HomeMy WebLinkAbout2010-10-20 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 10/20/1
PREPARED BY: Community Development Howard Blin
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST:
Consider ordering the abatement of nuisance violations at 8933 89th Street Circle South with
the costs to be paid by the property owner.
STAFF RECOMMENDATION:
Adopt the resolution ordering the abatement of nuisance violations at 8933 89th Street Circle
South.
BUDGET IMPLICATION: $N/A
BUDGETED AMOUNT
ADVISORY COMMISSION ACTION:
❑ PLANNING
F PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES/RIGHTS
❑ ECONOMIC DEV. AUTHORITY
0
SUPPORTING DOCUMENTS:
ITTIW
$N/A N/A
ACTUAL AMOUNT FUNDING SOURCE
REVIEWED
APPROVED
DENIED
❑
1:1
1:1
1:1
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El
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M MEMO/LETTER: Memo from Ben Pierson dated 9/13/10
Z RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
F LEGAL RECOMMENDATION:
F OTHER:
ADMINISTRATORS COMMENTS:
Date
COUNCIL ACTION TAKEN: OVED ❑ DENIED F1 OTHER
111'x F� 2-0-ods - /460
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 13, 2010
RE: Nuisance Abatement at 8933 89th Street Circle South
On September 22, 2010, a complaint was made to the Cottage Grove Building Division
regarding a large tree branch in the driveway and yard waste accumulation at 8933 89th
Street Circle South. The property appears vacant. A notice was sent to the property
owners notifying them of the violation with a deadline for compliance of October 1,
2010. After re- inspection, the property had not been brought into compliance and the
violations still exist.
Recommendation
That the City Council adopt a resolution ordering the abatement of the property at 8933
89th Street Circle 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.
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WHEREAS, Sium Esayaz and Almaz Haile ( "Owner ") own property commonly known as
8933 89th Street Circle 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 4 -2 -313; and
WHEREAS, the large tree branch in the driveway and 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 September 24, 2010, with notice to bring
the Property into compliance by October 1, 2010; and
WHEREAS, the Cottage Grove City Code Title 4 -1 -3 declares the accumulation of yard
waste 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 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 8933 89th Street Circle South in the City of Cottage
Grove in the exercise of the City's police powers by removing the large tree
branch and yard waste accumulation. The City assumes no liability or obligation
for any damage, destruction, or loss of property located at 8933 89th Street
Circle 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.
Resolution No. 2010 -XXX
Page 2 of 2
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 20th day of October 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk