HomeMy WebLinkAbout2010-05-05 PACKET 04.Q.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 5/5/2010
INVOLTUA 1:7 am
Community Development
ORIGINATING DEPARTMENT
. .:
DEPARTMENT HEAD
COUNCIL ACTION REQUEST
Consider adopting a resolution ordering the abatement of unsafe and unsanitary conditions at
8069 71st Street Court South.
STAFF RECOMMENDATION
Adopt the resolution.
SUPPORTING DOCUMENTS
® MEMO /LETTER:
® RESOLUTION: Draft.
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
City Administrator �' � ate`
COUNCIL ACTION TAKEN: APPROVED ❑ DENIED
`°
❑ OTHER
Documentl
CITY OF
MINNESOTA
COTTAGE GROVE
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: Ben Pierson, Code Enforcement Officer
DATE: May 5, 2010
RE: Nuisance Abatement at 8069 71S Street Court South
On Monday, May 3, 2010 it was brought the attention of the Building Division following a
police report from Sunday, May 2, 2010 that unsafe & unsanitary conditions were being
maintained at 8069 71S Street South. In response to the report of these conditions
building staff along with representatives from the county and family members visited the
property to verify any violations on Wednesday, May 05, 2010.
Upon inspection building staff verified the home to be cluttered with personal belongings
and trash beyond a level which would permit reasonable means of egress in case of an
emergency. In addition, an excessive amount of animal feces was found throughout the
property, as well as urine saturated carpets throughout the premises.
On Wednesday, May 05, 2010 the property was posted as condemned, secured, and
vacated until the property is thoroughly cleaned out, sanitized, and approved for
occupancy by the Building Division staff.
Recommendation
That the City Council adopts a resolution ordering the abatement of the property at 8069
71 st Street South. Should this resolution be adopted, the property owner will be required
to abate the conditions within 10 days of the notification of this resolution. Failure to
abate the conditions by this deadline will result in the City taking the required corrective
measures with all costs assumed by the property owner.
RESOLUTION NO. 2010 -XXX
RESOLUTION ORDERING THE ABATEMENT OF UNSAFE &
UNSANITARY CONDITIONS AT 8069 71 STREET COURT SOUTH
WHEREAS, Joanne M. Bader ( "Owner ") owns property commonly known as 8069 71
Street Court South (the "Property "), located in the City of Cottage Grove ( "City "); and
WHEREAS, Owner maintains unsafe and unsanitary conditions on the Property in
violation of City Code Title 9 -1 -2; and
WHEREAS, the accumulation of material within the property is found to create a
hazardous condition to any occupants to promote blight, to attract rodents, and otherwise
adversely affect the surrounding residential neighborhood; and
WHEREAS, the presence of excessive amounts of animal feces, and urine saturated
carpet is found to pose a significant threat to the safety of the occupants, and
WHEREAS, the property was deemed a health and safety hazard to occupants and
posted as condemned on May 5, 2010; and
WHEREAS, the Cottage Grove City Code Title 9 -1 -2 declares such unsafe premises to
be a public nuisance that may be abated pursuant to Cottage Grove City Code Title 4, Chapter
1; and
WHEREAS, the Cottage Grove City Code, Section 4 -1 -6, provides that the City may
order the Director of Public Works to abate a nuisance upon 10 days notice to the property
owner. The costs of abating the nuisance are to be billed to the owner and, if not paid,
assessed as a special tax and certified to the owner's property taxes.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage
Grove, County of Washington, State of Minnesota, as follows:
1. As described above, the conditions at the Property constitute a "nuisance" within
the meaning of Cottage Grove City Code Titles 9 -1 -2 and 4 -6 -1.
2. This Resolution shall be served upon the Owner by certified mail.
3. By this Resolution, the City provides public notice of its intent to abate nuisance
conditions maintained at 8069 71S Street Court South in the City of Cottage
Grove in the exercise of the City's police powers. The City assumes no liability or
obligation for any damage, destruction, or loss of property located at 8069 71
Street South resulting from the abatement of nuisance conditions on the
property.
4. If the owner does not abate the nuisance conditions within ten (10) days after
service and publication of this Resolution, as determined by the Community
Resolution No. 2010 -XXX
Page 2 of 2
Development Director, the Director of Public Works, and such other staff as
necessary shall abate and eliminate the nuisance conditions.
5. City staff shall keep a record of the cost of abatement and shall certify such
amount to the Council. Thereafter, the Finance Director shall prepare a bill and
mail it to the property owner for payment. In the event payment is not received
within thirty (30) days, the City Clerk shall assess the costs by certifying the
amount thereof to the County Auditor.
Passed this 5th day of May, 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk