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Home My WebLink About2008-01-16 PACKET 04.K.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 1/16/08 0 PREPARED BY: Community_ Development Hov�rard Blin ORIGINATING DEPARTMENT STAFF AUTHOR �,��,��,��...��,��,��.�� COUNCIL ACTION REQUEST: Consider authorizing the installation of locks on 12 townhouse units in the Mississippi Dunes development. STAFF RECOMMENDATION: Adopt the resolution ordering abatement by instailing locks on 12 townhouse units in the Mississippi Dunes development. ADVISORY COMMISSION ACTION: �p _ REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICESlRIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from Howard Blin dated 1/11/O8 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS: �� .G,r' / °//"' �CityAdministrator � Date ��,��k��,,�.��,��.�� ' COUNCIL ACTION TAKEN: (v�APPROVED ❑ DENIED ❑ OTHER �� G�8° ` �� ° CITY OF MINNESOTA TO: FROM DATE: RE: COTTAGE GROVE Mayor and Members of ,he City Council Ryan Schroeder, City Administrator Howard Blin, Community Development Director January 11, 2007 Abatement Process for Mississippi Dunes Townhouses Background There are 12 unfinished townhouse units in the Mississippi Dunes development. These units are in the foreclosure process. The units have doors and windows instalied, but no locks have been installed on the doors. Neither the builder nor mortgage company has responded to numerous requests by the City to secure the units. Recommendation That the City Council adopt the attached resolution for abatement. This will allow the City to contract to have locks installed on the units with the cost for this work assessed against the property. CITY OF COTTAGE GROVE RESOLUTION NO. 08-XXX RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING HAZARDOUS PROPERTIES IN THE 6700 AND 6800 BLOCK OF 98TH STREET SOUTH WHEREAS, the City of Cottage Grove issued a building permit on August 14, 2006, for each of the three four-piex townhouse structures described as follows: � ADDRESS 6700 — 98TH Street South 6710 — 98�" Street South 6724 — 98�h Street South 6736 — 98�" Street South ! 6748 — 98 ^ Street South 6752 — 98� Street South 6768 — 98� Street South 6796 — 98� Street South 6810 — 98�^ Street South 6822 — 98�^ Street South 6848 — 98m Street South � 6852 — 98ih Street South LEGAL DESCRIPTION Lot 16, Biock 7, Mississippi Dunes Estates Addition Lot 16, Block 7, Mississippi Dunes Estates Addition Lot 16, Block 7, Mississippi Dunes Estates Addition Lot 16, Block 7, Mississippi Dunes Estates Addition Lot 16, Block 7, Mississippi Dunes Estates Addition lot 16, Block 7, Mississippi Dunes Estates Addition Lot 16, Block 7, Mississippi Dunes Estates Addition Lot 16, Block 7, Mississippi Dunes Estates Addition Lot 16, Block 7, Mississippi Dunes Estates Addition Lot 16, Block 7, Mississippi Dunes Estates Addition Lot 16, Block 7, Mississippi Dunes Estates Adtlition Lot 16, Block 7, Mississippi Dunes Estates Atldition WHEREAS, the builder started construction on alI three four-plex townhouse structures, but never completed the construction; and WHEREAS, the twelve residential units described above are hazardous because none of the residential units prevent unauthorized entry into the structures; and WHEREAS, the City Building Official inspected the property on January 9, 2008 and found none of the entrances to each unit secured; and WHEREAS, each of the twelve residential units have been determined to be uninhabitable by the City Building Official due to the condition of each unit and the builder has failed to complete construction in a timely manner pursuant to State Building Code Section 1300.0180; and WHEREAS, the City Building Officiai has concluded that each of the twelve residential units poses a serious threat to the public health and safety and that each doorway entrance must be locked to abate the hazardous condition(s); and WHEREAS, the property owner has taken no steps to abate the hazardous conditions on the described above: and Resolution No. 08-XXX Page 2 of 2 WHEREAS, Minnesota Statutes, Section 463.16 authorizes the governing body of any city or town to order the owner of any hazardous property within the municipality to correct or remove a hazardous condition; and WHEREAS, Minnesota Statutes, Section 463.15 subd. 3 defines a"hazardous property" as "any... properly, which because of inadequate maintenance, dilapidation, physical damages, unsanitary condition; or abandonment, constitutes a fire hazard or a hazard to public safety or health"; and WHEREAS, Minnesota Statutes, Section 463.161 et seq. authorizes the City to correct or remove a hazardous condition of any hazardous property if the owner of record fails to do so after a reasonable time. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cottage Grove as follows: 1. The Subject Properties are deemed hazardous as defined by Minnesota Statutes Section 463.15. 2. An Abatement Order shall be served upon ail parties with an interest in the Subject Properties in order to effectuate this Resolution. 3. The City Attorney is authorized to take all necessary legal steps to secure compliance with the Abatement Order and to obtain authority to remove the hazardous conditions on the Subject Properties by court order or consent and assess the costs against each of the twelve parcels. Adopted by the City Council of the City of Cottage Grove this 16th day of January, 2008. Sandra Shiely, Mayor Attest: Caron M. Stransky, City Clerk �