HomeMy WebLinkAbout2010-08-18 PACKET 04.C.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 8/18/10
PREPARED BY Community Development Howard Blin
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 8010 Jergen Avenue South with the
costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 8010 Jergen Avenue.
BUDGET IMPLICATION $N /A $N /A N/A
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
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SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from Ben Pierson dated 8/12/10
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
APPROVED DENIED
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ity Administrator Date
COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER
4 ::Zr>16 � / -2,
CITY OF COTTAGE GROVE
MINNESOTA
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: Ben Pierson, Code Enforcement Officer
DATE: August 12, 2010
RE: Nuisance Abatement at 8010 Jergen Avenue South
On June 30, 2010, a complaint was made to the Cottage Grove Building Division
regarding a dead tree that had fallen and destroyed a fence at 8010 Jergen Avenue
South.
A notice was sent to the property owner notifying them of the violation with a deadline
for compliance of July 8, 2010. After re- inspection, the property had not been brought
into compliance. A warning letter was sent on July 16, 2010. After another inspection,
the violations were still present.
That the City Council adopt a resolution ordering the abatement of the property at 8010
Jergen 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
W.- Ali NOWNWilk s
WHEREAS, Charles Letendre and Lauri Hiber ( "Owner ") owns property commonly
known as 8010 Jergen 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 Titles 4 -4 -6, 4 -1 -2, and 4 -13; and
WHEREAS, the dead trees in the rear yard on the Property are 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 July 1, 2010, with notice to bring the
Property into compliance by July 8, 2010; and
WHEREAS, after re- inspection of the property, a letter serving as a violation warning
and compliance order was sent on July 16, 2010, requiring compliance by July 23, 2010; and
WHEREAS, the Cottage Grove City Code Title 4 -1 -3 declares the dead trees 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 4 -1 -3.
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 8010 Jergen Avenue South in the City of Cottage Grove
in the exercise of the City's police powers by removing the dead trees. The City
assumes no liability or obligation for any damage, destruction, or loss of property
located at 8010 Jergen Avenue South resulting from the abatement of nuisance
conditions on the property.
Resolution No. 2010 -XXX
Page 2 of 2
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
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 18th day of August 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk