HomeMy WebLinkAbout2010-07-07 PACKET 04.K.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 7/7/10
PREPARED BY Community Development Howard Blin
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 8094 Johansen Avenue South with
the costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 8094 Johansen Avenue.
BUDGET IMPLICATION $N /A
BUDGETED AMOUNT
ADVISORY COMMISSION ACTION
❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
DATE
$N /A N/A
ACTUAL AMOUNT FUNDING SOURCE
REVIEWED
APPROVED
DENIED
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® MEMO /LETTER: Memo from Ben Pierson dated 6/30/10
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
7�
fin
4 ' —City Administrator Date
COUNCIL ACTION TAKEN
ES� APPROVED ❑ DENIED
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CITY OF COTTAGE GROVE
MINNESOTA
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: Ben Pierson, Code Enforcement Officer
DATE: June 30, 2010
RE: Nuisance Abatement at 8094 Johansen Avenue South
On June 14, 2010, a complaint was made to the Cottage Grove Building Division
regarding exterior storage of a refrigerator, washing machine, and furniture, and trash
accumulation at 8094 Johansen Avenue South. It was also noted that the property
appeared vacant.
A notice was sent to the bank which now owns the property notifying them of the
violations with a deadline for compliance of June 25, 2010. Because the property is
vacant, the City would like to ensure that the exterior storage violations are brought into
compliance as soon as possible.
c - T Fi�•TI?
That the City Council adopt a resolution ordering the abatement of the property at 8094
Johansen 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.
:�•, s •
WHEREAS, Deutsche Bank National Co. TRS ( "Owner') owns property commonly
known as 8094 Johansen 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 June 15, 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 -28, 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.
3. By this Resolution, the City provides public notice of its intent to abate nuisance
conditions maintained at 8094 Johansen 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 8094
Johansen 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 7th day of July 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk