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Home My WebLink About2007-09-05 PACKET 06.AREQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 9/05/2007 ° PREPARED BY Finance Ron Nedberg ORIGINATING DEPARTMENT STAFF AUTHOR * * :Y * * * :F * * * * * * * * * * * * * * * * * * W 'k * * * 'k * k 'k * %' k * * * * * * * * * * * COUNCIL ACTION REQUEST 1. Conduct public hearing considering the assessment at 8414 66 Street South for fihe removal of public safety hazards. 2. Adopt resolution adopting the assessment at 8414 66` Street South. STAFF RECOMMENDATION Hald the pubiic hearing and adopt the resolution as proposed. : • - . � BUDGETED AMOUNT ADVISORY COMMISSION ACTiON None SUPPORT�NG DOCUMENTS � M�MO/LETTER: � RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ADMINISTRATORS COMMENTS ACTUALAMOUNT FUNDWGSOURCE �� '' � ° �°��s °� City Administrator Date ��<��,k��,«�,��.��.�«��. COUNCIL ACTION TAKEN: �PPROVED ❑ DENIED ❑ OTHER b ��' /�°� City of Cottage Grove M@�'pp � Finance and Community Development Departments TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: Ron Hedberg, Director of Finance and Administrative Services Howard Blin, Community Development Director Brenda Peper, Financiai Analyst DATE � August 23, 2007 Assessment of Charges for Removing Hazardous Conditions on Private Property Introduction Minnesota State Statutes provide cities the ability to assess the costs associated with the removai or elimination of public health or safety hazards firom private property. Recently there was a property that the City was required to remove these hazards. The property is located at 8414 66� Street South and owned by Donna M Evans and Rosemary Geiser. At the Council meeting on August 8, 2007 the City Council declared the costs to be �ssessed, ordered the preparation of the assessment roil, and called for the public hearing to be held on September 5, 2007 to consider the assessment. The assessment notice was p�blished on August 22, 2007, and the assessment notice was mailed to the property owner �s r�quired by State Statute. The action requested at this council meeting is for the Council to hold the public hearing and to then consider the adoption of the assessment. Discussion The work performed consisted of the removal of hazardous conditions on the property due to a January 2007 house fire. In April 2007, the City received a Default Judgment through Washington County District Court to remove the damaged residence because the owner failed to abate the hazardous conditions. The City abated the conditions and incurred costs for the excavation of this property in the amount of $8,000.00 plus attorney fees of $4,936.15. In addition, the City incurred charges of $96.30 to publish the assessment notice and $4.00 for placing the assessment on the tax roll. Therefore, staff recommends an assessment of $13,036.45. Once these costs are assessed it becomes a lien on the property that wiii be deducted from the escrow amount held by the City. The City received an escrow check under Minnesota Statute 65, Fire and Related Insurance. The remaining escrow funds will then be returned per this same Statute. ,: - • i•-Z�7'iT�iT�iTFTTC•7i Staffs recommends that Council hold the public hearing and pass the resolution to adopt the assessment for the removal of public safety hazards from the property located at 8414 66 Street South in the amount of $13,036.45. RESOLUTION NO. 07- RESOLUTION ADOPTING SERVICE CHRRGES FOR THE REMOVAL OR ELIMINATION OF PUBLIC SAFETY NAZARDS FROM PRIVATE PROPERTY LOCATED AT 8414 66 STREET SOUTH (PID # 04.027.21.31.0012) WHEREAS, State Statutes provide the for the assessment of costs associated with the removal or elimination of public safety hazards from private property; and WHEREAS, the primary responsibility for the removal of these hazards rests wi#h the property owner; and WHEREAS, Resolution 07- set dates for the property owner to remove these hazardous conditions or the City would remove these hazards and assess the cost against the property. NOW THEREFORE BE IT RESOLVED, the City Council of Cottage Grove, County of Washington, State of Minnesota, as foliows: 2. � C� the County Auditor to assessment shall be municipal taxes. Such proposed assessments, in the amount of $13,036.45, against parcel identification number 04.027.21.31.0012, shail constitute the special assessment against the lands named therein, and the tract of land therein included is hereby found to benefit by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payabie in equal annual installments extending over a period of 1 year, at an interest rate of 7%, the first of the instaliments to be payable on or before the first Monday in January, 2008, and shall bear interest on the entire assessment from the date of assessment of this resolution until December 31, 2008. To each subsequent instailment when due shall be added interest for one year on all unpaid instailments. The owner, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and she/he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Director of Finance shall transmit a certified duplicate of this assessment to be extended on the property tax lists of the County. Such collected and paid over in the same manner as other Passed this 5` day of September, 2007 Attest: Sandra Shiely, Mayor Caron M. Stransky, City Clerk