The URL can be used to link to this page

Home My WebLink About2011-05-18 PACKET 04.M.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 5/18/11 PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COUNCIL ACTION REQUEST Consider ordering the abatement of nuisance violations at 7301 lilies Avenue South with the costs to be paid by the property owner. STAFF RECOMMENDATION Adopt the resolution ordering the abatement of nuisance violations at 7301 lilies Avenue 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 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from Ben Pierson dated 5/13/11 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS G:uI .. - - (' ( I Date * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: Ben Pierson, Code Enforcement Officer DATE: May 13, 2011 RE: Nuisance Abatement at 7301 lilies Avenue South On September 9, 2010, a complaint was received regarding overgrown grass, stagnant water, non - compliant vehicle parking surfaces, and yard waste storage in the rear yard at 7301 lilies Avenue. An inspection revealed exterior storage violations, overgrown grass and weeds, and yard waste accumulation. A notice was sent on September 14, 2011 notifying the property owner to correct these violations by September 28, 2010. A re- inspection on September 28 re- vealed that no progress had been made towards compliance. During this inspection additional violations were noted, including a pool filled with stagnant water and no gate for the pool enclo- sure. A warning notice was sent on September 29, 2010 noting that the original violations re- mained and listing the additional violations. A deadline of October 6, 2010 was set. On October 6, 2010 a re- inspection revealed that there was still no progress made towards compliance. Telephone contact could not be made as no phone number could be obtained. An administrative citation was sent on October 6, 2010 requiring compliance with previously noted violations, in addition to a fine of $100 for failing to comply with City Ordinances. A deadline was set for Oc- tober 13, 2010 to bring the property fully into compliance and to pay the fine. The property owner then contacted the City to request an extension to November 1, 2010, which was granted. The property was not re- inspected until February 16, 2011. During this inspection it was noted that progress still had not been made. A final attempt to resolve was made by for- warding all previous correspondence to the realtor and allowing additional time to resolve the code violations. On Friday, April 15, 2011 a re- inspection was again conducted and revealed the violations remain. The $100 administrative citation fine has still not been paid. Recommendation That the City Council adopt a resolution ordering the abatement of the property at 7301 lilies 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. RESOLUTION NO. 2011 -XXX RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE AT 7301 ILLIES AVENUE SOUTH WHEREAS, Randy Schmidt ( "Owner ") owns property commonly known as 7301 Illies 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 Titles 11 -6 -2, 4-2-10,11-6-3, 9- 11 -4C, 4,2 -5B, 1 -4A -5, 4 -2 -313, and 4 -1 -3G; and WHEREAS, the trash and yard waste accumulation, exterior storage, pool fencing requirements, non - compliant trash container storage, and allowing stagnant water to pool 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 14, 2010, with notice to bring the Property into compliance by September 28, 2010; and WHEREAS, a warning notice was sent to the Owner on September 29, 2010 with notice to bring the Property into compliance by October 6, 2010; and WHEREAS, a re- inspection on October 6, 2010, revealed that no progress had been made to bring the Property into compliance; and WHEREAS, an administrative citation was sent on October 6, 2010, requiring compliance with the noted violations and the payment of a $100.00 fine for failing to comply with City Ordinances; and WHEREAS, after contact with the Owner, an extension was granted to bring the Property into compliance by November 1, 2010; and WHEREAS, the Property was re- inspected on February 16, 2011, and no progress noted so contact was made with the realtor selling the property; and WHEREAS, a re- inspection on April 15, 2011 revealed the violations still remain; and WHEREAS, the Cottage Grove City Code Title 4 -1 -3 declares the accumulation of rubbish, yard waste, and exterior storage items 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 Title 11 -6 -2A declares the stagnant water in the pool 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 Resolution No. 2011 -XXX Page 2 of 2 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 7301 lilies Avenue South in the City of Cottage Grove in the exercise of the City's police powers by removing the exterior storage items, trash and yard waste accumulations, and the pool liner. The City assumes no liability or obligation for any damage, destruction, or loss of property located at 7301 lilies Avenue 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 18th day of May 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk