HomeMy WebLinkAbout2010-10-06 PACKET 04.J.REQUEST OF CITY COUNCIL ACTION
PREPARED BY
COUNCIL
MEETING
DATE 10/6/10
Community Development
ORIGINATING DEPARTMENT
ITEM #
Howard Blin
STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 9199 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 9199 91 st Street South.
BUDGET IMPLICATION $N /A
BUDGETED AMOUNT
ADVISORY COMMISSION ACTION
❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
DATE
$N /A N/A
ACTUAL AMOUNT FUNDING SOURCE
® MEMO /LETTER: Memo from Ben Pierson dated 10/1/10
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
UILY MU1,111HIbUator Date d
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COUNCIL ACTION TAKEN: 5rAPPROVED ❑ DENIED ❑ OTHER
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® MEMO /LETTER: Memo from Ben Pierson dated 10/1/10
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
UILY MU1,111HIbUator Date d
le
COUNCIL ACTION TAKEN: 5rAPPROVED ❑ DENIED ❑ OTHER
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CITY OF COTTAGE GROVE
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 9199 91 st Street South
On August 16, 2010, a complaint was made to the Cottage Grove Building Division
regarding yard waste accumulation at 9199 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 September 1, 2010. After re- inspection, the property had not been
brought into compliance. A warning letter was sent on September 2, 2010. After another
inspection, the violation still existed. An inspection was conducted on September 27,
2010, and it was noted that the yard waste on the property has not been removed.
That the City Council adopt a resolution ordering the abatement of the property at 9199
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
RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS
CREATING A NUISANCE AT 9199 91ST STREET SOUTH
WHEREAS, John D. Rositzki ( "Owner ") owns property commonly known as 9199 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 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 August 18, 2010, with notice to bring the
Property into compliance by September 1, 2010; and
WHEREAS, after re- inspection of the property, a letter serving as a violation warning
and compliance order was sent on September 2, 2010, requiring compliance by September 8,
2010; and
WHEREAS, after re- inspection on September 27, 2010, the violation still exists; and
WHEREAS, the Cottage Grove City Code Title 11 -6 -2A declares the yard waste
accumulation 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 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 9199 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
waste. The City assumes no liability or obligation for any damage, destruction, or
loss of property located at 9199 91st Street 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 6th day of October 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk