HomeMy WebLinkAbout2011-06-01 PACKET 04.J.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # ff
DATE 6/1/11
PREPARED BY Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 7710 Iverson Avenue South with the
costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 7710 Iverson Avenue
South.
BUDGET IMPLICATION $N /A
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ADVISORY COMMISSION ACTION
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❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
DATE
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ACTUAL AMOUNT FUNDING SOURCE
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® MEMO /LETTER: Memo from Ben Pierson dated 5/27/11
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
City Ad inistrator 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 27, 2011
RE: Nuisance Abatement at 7710 Iverson Avenue South
Background
On April 6, 2011, a complaint was made to the Cottage Grove Building Division
regarding exterior storage and trash accumulation at 7710 Iverson Avenue South.
A notice was sent to the property owners notifying them of the violations with a deadline
for compliance of April 25, 2011. After re- inspection, the property had not been brought
into compliance. In addition, it was noted that an inoperable vehicle was being stored in
the driveway. A warning letter was sent on April 25, 2011, with a compliance deadline of
May 2, 2011. Following another re- inspection which showed no progress, an
administrative citation with a $100 fine was sent on May 2, 2011. A deadline of May 9
was set to bring the property into compliance. The property is still in violation of City
ordinances.
Recommendation
That the City Council adopt a resolution ordering the abatement of the property at 7710
Iverson 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 7710 IVERSON AVENUE SOUTH
WHEREAS, Donald and Sheryl Joslin ( "Owners ") own property commonly known as
7710 Iverson 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 4 -2 -10, 11 -6 -3, 4 -2 -513, and 6 -2 -4; and
WHEREAS, the trash accumulation, storage of trash containers in public view, and
inoperable vehicle storage 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 April 11, 2011, with notice to bring the
Property into compliance by April 25, 2011; and
WHEREAS, a warning notice was sent to the Owner on April 25, 2011, with notice to
bring the Property into compliance by May 2, 2011; and
WHEREAS, a re- inspection on May 2, 2011, revealed that no progress had been made
to bring the Property into compliance; and
WHEREAS, an administrative citation was sent on May 2, 2011, requiring compliance
with the noted violations and the payment of a $100.00 fine for failing to comply with City
Ordinances; and
WHEREAS, a re- inspection on May 9, 2011 revealed the violations still remain; and
WHEREAS, the Cottage Grove City Code Title 4 -2 -10 and 11- 6- 3declares the
accumulation of trash 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.
Resolution No. 2011 -XXX
Page 2 of 2
3. By this Resolution, the City provides public notice of its intent to abate nuisance
conditions maintained at 7710 Iverson Avenue South in the City of Cottage
Grove in the exercise of the City's police powers by removing the trash
accumulation. The City assumes no liability or obligation for any damage,
destruction, or loss of property located at 7710 Iverson 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 1 st day of June 2011.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk