DIY Project Could Lead to Jail Time

A Minnesota woman could land in jail because of a dispute over this retaining wall that she installed on her property.

It took 76-year-old Norma Essex 14 years to build the block landscaping walls in her back yard one block at a time. But unless those walls are completely removed by June 8, a 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, Minn. in Oct. 2008.

''I have a hard time putting my hands around this mess,'' District Court Judge Jenny Walker Jasper said.

The city's complaint cited Essex's failure to obtain permits for walls and fill material she placed in her back yard, as well as an easement encroachment permit to obstruct public right-of-way in the front yard of the home she shares with her 81-year-old husband, Burton.

A failure to obtain such permits is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine.

The city's actions stemmed from complaints received from one of Essex's neighbors.

Centerville 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.

In December 2008, one year after the city filed charges, Essex avoided a trial by pleading guilty - something she says she now regrets doing - to a single charge of obstruction of public right-of-way in her front yard.

As part of the plea agreement, Judge Nancy J. Logering gave Essex 12 months to obtain a city permit. If that were not accomplished, Essex would spend 10 days in jail.

Thirteen months later, that process is not complete.

The city wants Essex to ''pull out a retaining wall on her property and reconstruct it to building standards,'' Glaser said. He also stated Essex had placed fill within the floodplain. ''We have to protect our watershed,'' he said.

Essex's attorney, Jon Erickson of Barna Guzy & Steffen, argued removing the wall would cause more harm than good.

''They really want us to tear down that wall, expose that side of the hill to the creek?'' Erickson asked. ''It's a steep hill. Right now, it is totally stabilized. That's a steep, potentially erodible bank in high water. I don't think it makes sense to fix a wall that appears not to need it.''

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. 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.

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.