HomeMy WebLinkAbout2010-02-03 PACKET 04.L.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 2/3/10 °
PREPARED BY Community Development Howard Blin
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 8751 Hallmark Avenue South with
the costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 8751 Hallmark Avenue.
BUDGET IMPLICATION $N /A $N /A N/A
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
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• PUBLIC WORKS
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• PARKS AND RECREATION
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SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from Ben Pierson dated 1/29/10
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
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City Administrator Date
COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER
CITY OF COTTAGE GROVE
J MINNESOTA
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: Ben Pierson, Code Enforcement Officer
DATE: January 29, 2010
RE: Nuisance Abatement at 8751 Hallmark Avenue South
:, • a t
On January 27, 2010, a complaint was made to the Cottage Grove Building Division regarding
exterior storage violations at 8751 Hallmark Avenue South. The violations consist of exterior
storage of trash and trash containers. It was also noted that the property appeared vacant and
was unsecured.
A notice was sent to the property owners notifying them of the violations with a deadline for
compliance of February 4, 2010. The property was confirmed to be in foreclosure, so the City
would like to ensure that the violations are brought into compliance as soon as possible. A
copy of this notice was also sent to the mortgage company.
That the City Council adopt a resolution ordering the abatement of the property at 8751
Hallmark Avenue 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
WHEREAS, Linda M. Mendel ( "Owner ") owns property commonly known as 8751
Hallmark Avenue South (the "Property'), located in the City of Cottage Grove ( "City "); and
WHEREAS, Owner maintains nuisance conditions on the Property in violation of City
Code Title 11 -6 -2A; and
WHEREAS, the accumulation of material on the Property is found to create an unsightly
condition tending to reduce the value of real property, to create safety hazards, to promote
blight, to attract rodents, and otherwise adversely affect the surrounding residential
neighborhood; and
WHEREAS, a letter was sent to the Owner on January 28, 2010, with notice to bring the
Property into compliance; and
WHEREAS, the Cottage Grove City Code Title 11 -6 -2A declares the presence and
accumulation of excessive amounts of exterior storage, other than those items listed in Title
11 -6 -2B, 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 11 -6 -2A and 4 -6 -1.
2. This Resolution shall be served upon the Owner by certified mail.
1 By this Resolution, the City provides public notice of its intent to abate nuisance
conditions maintained at 8751 Hallmark Avenue 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 8751
Hallmark Avenue 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 3rd day of February 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk