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Home My WebLink About2010-09-15 PACKET 04.L.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 9/15/2010 PREPARED BY Fi nance and Administrative Service Robin Roland ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Consider declaring costs to be assessed and ordering the preparation of the proposed assessment roll for the removal of hazardous conditions at 8929 89 Street Court South. 2. Consider calling a hearing on the proposed assessment for the removal of hazardous conditions at 8929 89 Street Court South. STAFF RECOMMENDATION 1. Adopt the resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for the removal of hazardous conditions at 8929 89 Street Court South. hazardous conditions at 8929 89`° Street Court South. BUDGET IMPLICATION $ $ BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DENIED DATE REVIEWED ❑ PLANNING ❑ ❑ PUBLIC SAFETY ❑ ❑ PUBLIC WORKS ❑ ❑ PARKS AND RECREATION ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: ® RESOLUTION: ❑ ORDINANCE: APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ADMINISTRATORS COMMENTS f City Administrator Date COUNCIL ACTION TAKEN: [AZ OVED ❑ DENIED ❑ OTHER Q 1 / -,. i`4/: City of Cottage Grove Memo Finance and Community Development Departments TO Honorable Mayor and City Council Ryan Schroeder, City Administrator Y FROM: Howard Blin, Community Development Director Robin Roland, Finance Director DATE: September 15, 2010 RE: Assessment of Charges for Removing Hazardous Conditions on Private Property Introduction Minnesota State Statute 463 provides cities the ability to assess the costs associated with the removal or elimination of public health or safety hazards from private property. Recently there was a property that the City was required to clean -up due to public health and safety. The property is located at 8929 89 Street Court South and owned by Moua Xiong according to Discussion Council approved on July 7, 2010 the abatement of the above property due to stagnant water in the backyard pool that the City had been working with the property owner to clean -up since March 2010. The City then completed the abatement because the property owners failed to do so. The City incurred costs for the clean -up of this property in the amount of $1,781.25 and invoiced the property owner for these costs. The owner has not paid the invoice so staff is recommending that these costs be assessed to the property per MN Statute 463. In addition to the above charge, the City will incur $121.40 to publish the assessment notice and $4.00 for placing the assessment on the tax roll. Therefore, an assessment of $1,906.65 is recommended. The assessment notice will be published on September 22, 2010, and an individual notice will be sent to the property owner. The assessment hearing will be held on October 6, 2010. Once these costs are assessed it becomes a lien on the property that will be collected along with property taxes over a one -year period. f f i Adopt the resolutions as presented to declare the costs and call the assessment hearing. RESOLUTION NO. 10 -XXX RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR REMOVAL OF HAZARDOUS CONDITIONS FROM PRIVATE PROPERTY LOCATED AT 8929 89 STREET COURT SOUTH WHEREAS, contracts were let for the removal of hazardous conditions from private ty located at 8929 89 Street Court South. The costs incurred for such removal were .25 with additional publishing fees of $121.40 and county fees of $4.00. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, as follows: 1. The net cost of such removal to be assessed is declared to be $1,906.65. 2. The Finance Director will calculate the proper amount to be assessed for such improvements against the benefiting property without regard to cash valuation as provided by law and shall file a copy of proposed assessment roll in the City Clerk's office for public inspection. 3. The City Clerk shall, upon completion of such assessment roll, notify the City Council therefor Passed this 15 day of September, 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk RESOLUTION NO. 10 -XXX RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENTS FOR REMOVING DEBRIS FROM PROPERTY LOCATED AT 8929 89 STREET COURT SOUTH WHEREAS, by Resolution 10 -XXX, passed by the City Council on September 15, 2010, the Council directed the Finance Director to Rrepare the proposed assessment roll for removing debris from property located at 8929 89 Street Court South and WHEREAS, the City Clerk has notified the Council that such assessment roll is com- plete and filed in her office for public inspection. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, as follows: 1. A hearing shall be held on the 6 "day of October 2010 at 7:30 p.m. to pass upon such proposed assessment roll. 2. The Finance Director is hereby directed to cause a Notice of Hearing on the pro- posed assessments to be published in the Washington County Bulletin, the offi- cial newspaper of the City, at least two (2) weeks prior to the hearing and shall state in the notice the total cost of the improvement. The Finance Director shall cause mailed notices to be given to the owner of each parcel described in the assessment roll. Passed this 15 day of September, 2010, Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk RESOLUTION NO. 2010 -096 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 FRTI after re- inspection of the property, a letter serving as a violation warnir er 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 means ^n ^f Cottage Grove City Code Titles 11 - -2A any! 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 8929 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 8929 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 -096 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. 9 yro�Baile , Attest: L�0 � d N O 0 m N W O X N X S m m 0 J v � A Z A O O W W C N x O m y Z 3 m o � N � — O � � O S N r (n d_ 0 a CO O N �2 c0 3 W � S m 3 �D a a m N N n O 'p � O o y e3 cn D '3 io 0 m 0� rn rn om m ^^ u, rn 0 O N � 4 N 3 a m m N n N 1 N a 0 m N W O X N X S m