HomeMy WebLinkAbout2010-10-06 PACKET 06.F.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 10/6/2010 9 J r
PREPARED BY Finance Robin Roland
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
1. Conduct public hearing considering the assessment for the removal of weeds on private
property.
2. Adopt resolution adopting the assessments.
STAFF RECOMMENDATION
Hold the public hearing and adopt the resolution as proposed.
BUDGET IMPLICATION $ $
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
None
SUPPORTING DOCUMENTS
® MEMO /LETTER:
® RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
..
City of Cottage Grove
Finance and Community Development Departments
TO: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
FROM: Robin Roland, Finance Director
DATE: October 6, 2010
RE: Assessment of Removal of Weeds on Private Property
Introduction
City Ordinance 4-3-1 (Noxious Weeds and Plants; height restrictions) states that it is unlawful to
allow or permit any growth of weeds, grass, brush, or other rank vegetation to a height greater
than eight inches, or any accumulation of dead weeds, grass or brush. The City was required to
contract for the removal of these conditions on several properties in 2010 and Minnesota State
Statute 429.101 provides cities the ability to assess the costs associated with the removal or
elimination of weeds from these private properties.
Discussion
In 2010, the Code Enforcement Officer issued 133 letters to property owners for violations of the
City's Noxious Weeds and Plants; height restrictions ordinance. The property owner was given
ten days to abate the conditions or the City would do so and assess the property owner for the
cost of the mowing and an abatement fee.
In 23 of these instances, the property owner did not abate the conditions. Twenty of these
properties are currently vacant. The City contracted with a vendor to have these properties
mowed. This assessment is for the actual cost of the mowing and a tall weed abatement fee
which is charged as follows:
o $50.00 for first violation in 24- months
o $100.00 for second violation in 24- months commencing within first violation
o $200.00 for third and subsequent violations in 24- months commencing within first
violation
The assessment notice for these weed violations was published on September 22 and
individual notices were sent to the property owners. Once these costs are assessed, they
become a lien on the property that will be collected along with property taxes over a one -year
period.
- •11#1-1.. =1
Hold the public hearing and then adopt the assessment for the removal of weeds on public
property.
RESOLUTION NO. 10-
RESOLUTION ADOPTING SERVICE CHARGES FOR THE REMOVAL OF NOXIOUS
WEEDS AND PLANTS FROM PRIVATE PROPERTY
WHEREAS, State Statutes provide the for the assessment of costs associated with the
removal or elimination of noxious weeds and plants from private property; and
WHEREAS, pursuant to proper notice duly given as required by law, the Council has
met and heard and passed upon all objections to the proposed assessment.
NOW THEREFORE BE IT RESOLVED, the City Council of Cottage Grove, County of
Washington, State of Minnesota, as follows:
1. Such proposed assessment, in the amount of $4,991.73, a copy of which is
attached hereto and made a part hereof, is hereby accepted and shall constitute
the special assessment against the lands named therein, and each tract of land
therein included is hereby found to benefit by the proposed improvement in the
amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a
period of 1 year, at an interest rate of 7 %, the first of the installments to be
payable on or before the first Monday in January, 2011, and shall bear interest
on the entire assessment from the date of this resolution until December 31,
2011. To each subsequent installment when due shall be added interest for one
year on all unpaid installments.
3. The owner, of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Treasurer,
except no interest shall be charged if the entire assessment is paid within 30
days from the adoption of this resolution; and she /he may, at any time thereafter,
pay to the City Treasurer the entire amount of the assessment remaining unpaid,
with interest accrued to December 31 of the year in which payment is made.
Such payment must be made before November 15 or interest will be charged
through December 31 of the next succeeding year.
4. The Director of Finance shall transmit a certified duplicate of this assessment to
the County Auditor to be extended on the property tax lists of the County. Such
assessment shall be collected and paid over in the same manner as other
municipal taxes.
Passed this 6th day of October, 2010
Attest:
Myron Bailey, Mayor
Caron Stransky, City Clerk
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