State v. Ellis

476 N.W.2d 662, 1991 Minn. App. LEXIS 1001, 1991 WL 210388
CourtCourt of Appeals of Minnesota
DecidedOctober 22, 1991
DocketC0-90-2512
StatusPublished
Cited by1 cases

This text of 476 N.W.2d 662 (State v. Ellis) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ellis, 476 N.W.2d 662, 1991 Minn. App. LEXIS 1001, 1991 WL 210388 (Mich. Ct. App. 1991).

Opinion

OPINION

AMUNDSON, Judge.

Appellant claims Minneapolis, Minn., Code of Ordinances § 244.500 (1982) and § 244.530 (1985), are unconstitutionally vague on their face and as applied. He also contends Minneapolis, Minn.Code of Ordinances § 87.90(f) (1978) does not make it a crime to fail to comply with a written order under the Minneapolis Housing Maintenance Code. Further, he argues he was denied a fair trial and the evidence was insufficient to support his conviction. We affirm.

FACTS

Appellant Andrew Ellis was employed by the City of Minneapolis Inspections Department as an inspector from 1969 until 1990. During that time he owned investment rental properties located in Minneapolis. In 1976 the Department of Inspections started annual inspections of rental properties owned by department employees. In May 1989 Ellis’ properties were inspected by Woody Dixon and Michael Osmonson. After the inspection, the Department issued Ellis 97 written orders to repair or properly maintain his properties. Many of the problems were repaired or the warnings were abated by department policy. In September 1989 the properties were reinspected and Ellis was warned to make remaining repairs.

A reinspection in October 1989, however, revealed several unrepaired items. Consequently, the Department issued misdemeanor citations on each of Ellis’ seven properties, charging him with failing to comply with written repair orders. Minneapolis, Minn., Code of Ordinances § 87.-90(f). These properties were labeled A-G at the trial. The state’s complaint included several housing code violations for each of the properties.

*664 Following a trial, the jury returned guilty verdicts on two complaints, one relating to violations on property A and one relating to violations on property B. Ellis moved for judgment of acquittal on both properties, which the trial court denied. After evaluating each inspection violation, however, the trial court granted Ellis’ motion for a new trial on property B. It found the evidence sufficient to support conviction for each violation of property A. Ellis appeals his conviction.

ISSUES

1. Are Minneapolis, Minn., Code of Ordinances §§ 244.500 and 244.530 unconstitutionally vague either facially or as applied to appellant’s conduct?

2. Does Minneapolis, Minn., Code of Ordinances § 87.90(f) make it a crime to fail to comply with a written order from the Director of Inspections under the Minneapolis Housing Maintenance Code?

3. Did appellant receive a fair trial when the state combined several order violations into a single misdemeanor charge?

4. Was the evidence sufficient to support appellant’s conviction on property A?

ANALYSIS

I.

Ellis argues two provisions of the Minneapolis Code are unconstitutionally vague. The Code provides:

All exterior surfaces shall be of a material manufactured or processed specifically for use in such a weather-exposed location, including redwood and other naturally suitable materials, and every exteri- or wall, chimney, foundation and roof shall be reasonably weathertight, watertight and rodentproof; and shall be kept in a professional state of maintenance and repair. Exterior walls shall be maintained and kept free from dilapidation by cracks, tears or breaks or from deteriorated plaster, stucco, brick, wood or other material that is extensive and gives evidence of long neglect.

Minneapolis, Minn., Code of Ordinances § 244.500 (emphasis added). The Code also provides:

Every window, exterior door and basement hatchway shall be reasonably weathertight, watertight and rodent-proof; and shall be kept in a professional state of maintenance and repair.

Minneapolis, Minn., Code of Ordinances § 244.530 (emphasis added).

Ellis contends the phrases “professional state of maintenance and repair” and “extensive and gives evidence of long neglect” are unconstitutionally vague on their face and as applied to him. We disagree.

Ordinances are presumed valid and are not to be found unconstitutional unless they are shown to violate the constitution beyond a reasonable doubt. City of Richfield v. Local No. 1215, Int’l Ass’n of Fire Fighters, 276 N.W.2d 42, 45 (Minn. 1979). The burden of proof is on the person attacking the validity of the ordinance. State v. Perry, 269 Minn. 204, 206, 130 N.W.2d 343, 345 (1964). Vagueness challenges to ordinances that do not involve the first amendment, must be examined in light of the facts in the case at hand. State v. Becker, 351 N.W.2d 923, 925 (Minn.1984). The ordinances are unconstitutionally vague as applied to Ellis’ conduct if they fail to “define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discretionary enforcement.” State v. Newstrom, 371 N.W.2d 525, 528 (Minn.1985) (quoting Kolender v. Lawson, 461 U.S. 352, 353, 103 S.Ct. 1855, 1858, 75 L.Ed.2d 903 (1983)). Because the ordinances in question do not reach constitutionally protected conduct, unless the ordinance is vague as applied to Ellis’ actual conduct, the vagueness challenge fails. See Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494, 102 S.Ct. 1186, 1191, 71 L.Ed.2d 362 (1982)

We hold the phrases “professional state of maintenance and repair” and “extensive and gives evidence of long neglect” are not unconstitutionally vague as applied *665 to Ellis’ conduct. Ellis claims that because these phrases are subject to interpretation by housing authority employees, they are overly vague. All language is subject to interpretation. Municipalities cannot be required to legislate so precisely that there is never any disagreement over the meaning of terms. Such a requirement would provide an excuse for citizens who do not wish to obey the law.

Equally important, the 1989 written repair orders Ellis received described what conditions of his rental properties violated the ordinances. Thus he could reasonably determine what conduct was prohibited and what the city’s ordinances required him to do. Moreover, the term “professional state of maintenance and repair” is defined in the Minneapolis Code. Minneapolis, Minn., Code of Ordinances § 244.40 (1983) (maintenance and repair shall be done in a “reasonably skilled manner”.) Accordingly, the two ordinances meet the standard required by due process.

This case is distinguishable from State v. Reha, 474 N.W.2d 360

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Related

Arcadia Development Corp. v. City of Bloomington
552 N.W.2d 281 (Court of Appeals of Minnesota, 1996)

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Bluebook (online)
476 N.W.2d 662, 1991 Minn. App. LEXIS 1001, 1991 WL 210388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ellis-minnctapp-1991.