HomeMy WebLinkAbout2010-10-06 PACKET 04.I.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 10/6/10
PREPARED BY Community Development Howard Blin
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 9166 91st Street South with the
costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 9166 91st Street South.
BUDGET IMPLICATION $N /A $N /A N/A
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
❑ PLANNING
❑ 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 10/1/10
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
City Adthinistrator f � Date `
COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER
CITY OF COTTAGE GROVE
1 40J MINNESOTA
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: Ben Pierson, Code Enforcement Officer
DATE: October 1, 2010
RE: Nuisance Abatement at 9166 91st Street South
On June 16, 2010, a complaint was made to the Cottage Grove Building Division
regarding trash container storage and yard waste accumulation at 9166 91st Street
South. It was also noted that the property appeared vacant.
A notice was sent to the property owner notifying them of the violations with a deadline
for compliance of June 26, 2010. After re- inspection, the property had not been brought
into compliance. A warning letter was sent on July 1, 2010. After another inspection, the
violations still existed. The property was confirmed to be vacant. Correspondence was
sent to both the property owner and the mortgage company noting the violations
described above, including notice of further violations of stagnant water in the pool and
that the house is not secured. An inspection was conducted on September 29, 2010,
and it was noted that the stagnant water was drained from the pool, but the dilapidated
pool structure remains and the yard waste on the property has not been removed.
Recommendation
That the City Council adopt a resolution ordering the abatement of the property at 9166
91st 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.
RESOLUTION NO. 2010 -XXX
• - r
WHEREAS, Stephanie Green ( "Owner ") owns property commonly known as 9166 91st
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 Title 11 -6 -2A; and
WHEREAS, the dilapidated pool structure and yard waste accumulation 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 16, 2010, with notice to bring the
Property into compliance by June 26, 2010; and
WHEREAS, after re- inspection of the property, a letter serving as a violation warning
and compliance order was sent on July 1, 2010, requiring compliance by July 8, 2010; and
WHEREAS, further correspondence was sent to the property owner with a copy to the
mortgage company September 13, 2010, with a deadline for compliance of September 23,
2010: and
WHEREAS, after re- inspection on September 29, 2010, the violations still exist; and
WHEREAS, the Cottage Grove City Code Title 11 -6 -2A declares the dilapidated pool
structure and yard waste accumulation to be public nuisances 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 9166 91st Street South in the City of Cottage Grove in
the exercise of the City's police powers by removing the pool structure and yard
Resolution No. 2010 -XXX
Page 2 of 2
waste. The City assumes no liability or obligation for any damage, destruction, or
loss of property located at 9166 91st 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 6th day of October 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk