Mar 21, 2012
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A Minnesota man was arrested and jailed after city leaders determined he had not finished installing siding on his house.
Mitch Faber, of Burnsville, MN, was charged with “having an unfinished exterior,” according to court documents obtained by Fox News. He was ultimately sentenced to 30 days in jail but was given the opportunity to serve his sentence at home by wearing an electronic monitoring bracelet.
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Faber, who pled guilty to the code violation, said he was unable to finish the siding job because of the economy.
“It’s basically a stretch of bad luck that things haven’t been finished,” he said in court documents. “It was a remodel job where there’s a new roof, new windows, new doors, new everything; but with the economy being what it is, it’s just been very difficult; and being unemployed the last three summers, it’s been tough generating revenue; so it’s a matter of trying to get it done as quickly as possible.”
But Burnsville city leaders weren’t interested in excuses. They argued that Faber was in violation of a city code – and they wanted him to pay – by serving jail time and by paying a $1,000 fine. The judge ruled against them on the fine.
The trouble started in 2007 when Faber was initially cited, said Marty Doll, the city’s communications coordinator.
In a written statement to Fox News, Doll said this case was “very unusual in that the situation was not remedied after repeated requests.”
“The City is aware of the concerns regarding this situation, and agrees that it is extremely unfortunate that it escalated to the point that it did,” Doll wrote.
Indeed, court documents indicate that Faber was given ample time to put the siding on his house. H e was sent warning letters in 2009 and in 2010. Finally, Faber was given a deadline in 2011 – either complete the work on his house or report to jail.
“We were in the process of finishing,” Faber told television station KSTP. “This wasn’t something that we were trying to avoid.”
According to Doll, on June 1, 2011, Burnsville City inspectors arrived at Faber’s house and determined the work was still not finished.
“The homeowner also failed to appear in Court to turn himself in as was ordered by the judge,” Doll wrote. “Because of his failure to appear in Court on June 1, the City understands that the judge in the case subsequently issued a bench warrant.”
Faber said he had no idea that a bench warrant had been issued until he was stopped on a traffic violation on his way to work. He told KSTP that he was arrested and thrown in jail for two days without bail – all because he didn’t have siding on his house.
“I’m walking around in a green and white jump suit,” he told KSTP. “I had to shower in front of a sheriff. I was shackled, my wrists were handcuffed to my waist – for siding.”
Faber was released from jail two days later after a judge decided to let him finish the remainder of the sentence at home with an electronic bracelet. He eventually finished the siding project on his house.
The city is defending its aggressive position – noting they had received complaints.
“Code enforcement is an important part of making sure all neighbors can take pride in their neighborhoods,” Doll wrote. “The City agrees it unfortunate that this situation was not able to be resolved in typical fashion.”
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If they sentenced me I would have taken the jail time over the monitored home time just so I could stick the city with the cost of food and shelter while I did my time. I'd also make sure I went to the jail infirmary and had a doctor give me a full medical checkup so they could pay for that too. In other words if they wanted to make me pay for my "crime" of not being able to finish my homes siding due to financial hardship then as a hardened criminal I'd make them pay to take care of me, in a literal sense.
I only hope some sensible judge expunges this ludicris charge from this mans record…
I agree with most…hoa, town, judge went way to far but I want to hear from other home owners who's property values went way down on account of someone else not keeping up with theirs. That's why we have hoa. I'm guessing they kept fining the guy under whatever guidelines is in the contract. He has no job to pay fines and finish home…what do u do? I want to hear some other options. I know their are plenty of homeowners like me, who wouldn't be happy if they couldn't get what their house is worth cause someone else is trashing the hood. So what do you do?
Justin Russo – Are you serious? Have you ever lost a job due to being laid off, no work in your chosen field, or because the government has our economy so screwed up with debt no one is hiring. You must be young with no idea what other people have to contend with. Be careful what you say, the wheel may come around and you will find yourself in a similar circumstance standing before a narcissistic judge on the government payroll pontificating how you should handle your finances better as he throws you in debtors prison. Judges are nothing more than hyped up lawyers who think they are better than the rest of us. I see it everyday in court. If they couldn't impose fines or fill the jails with non-criminal types there would be no need for them causing them to have to get real jobs in the private sector that wouldn't put up with their holy than thou attitude.
Justin Russo – Are you serious? Have you ever lost a job due to being laid off, no work in your chosen field, or because the government has our economy so screwed up with debt no one is hiring. You must be young with no idea what other people have to contend with. Be careful what you say, the wheel may come around and you will find yourself in a similar circumstance standing before a narcissistic judge on the government payroll pontificating how you should handle your finances better as he throws you in debtors prison. Judges are nothing more than hyped up lawyers who think they are better than the rest of us. I see it everyday in court. If they couldn't impose fines or fill the jails with non-criminal types there would be no need for them causing them to have to get real jobs in the private sector that wouldn't put up with their holy than thou attitude.
This case started in 2007 and he was sent several notices that he ignored. When he was cited to court he would have been served with a summons telling him when to appear. This guy was arrested because when you don't appear in court, the judges typically issue a bench warrant for your arrest. The story makes it sound like he was arrested because of the siding. He was arrested because he failed to respond to a court summons. If you getting a speeding ticket, you have the option to pay the fine or go to court. If you don't pay the fine and don't appear in court, the judge will issue a bench warrant. This is standard procedure.
He's probably like the rest of us with common sense and decided this was ignorant and not worth the time. I don't pay HOA dues because I disagree with them. I don't stop hiking in public lands because there's a sign that says "no". I bring a Glock. We all need to stand against Liberal ignorance.
He should have been served, but don't presume that he was. Happens out here all the time.
He should have been served, but don't presume that he was. Happens out here all the time.
Ralph the issue was that he was unemployed, and because of that he could not afford to finish . How many of us have lost a job without warning? Perhaps he was worried about going bankrupt, or having to move? Whatever the choice he made others would have bashed it. He was in a no win situation. Perhaps as mentioned previously family , church or friends should have helped out. Remember , judge not, lest you also be judged.
The outrage machine likes to operate on the view that 'guvment is full o' eveel peepol lookin to take yo rights away'. In reality, they are usually the sane and rational ones, as you have pointed out. But the real story doesn't match Fox News narrative that government is evil.
Steve Woods , My husband lost his job in a lumber yard when the housing market fell, a month before christmas and six weeks before i had our daughter…We had to beg borrow and steal for diapers…am I a criminal? Plenty of people would say yeah, but you know what, I would do it again if I had to, you can't help the situations you end up in sometimes. I really wish people would realize this and pull together instead of judging others with no clue about what they are going through…
Ralph: In December 2010, he was ordered to complete the siding (and seed the lawn) by June 1, or turn himself into jail. We completed the work (with the exception of a small ribbon of stone finishing work between the stucco and the stone) on May 21. We thought we had fully complied. Mitch was never notified that Burnsville still did not consider the work in compliance, nor was he informed there was a warrant for his arrest.
Un-frigging-believable. So much for life, liberty and the pursuit of happiness. Some places have laws against "nuisance lawsuits", perhaps it's time for laws against "nuisance ordinances" or "nuisance politicians". Whoever dreamed up this one must have been picked on as a child.
That's one state I'll never live in.
What do you bet, this town is run by mindless dimocraps.
What do you bet, this town is run by mindless dimocraps.
Good for the city of Burnsville! Since 2007 and still not complete? How would you like to like next to a house that looks like that. I have been living next to a house for 20 years with a tar paper roof and tar paper siding. I can hardly get the City of Farmington to keep on issueing new permits every time they expire. I think the City of Burnsville gave the owners 4-5 years to complete – that is plenty of time to fingure out a way to at least make it look decent. This type of situation makes the home value go down so they pay less taxes so what is the insentive to complete? The home owners next door or across the street have to look at it everyday and if they want to sell who will buy their homes in a neighborhood with a house looking like that? Before bad mouthing the city ask yourself if you would want that next door to you. I know I don't.
Good for the city of Burnsville! Since 2007 and still not complete? How would you like to like next to a house that looks like that. I have been living next to a house for 20 years with a tar paper roof and tar paper siding. I can hardly get the City of Farmington to keep on issueing new permits every time they expire. I think the City of Burnsville gave the owners 4-5 years to complete – that is plenty of time to fingure out a way to at least make it look decent. This type of situation makes the home value go down so they pay less taxes so what is the insentive to complete? The home owners next door or across the street have to look at it everyday and if they want to sell who will buy their homes in a neighborhood with a house looking like that? Before bad mouthing the city ask yourself if you would want that next door to you. I know I don't.
I wouldn't care what someone else's house looks like who lives next door. It's not my house. It's their house. And if I knew they were trying to get it done but they couldn't because they were unemployed for three years then I wouldn't give them a hard time. In fact, I might offer to help or if I knew someone who did siding, ask them if they could give them a deal and work something out.
I guess I look at it knowing that sometimes shit happens and people can't finish things when they planned to. Not because they don't want to – but due to money, circumstances, etc. I just think the city could have tried to work out some kind of timeline knowing he didn't have a job instead of issuing citation after citation.
Kim: This was not just a siding project; it was a massive 10 +-year project involving a large addition, all new plumbing/electrical/heating systems (which were not up to code), new roof/soffits/gutters, top-of-the-line Andersen windows/doors/sliders, two new bathrooms, not to mention tons of landscaping including boulder retaining walls, gardens, and 10 full-grown evergreens. Not being able to finish the siding was like running 26 miles of a marathon and not being able to finish the last few hundred yards because of a blown Achilles' heel. Our "heel" just happened to be catastrophic financial events. The home was purchased for $126,000 and, even in this down market, is for sale for $360,000. We have several neighbors whose houses look like garbage houses. There is even a chicken coop in the front yard of one.
This kind of stuff wants ya to lock and load.
Moral to this story — refinish the front of your house first!
These town, city, and county governments have gotten out of hand. When SHTF, people will remember these polititions.
Just do the right thing and vote them all out of office.
Maybe a better solution would have been for the city to meet the deadline by loaning him the money until he could find a job and repay the money. What lesson was he to learn about being confined to house arrest? If tells me the powers that be aren't listening, and Heaven forbid that they ever find themselves in the same position. Digging in your heels and stomping your feet does not give this man a job or the means to complete the job. Perhaps a little grace would.
Minnesota…… who would have thought you were so f&ck"d up….ya got a limit on how many dogs a person can own too ya know….
Moral of the story… instead of dropping bombs in Iraq we should have dropped government officials!
Follow the law or else you deserve what comes to you.
Really?? what about when the law is impossible to follow? I can point out several! You really need to educate yourself on the state of our current legal system! I will shut up and go away if you can just tell me the number of laws you have to follow… Not what they are or what they cover or any of then many fine points! Just the total number!!! Good luck you will need it! Even government officials have said they have no idea how many laws there are… Oh and remember ignorance of the law is no excuse!!!
It is pretty easy to follow in this instance. Put siding on your house.
By the way, funny thing when you are talking about myself getting educated. I am graduating with honors in May from law school. Is that enough education on the legal system for you?
Follow the law or else you deserve what comes to you.
Burnsville politicians and court systems have a Brain Freeze…Most cities would have had the job brought up, at least to minimum code, then lien the property or property taxes…City will probably claim lack of funds but how much did it cost them to letigate…Don't ever give a politician an IQ test…you will be amazed.
I wonder if these "city leaders" are as watchful concerning the 174 pre-foreclosures/foreclosures they have in their city. These would be more of an eyesore and/or hazard to the community than a house that is lived in but just not finished.
Amazing. Our government is completely out of control! We talk about things just like this over at http://epautos.com/.
That news anchor is HOT! HooYah!
So a felony crime of being in here illegally isn't punished but this is?
Laws are enforced selectively, the city government was quoted as saying "we had complaints" so if nobody complains I guess its OK to commit felonies???
Actually, he was jailed for not showing up for court. Interesting point to remember.
welcome to The world Of progressivism/communisim..if you don't beleive it yet take a look back into history ,, the part you were never told about..stuart chase and fabian socialism is a start…theman who coined the phrase the new deal..well here were are…only we have a marxist doing it…rpogressives in both partys..teddy rosevelt started it and woodrow wilson ADN fdr really got it going…If you have freedom and liberty where do you progresi too? Nixon a progressive gave us the EPA,,, they are in BOTH partys.
look at the history of maurice strong as head of the UN..see where all this lie of global warming started and why…then you follow the people of it >>GEORGE SOROS….
Here's an alternative suggestion for city officials: Let's repeal the law that forces you to stand on the sidewalk staring at someone else's house. Oh, there's no such law? Then what's the problem? If you think this fellow's house is ugly… don't look at it.
What can we expect from a state that its citizens elected the moron Al Franken as a Senator…Lawless and out of control community organizers insane with power…making themselves important…
I WOULD NEVER LIVE IN THAT F'ING TOWN, TELL THEM TO GO TO HELL!
Hey people of Minnesota… how do you like them apples! Government officials can lockup a citizen in jail for 30 days because he didn't finish his home improvement project while they themselves can not be arrested, charged, convicted, nor punished for driving while intoxicated. Wow… only in a liberal America.
"…had received complaints." Those neighbors who COMPLAINED that the neighborhood didn't good because of his house should have gotten off of their assets and been NEIGHBORLY and HELPED him. "Hey man, I see you've been struggling and now politicians want to give you a hard time. Let's get this thing done together." Helping your neighbor is what built good neighborhoods, not the stodgy whiners who push cities to pass ordinances to punish their neighbors.
Strangely, we obtained the Burnsville files, and there is but a single registered complaint.
WOW! City Hall has way too much power! Leave this poor guy alone! Don't you all have anything better to do? I hope he finds a way to sue you a s s e s!
Let's kick this clown while he's down. We'll bankrupt him and then take away his house. All power to the State!
You put me in jail for not siding a house, you better keep me there.
You don't want me loose.
The article said he was initially cited in 2007. He's had five years to figure this out. I would imagine the fine has less to do with the actual siding and more to with ignoring the law and judgements.
WELCOME TO NAZI COUNTRY. THIS IS WHAT OUR "FREE" COUNTRY IS TURNING INTO…..
Every heard the phrase, Choose your battle. Really, this is one town I wouldn't want to live in. Pretentious people always make me gag!
This is about control. He went to jail because he didn't appear in court as ordered by our rulers. It's the same oppression as the ace playing card system in the movie "instinct".
In that movie, the prison guards issued one playing card to each inmate. Only the person with the ace of hearts got to go outside. There was a big bruiser of an inmate that would bully anyone until they gave up the ace. The guards would use that to punish inmates and control the community with fear.
Our rulers have to maintain the illusion that they are in control and so anyone that defies their declaration of authority is gonna get it. Logic doesn't play any part in this. It's about the illusion of control.
Shame on Fox for not getting the whole story. The dude is a Bum and a lazy one at that. Mr. Faber first obtained his permit way back in 2001. Unless he was one hundred percent vested in Enron the economy was pretty good back then and continued for several years. Eeven though his permit exspired after one year and he did not renew or file for an extension. the city let him slide for ten years. He even had the stone siding enough to complete the job, laying around on pallets for several years. This was not the first time. ten years ago he also had a property in the next town over and pulled the same stuff. when that city finnally theatened to condem his property for refusing to make repairs, he sold the property on Craigslist and the new owner elected to tear the house down insted of repairing. I'm glad I did not live next to him and see my already declining property value slide farther down due to his trashy house and Lazy life style. If I was the Judge, I would have thown him in jail just for being so stupid and wasting my time.
I live in the City of Burnsville in Dakota County. Right across the street from me a man has been in violation of city ordinance by having his firewood stacked up in his front yard. The city ordinance says firewood can only be stacked in the back of your house. We we live about 3 or 4 miles from the Town Hall and the cops. Someone is definitely picking on the guy about his siding. This really makes me angry. You can drive around to any neighborhood and there are all kinds of violations. Just stupid…
And my neighbor's firewood stack has been there since I moved here 7 years ago. The city hasn't even hinted about him following city ordinance.
Atlas will and has shrugged in America, any sane person will NEVER run a company in America under these terms and Conditions, and this is precisely what the Big Corporations want as they want a complete Monopoly on all Industry with zero competition. US as their slaves. Do not partake in the system. Grow your own food, pull you money out of wallstreet and put it in a local credit union. Support your local growers markets. Get out of the system as much as you can, become a Sovereign National.