HomeMy WebLinkAbout2010-07-07 PACKET 04.O.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 8829 89th Street Circle South with
the costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 8829 89th Street Circle.
BUDGET IMPLICATION $N /A
BUDGETED AMOUNT
$N /A N/A
ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
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❑ PUBLIC SAFETY
❑ PUBLIC WORKS
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❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from Ben Pierson dated 7/7/10
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
1 L41,o
C Date
COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER
CITY OF COTTAGE GROVE
'***M� MINNESOTA
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: Ben Pierson, Code Enforcement Officer
DATE: July 1, 2010
RE: Nuisance Abatement at 8929 89th Street Court South
On March 30, 2010, a complaint was made to the Cottage Grove Building Division
regarding stagnant water in a swimming pool at 8929 89th Street Court South. It was
also noted that the property is vacant.
A notice was sent to the property owner notifying them of the violation with a deadline
for compliance of April 14, 2010. After re- inspection, the property had not been brought
into compliance. A warning letter was sent on May 24, 2010. After another inspection,
the violation still exists. Because the property is vacant, the City would like to ensure
that the stagnant water violation is brought into compliance as soon as possible by
removal of the pool liner. The bank holding the mortgage has also been notified of the
violations.
Recommendation
That the City Council adopt a resolution ordering the abatement of the property at 8929
89th Street Court 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.
- M A •
WHEREAS, Moua Xiong ( "Owner ") owns property commonly known as 8929 89th Street
Circl 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 stagnant water in the pool on the Property is found to create a public
nuisance affecting health and safety conditions to the adjoining areas in the surrounding
residential neighborhood; and
WHEREAS, a letter was sent to the Owner on March 31, 2010, with notice to bring the
Property into compliance by April 14, 2010; and
WHEREAS, after re- inspection of the property, a letter serving as a violation warning
and compliance order was sent on May 24, 2010, requiring compliance by May 31, 2010; and
WHEREAS, the Cottage Grove City Code Title 11 -6 -2A declares the stagnant water in
the pool 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 1 i o -2A and 4-6-
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 8829 89th Street Court South in the City of Cottage
Grove in the exercise of the City's police powers by removing the pool liner. The
City assumes no liability or obligation for any damage, destruction, or loss of
property located at 8094 8829 89th Street Court 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