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| Photo by Deb Barnes The Citizen November 2010 |
Judge Orders Retaining Walls Removed in Centerville Criminal Case
CENTERVILLE - It took 76-year-old Norma Essex 14 years to build the block landscaping walls in her back yard on Old Mill Roadone block at a time. But unless those walls are completely removed by June 8, an Anoka County judge will order her to jail for 10 days.
Essex’s parole violation hearing on Jan. 26 was the latest in a series of hearings related to criminal charges filed by the City of Centerville Oct. 2, 2008. “I have a hard time putting my hands around this mess,” District Court Judge Jenny Walker Jasper said.
The city’s actions stemmed from complaints received from one of Essex’s neighbors along Clearwater Creek, City Administrator Dallas Larson told The Citizen in an interview last year. City Attorney Kurt Glaser said two of the walls, which are each under 4 feet in height, were constructed too close together to be considered separate structures, and when their heights are added together, the cumulative height invokes the requirement for a permit. Although Essex has made application, the city has thus far declined to issue the permit
The Experts Weigh In
Essex has said she never placed fill within the floodplain, a statement corroborated by a letter dated July 9, 2010 from Rice Creek Watershed District’s Water Resource Specialist Kyle Axtell. “Our review of the project site (as of Oct. 22, 2008) confirmed that no fill has been placed below the 100-year flood elevation,” Axtell said. “My suggestion would be to leave the retaining walls as they currently exist unless a substantial failure is expected … Disturbance of the embankment to rebuild the wall would undoubtedly cause much more harm to the resource than leaving it alone,” Axtell stated.
In response to Palzer’s (Public Works Director) request that she work with a certified design professional, Essex also obtained an opinion from landscape designer Alan Strohbehn of Goetz Landscape, Inc. “…I strongly believe (the walls) should be left alone,” Strohbehn said. They are in incredibly good shape for being built (14) years ago.” “There is no access for equipment,” Strohbehn added. “The steepness of the bank itself and existing tree roots will make it nearly impossible for crews to get a foothold to dig trenches and handle heavy blocks.”
Complaint-Driven Enforcement
The complaints against Essex were reportedly initiated at Centerville City Hall by her next-door neighbors, Timothy and Lori Glasow. Essex has had an ongoing feud with her neighbors. Last August, she obtained a Restraining Order following a series of incidents that a judge deemed to be harassment. Lori Glasow declined to comment when contacted for this story.
Like many other cities, the City of Centerville—lacking the funds to hire a full-time code enforcement officer—pursues code violations on a complaint basis. Essex and her attorney believe the city’s action was discriminatory. Erickson wrote in one court document, “The filing of the charges against Norma Essex is an exercise in discriminatory prosecution/selective prosecution in that over 30 different residences have been identified as having easement violations (of a similar nature to the bricks), none of which have been prosecuted.” As it stands now, Judge Walker Jasper ordered Essex to remove the walls by June 8 in what she called a “phased” plan. If the walls are not removed, Essex will spend 10 days in jail.
To read the entire story which has far greater detail, please follow this link
By Deb Barnes, Citizen Editor
Update 3/5/2011
I would like to thank everyone for their support and those who volunteered to spend a night in jail for me. I doubt the court would let you, but many thanks.
The City seems to want to punish me as hard as they can.
The bottom line is, I never needed a permit from the City for the retaining wall because it is under 4 feet. The city is using a 2006 code to justify their venture. The wall was built 10 years before the 2006 code was adopted.
You draw your own conclusion.
Norma
38 comments:
Nice, Centerville officials. I'm sure there was no way to work things out with a 76 year old woman other than throw her in jail. How much money was the City Attorney paid for this nonsense that was initiated by some harassing neighbors?
What happened to a society that used to respect and help our seniors? The restraining order and two expert letters tell the sad tale of a truly pitiful story.
How much $$$$ has the attorney for Centerville made off this case against this poor woman? Obviously beneficial to the city attorney if the case is long and drawn out - 3 years constitutes harassment on the city's part to be sure. Does the attorney pay for his yearly Caribbean vacations this way? Hmmm.....
Perfect example of its not who you are but rather who your friends are. Reminds me of that country song. I've Got Friends In Low Places
Seems appropriately fitting to this story.
Intriguing that the City would overlook the experts (they requested be brought in) and continue this persecution of a resident.
Further, why did they wait all these years to prosecute? Something smells really fishy in Centerville. Especially this business about the City's action stemming from a neighbor that was clearly harassing this lady. Proven by the restraining order granted against them.
On a brighter note, thank you Deb Barnes. You obviously have done your homework and spent quite a bit of time investigating to have completed such a well written, very detailed story. That is refreshing in this day of the internet and not something we often see anymore.
Kudos!
Well, Glaser, is this the way you want your mother treated? Shame on you.
This goes for you too, Dallas and Paul.
Matthew 7:12
Do unto others as you would have them do unto you.
AKA The Golden Rule.
Maybe the neighbors and the City officials should pay attention to this simple phrase.
Either the ordinance applies to all equally or it should not apply at all.
I was raised to respect my elders and assist them whenever I could.
What is this world coming to? City Attorneys prosecuting seniors for billable hours and the love of money? Not happy to be part of it by paying the bill with my tax dollars.
Shame on Centerville for allowing this travesty!
Now that Capra is out, let's hope our new mayor can help resolve this case.
How much is Glaser making on this? I'll bet your pockets are full now.
Is this all Paul's doing or is Dallas doing the steering?
Really, after 14 years you go after a senior. Why did it take you so long? From the story there are others violating the codes. When are you going after them?
You ask for a professional and then ignore what he says. Is it because you were hoping they would agree with you.
Paul, how much of a professional are you on retaining walls?
The retaining wall is 14 years old---you didn't need a permit back then! How ridiculous for the neighbors of this senior citizen to make a complaint now--and for the City of Centerville (or should I say Dallas and Paul)to actually spend time and money on this!
These neighbors need to find something better to do with their time, other than "play bully". They appear childish and hateful.
With neighbors like this-who would want to move to Centerville?
Have these neighbors and City Hall thought of the stress this is having on this senior citizen! This is extreme duress...and it needs to stop.
How much time and $$$$ is the city of Centerville going to continue to fork out on this case---and others like it! One can only assume there will be other narnicistic neighbors that will follow suit in the persuit of "I'm right--and everyone else is wrong mentality". Sounds like a third grade play ground!
Grow up and leave this poor woman alone.
After going back years of reading articles in the paper and trying to understand Old Mill Road...and the people who live there. There seems to be such anger and hatred between neighbors on that block.
This case seems to be adding fuel to the fire.
Why such hatred?
Why such anger?
Why such vengence?
It's real simple---"Do unto other's as you would want them to do unto you".
In spite of your differences---you can choose to turn the other cheek!
Exactly that---it is a choice!
Shame on all of you...turn off your spy cameras and microphones
and get on with life.
You will find life much more enjoyable by just being nice.
Clearly, the Anoka County Judge did not do her homework on this one! Shame on her!
Who exactly is running the city of Centerville?
Is the mayor taking orders from Paul and Dallas?
As Mayor, Tom needs to pull the reins in on his boys! Before the city gets sued!
Perhaps the senior citizen needs a better lawyer. One that sues for harassment.
And those neighbors from hell-well they just need to shutup and stop harassing a senior citizen. Doesn't this violate the restraining order against them?
Actually, this story is not a violation of the restraining order. The neighbors did not write it and declined comment, which is their right and probably the correct action considering the circumstances.
Ultimately the final decision to prosecute was made by Centerville officials which is where the blame should rest.
The blog is about the City of Centerville, not our individual private residents.
They are saying around town that one of the final actions of outgoing Mayor Capra & Council was to vote/recommend (?) continuation of litigation against this woman. Does anyone know if this is true or not? One thing is true, Capra could have put an end to it long before. Why didn't she?
It is the result of the neighbors constant complaints that the City is out to punish the senior as severely as they can.
The City didn't seem to know how to stop it due to the policy of "on complaint basis"
How about ENOUGH is ENOUGH. Why did the City let the neighbor abuse the policy for attacking the senior?
after reading the article and talking with a neighbor we decided we would be willing to serve a day in jail in place of Ms. Essex. anyone want to join us? only 8 more people needed.
I am also willing to serve a day in jail in place of Ms. Essex.
Shame on the city of Centerville!
This should never have gone this far. This very sad story only goes to show that Centerville is a very unkind place to live.
Shame on you Tom and Steve for not speaking out and doing something to stop this.
Perhaps you both should also consider serving a day in jail on Ms. Essex behalf. (all though I sincerely think it ought to be everyone on the city council including the city attorney and the horrific neighbors)
Let's get The Citizen to print a follow up story and include the names of those who are willing to spend a day in jail for Ms.Essex.
Headline...Right is right-Wrong is wrong!
Tom (Mayor) and Steve (Council) should NOT consider spending any time in jail and do not deserve your shame. This fiasco occurred long before either of them took office. They were just sworn in last month for petes sake. Did you not read the entire article?
This has been going on for a long time.
All other members of the city have been complicit in this matter and do deserve the public criticism. That includes now out of office Mary Capra and Linda Vickers, too.
Mark this post as one more willing to do a day in jail. We're up to 4 only 6 more to go.
Someone should contact the major media on this story.
Okay, everyone while its noble to offer to spend a night in jail for Ms. Essex, we know that will not happen. However, what the residents could do is have everyone come together on an afternoon and help her dismantle that wall!!! We will have to do that prior to June, then no one has to be concerned about going to jail!! Okay everyone, let's pull together for our senior citizen!!
One way to give support for the senior is everyone show up at the next council meeting and everyone object to singling out this woman. Maybe then the City will come to their senses.
I doubt Dallas, Paul, and Glaser can really justify their decision.
Look at the picture again. Does it really show that the wall is falling apart and needs to be replaced after standing 14 years?
Sounds to me like speaking out against Glaser will only make you the next city's victim! God forbid a Centerville resident exercise a civic right wirh these people (Glaser, Larson) around!
I will go to jail for one day to keep a senior citizen out of jail in my community.
What has the world come to? This story is extremely disturbing!
We're up to 5 volunteers with only 5 more to go in just one day!
Double dog dare you not to get involved!!!!
Maybe an ad in the local paper would recruit many more advocates?
Someone has to be giving the orders to go after this senior citizen. It can't be the newly elected officials, they weren't in office when this all started. That leaves five names.
Dallas? Paul? Glazer? D.Love? And out going Mayor, Mary Capra.
Unless their discussions about this case can be heard at legal council meetings...the only other conclusion is that their discussions are behind closed doors! If that IS the case--it IS illegal. (Check with your own legal council to verify this.)
Any "directive" where a city attorney is involved there has to be a paper trail of the "directive"
for it to be legal.
A city attorney cannot just file charges on anyone, or for any reason.
That is true, but there are residents that had legal counsel that could not get the city to cough up official documents! So it would be interesting to see how many residents/citizens could go to city hall and requesr that paper trail. I guarantee they will be treated rudely and will never get the requested information. I would even bet it doesnt exist! I challenge anyone/everyone to give it a try.
I have many years in the "Highway and Heavy" construction field. Therefore, I deal with erosion control on every project. A requirement for work I do
is to be licensed as a "Erosion/Sediment Control Specialist". I have attended several classes and taken some tests and carry a card that attests to those facts. In order to work on State/County/City projects someone in the organization needs to be licensed.
Many erosion control problems have easy common sense solutions. In the case of the ret. wall: it would be best if it could be left in place.
If removal is required, it should only be removed to just below existing grade( groundline ).
I would be willing to help remove the wall; if it comes to that.
See--now that's a nice person! That's all it takes, common sense and people being nice.
Thanks Dean!
I am not sure the current council is capable of showing the guts it takes to drop the criminal action. I will say both parties are at fault. I am a firm believer in proprty rights, but there are rules to be followed for the common good. Norma has pushed the limits and did not follow rules. But, the city needs to work this our withoug criminal charges. Come on, trying to stick a resident with criminal charges over a retaining wall. I am embarrased to live in a city that would do such a thing. Attorney Glaser, Dallas, Paulser and anyone agreeing such action has got to go. The council still cannot be trusted untile they get the city to stop criminal action!!
It seems the city is going by the codes of today which are different than 14 years ago.
Rules to follow. How many of you know all the rules and when or if you need to check before doing anything in your yard.
And, what about all the other residences who have been identified as having easement violations. Why isn't the city going after them? I think Essex is being singled out. As the paper said the charges is an exercise in discriminatory prosecution/selective prosecution.
How many Centerville residents know that there are "strict" rules regarding fences in the front yard in our city? Besides, I would be willing to bet the Essex's looked into that. If these neighbor's are having trouble without a fence, I can only imagine the problems that would come up with the maintenance of a fence!! If the lawn mower ruined the lawn, what kind of damage can be done to a fence that belongs to someone you don't like??? Sad thought isn't it...seems to me this is a damned if you do and a damned if you don't situation...
This city Cherry Picks and enforces only what It wants. I have a neighbor that has a 6 foot fence 18 inches in on my front yard. I have another neighbor that I asked to sign a paper so that I could put a fence in my backyard on my side of the property. They did not sign it so I had to put the fence 2 feet into my yard. Then they put up a fence in their back yard and hooked up to mine and never got it in writing from me to do so. I informed the city and they did nothing. But they will send out a cop to make sure you pick up dog crap in the middle of March when its frozen in the ice and snow. Then the cop comes out the next day to check like I need a baby sitter.
I would like to thank everyone for their support and those who volunteered to spend a night in jail for me. I doubt the court would let you, but many thanks.
The City seems to want to punish me as hard as they can.
The bottom line is, I never needed a permit from the City for the retaining wall because it is under 4 feet. The city is using a 2006 code to justify their venture. The wall was built 10 years before the 2006 code was adopted.
You draw your own conclusion.
Norma
Let us make sure that we have all of the facts straight. According to Deb Barnes with The Citizen; The Essex’s did plead guilty to the violation of the ordinance. Fact! The question is how they and or the city correct the issue. Is it better to ask for forgiveness than permission? If there are no consequences for our actions why have rules or ordinances to begin with. Let’s try to work together.
It may be true that more damage may occur if contractors are hired to rework the wall. If that is the case maybe the two parties could work out an alternative solution. Maybe a monetary settlement? I apologize for not being politically correct but the one party being a senior citizen is irrelevant. Money is tight everywhere whether your 18 or 84. A couple of anonymous bloggers offered to help remove the wall, sounds like another good solution. There is a great story; neighbors helping neighbors.
The article in The Citizen mentioned that there were allegedly 30 other similar violations, according to the Essex’s attorney. Who reported these violations? Are they really violations? Initially the Essex’s went around the city accused over 100 residents of being in some sort of ordinance violation; of which I was one. I spoke with the city about my situation and I was not in violation. I also asked about the other so called violations; I do not remember the exact number but according to the city about 20 were in violation and that several residences had taken care of the issue. I am sure if Deb Barnes with the Citizen wanted to get all the facts that would clear up some questions.
Obviously there was a communication breakdown between the city and the Essex’s. That being said, they did plead guilty and should have to pay the piper.
If I were the owner, I would not want anyone on the hill because it looks very steep. If anyone injured him/herself, the owner could be sued.
I suspect the City Attorney Jerk Glaser and Dallas Larson will be sued for harassment.
Brian Essex
Why hasn't Glazer and Larson been Fired?
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