HomeMy WebLinkAbout2010-09-15 PACKET 04.I.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 9/15/10 ,
PREPARED BY Community Development Howard Blin
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 8456 88th Street South with the
costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 8456 88th Street.
BUDGET IMPLICATION $N /A $N /A N/A
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
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❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
DATE REVIEWED APPROVED
DENIED
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® MEMO /LETTER: Memo from Ben Pierson dated 9/9/10
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
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940110
City Administrator Date
COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER
: 2, V - 43
CITY OF COTTAGE GROVE
MINNESOTA
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: Ben Pierson, Code Enforcement Officer
DATE: September 9, 2010
RE: Nuisance Abatement at 8456 88th Street South
On June 14, 2010, a complaint was made to the Cottage Grove Building Division
regarding a dead tree along the property line at 8456 88th Street South.
A notice was sent to the property owner notifying them of the violation with a deadline
for compliance of June 29, 2010. After re- inspection, the property had not been brought
into compliance. A warning notice was sent with a compliance deadline of July 6, 2010.
The property owner requested an extension to September 1, 2010, for removing the
tree. An inspection was conducted on September 1 and the violation remains.
•. •
That the City Council adopt a resolution ordering the abatement of the property at 8456
88th 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.
. :: 1 ON •
WHEREAS, Greater MPLS Prop LLC ( "Owner') owns property commonly known as
8456 88th Street 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 tree 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 June 15, 2010, with notice to bring the
Property into compliance by June 29, 2010; and
WHEREAS, after re- inspection of the property, the violations continue to exist; and
WHEREAS, a warning notice was sent to the Owner on June 29, 2010, with a deadline
for compliance of July 6, 2010; and
WHEREAS, an extension was requested and granted to bring the property into
compliance by September; and
WHEREAS, upon inspection on September 1, 2010, the violation still exists; and
WHEREAS, the Cottage Grove City Code Title 4 -1 -3 declares the dead trees on the
property 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 he 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 8456 88th Street South in the City of Cottage Grove in
Resolution No. 2010 -XXX
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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 8456 88th 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
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 15th day of September 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk