to, household appliances or parts, tools, building materials, tin cans, glass, furniture, mattresses, box springs, crates, cardboard, tires or any other unsightly debris, brush or materials, the accumulation of which may have an adverse effect upon the neighborhood or property values, health, safety or general welfare of the public.
Subd. 3. Public Nuisance. A person who creates, maintains, permits or allows a condition on property in violation of City Code Section 2007.03 will be deemed to have created a public nuisance subject to abatement as provided in City Code Section 2010 and other penalties described in this Code.

Public Nuisances
2010.01. Definitions. For purposes of this Section, the terms defined have the following meanings.
Subd. 1. Abatement. "Abatement" means the removal, stoppage, prostration, or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying, or effacing it.
Subd. 2. Property. "Property" means any real property, premises, structure or location on which a Public Nuisance is alleged to exist.
Subd. 3. Public Nuisance. "Public Nuisance" includes, but is not limited to, the following acts:
a. Engaging in any business or activity which is dangerous, hurtful, unwholesome, offensive or unhealthy to the neighborhood, or which constitutes an annoyance to the persons in the neighborhood, or is detrimental to the property in the neighborhood.
b. Permitting, suffering, maintaining, or failing to remove any offensive, nauseous, hurtful, dangerous or unhealthy condition resulting from a failure to properly dispose of garbage, sewage, waste, debris or any other unwholesome or offensive substance, liquid, or thing upon one’s premises, or dropping, discharging, passing, depositing or otherwise delivering the same upon the premises of another or public property.
c. Constructing, maintaining, permitting or suffering upon one’s property any billboard, sign, poster, or advertisement, or to post, publish, promulgate, broadcast, display, issue or circulate any insulting, profane or abusive emblem, sign, or device, or blasphemous written or printed statement, calculated or such as is likely to cause a breach of the peace.
d. Displaying, circulating, issuing or publishing any slanderous or obscene, immoral, or lewd pictures, posters, literature, writings, drawings or oral statements.
e. Any fence, wall, shed, deck, house, garage, building, structure, tree, pole, smokestack, excavation, hole, pit, basement, cellar, sidewalk, dock, lot, land, yard, premises or location which by reason of the condition in which it is found or permitted to be or remain, does or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the City.
f. Violations of City Code Section 403 (Commercial Properties Section), Section 415 (Sign Section), Section 902 (Vacant and Hazardous Building Section), Section 2007 (Unsheltered Storage of Junk and Inoperable or Abandoned Motor Vehicles Section), Section 2010 (Nuisances; General) or Section 2020 (Graffiti Section) of this Code and any other violations of the City Code or Zoning Ordinance that are a danger to the health, safety and general welfare of the citizens of the City.
g. Any other activity, place or thing that is defined in this Code as a nuisance or Public Nuisance.Subd. 4. Summary Abatement. "Summary abatement" means the abatement of the nuisance by the City, or a contractor employed by the City, by removal, repair, or other acts without notice to the owner, agent, or occupant of the property except for the notice required by this Code.
2010.03. Exceptions. Activities undertaken by the Economic Development Authority or the City Council under the Quality Housing Program or any other bona-fide redevelopment initiative are not subject to the requirements of this Section.
2010.05. Summary Abatement. Whenever the City is made aware of the existence of a Public Nuisance, the City will cause to be inspected the property on which it is alleged that such a Public Nuisance exists. Should the City determine that a Public Nuisance exists and that the public health, safety or welfare may be in immediate danger, then summary abatement procedures will be implemented and the City may cause the nuisance to be removed or abated. When summary abatement is authorized, notice to the owner, agent or occupant of the property is not required. Following summary abatement, the City will post a notice on the property describing the action taken to abate the nuisance.
2010.07. Abatement; Notice.
Subd. 1. General Rule. If, after inspecting the property, the City declares the existence of a Public Nuisance but the nature of the nuisance is not such as to require summary abatement of the nuisance, then regular abatement procedures will be followed.
Subd. 2. Notice. In cases where summary abatement of a Public Nuisance is not required, the City will serve a notice on the owner, by registered or certified mail, or by personal service, ordering the owner to remove the Public Nuisance. The Public Nuisance must be removed within 48 hours after the date of receipt of the notice unless another time period is established elsewhere in the notice. The notice will contain the following information:
a. Description of the property upon which the nuisance is situated;
b. The nature of the nuisance to be abated;
c. State that in the event the owner does not comply with the order, the necessary work may be performed by the City at the expense of the owner; and
d. State that if the owner does not pay for the expense, the cost of the work will be assessed against the property.
If no owner of the property can be found, the notice will be posted on the property for a period of 48 hours, after which period the City may perform any necessary work. Notice by registered or certified mail and notice by posting may be done simultaneously.
2010.09. Abatement by City. If the Public Nuisance is not abated at the expiration of time stated in the notice, the City has the authority to enter upon the property and abate the Public Nuisance. In abating the nuisance, the City may go to whatever extent necessary to complete the abatement of the Public Nuisance. The City may call upon any of the City departments or divisions for whatever assistance is deemed necessary or may by private contract cause the abatement of the Public Nuisance. If any material derived from the abatement is salvageable, the City may sell the salvaged material at private or public sale with the proceeds from the sale going to the City’s General Fund.
2010.11. Invoice. If the City performs the work pursuant to City Code Section 2010.09, the City will maintain a record showing the cost of the work attributable to each separate lot and parcel, including administrative costs. The City will prepare and mail an invoice to the owner setting forth the amount of expenses and charge for such work, which will be due 30 days after notice of billing and payable at the office of the Finance Director.
2010.13. Assessment. The City will list the total unpaid charges for each type of work against each lot or parcel to which the charges are attributable pursuant to City Code Section 2010.11. The Council may then assess the charges against the property benefited as a special assessment, pursuant to statute, for certificate to the County Auditor and collection together with current taxes payable in the following year.
2010.15. Personal Liability of Owner. The person who is the owner of the property at the time the notice of Public Nuisance is posted will be personally liable for the amount of the assessment including all interest, civil penalties and other charges.
2010.17. Overhead Charge; Civil Penalties. Whenever the City abates a Public Nuisance, the amount of expenses and charge to the owner will include an overhead charge of up to 25% for administrative costs. When the City has abated a Public Nuisance maintained by any owner of real property, an additional civil penalty of up to 50% of the cost of abatement will be added to the amount of expenses and charged to the owner for each subsequent nuisance that is abated by the City within two consecutive calendar years concerning real property owned by the same person. The civil penalty will be imposed without regard to whether the nuisances abated by the City involved the same real property or are of the same character.

820.07. Removal of Boulevard Trees.
Subd. 1. City Removal. The City will remove trees that are determined by the Public Works Director to be diseased, dangerous or a public nuisance according to the following rules:
a. Removal of trees will not leave the stump above boulevard level.
b. Removal of any tree is to be approved by the Public Works Director before removal.
c. When the City removes trees in connection with public improvements, new trees may be planted if the City determines it is practical.
Subd. 2. Resident Requests. The owner of property abutting a boulevard may request the removal of a boulevard tree. If deemed necessary by the Public Works Director, the tree will be removed by the City at no cost to the property owner.

810.01. Weeds.
Subd. 1. General Rule. The owner and occupant of any property are responsible for the maintenance of the grass and grounds of the property. Any weeds, whether noxious or not, growing upon any lot or parcel of land outside the traveled portion of a street or alley, which are greater than eight inches or which have gone or about to go to seed, are public nuisances.
Subd. 2. Notice. The Weed Inspector will serve notice upon the owner and occupant ordering that the weeds be cut and removed within 48 hours. Notice must be served pursuant to City Code Section 2010.
Subd. 3. Removal and Assessment. Following service of the notice, if the owner or occupant fails to comply, the City may remove the nuisance and assess the costs against the current occupant, pursuant to City Code Section 2010.

Pictire 54 - West St. Paul Refuses to Investigate Theft of Political Sign, June, 2002
West St. Paul Tolerates and Facilitates Terrorist Threats Against Disabled, Senior Woman. December, 2001
   
   
 

 

DISABILITY ADVOCATE FOR: Victims of Medical, Legal, and Official Abuse | Other Cases |

Click Here To Send Us Your Information

Click Here or on Scales to E-Mail Us
Turn Sound On and Off Here