HomeMy WebLinkAbout2010-11-03 PACKET 04.K.COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 8706 Ingersoll Avenue South with
the costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 8706 Ingersoll Avenue
South
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CITY • COTTAGE GROV
MINNESOTA I
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: Ben Pierson, Code Enforcement Officer
DATE: October 28, 2010
RE: Nuisance Abatement at 8706 Ingersoll Avenue South
On September 13, 2010, a complaint was made to the Cottage Grove Building Division
regarding exterior storage and trash accumulation at 8706 Ingersoll Avenue South. It
was also noted that the property is vacant.
A notice was sent to the property owners notifying them of the violation with a deadline
for compliance of October 20, 2010. After re-inspection, the property had not been
brought into compliance. Because the property is vacant, the City would like to ensure
that the exterior storage and trash accumulation are disposed of appropriately.
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That the City Council adopt a resolution ordering the abatement of the property at 8706
Ingersoll Avenue 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, Bradley and Adriene Kaplan ("Owner") own property commonly known as
8706 Ingersoll Avenue 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, 11 -6 -3; and
WHEREAS, the trash accumulation and exterior storage outside 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 October 6, 2010, with notice to bring the
Property into compliance by October 20, 2010; and
WHEREAS, after re-inspection of the property, it was noted that it had not been brought
into compliance; and
WHEREAS, the Cottage Grove City Code Title 4-1-3 declares the accumulation of
rubbish 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.
4. If the owner does not abate the nuisance conditions within ten (10) days aft(m
service and publication of this Resolution, as determined by the Communilfl
Resolution No. 2010-XXX
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 3rd day of November 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk