HomeMy WebLinkAbout2011-07-06 PACKET 04.N.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 7/6/11
PREPARED BY Community Development Danette Parr
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 8542 Grospoint Avenue South with
the costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 8542 Grospoint Avenue
South.
BUDGET IMPLICATION $N /A
BUDGETED AMOUNT
ADVISORY COMMISSION ACTION
❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
$N /A N/A
ACTUAL AMOUNT FUNDING SOURCE
REVIEWED
APPROVED
DENIED
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® MEMO /LETTER: Memo from Ben Pierson dated 6/30/11
❑ RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
r
- 7 l+ I
City Administrator Date
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
RESOLUTION NO. 2011 -XXX
WHEREAS, John and Lisa Wolter ( "Owner ") own property commonly known as 8542
Grospoint 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 -1, 11 -6 -3, 4 -2 -10, and 9 -7 -12; and
WHEREAS, the accumulation of trash, yard waste, mattresses, wood, and construction/
demolition debris including shingles and chopped cement on the Property and an unsecured
rear sliding glass door are 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 June 6, 2011, with notice to bring the
Property into compliance by June 17, 2011; and
WHEREAS, following a re- inspection on June 20, 2011, a warning notice was sent to
the Owner on June 22, 2011, with notice to bring the Property into compliance by June 29,
2011; and
WHEREAS, a re- inspection on June 30, 2011, revealed that no progress had been
made to bring the Property into compliance; and
WHEREAS, Cottage Grove City Code Title 11 -6 -2A declares the accumulation of trash,
yard waste, mattresses, and construction /demolition debris and the unsecured rear sliding
glass door to be public nuisances 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 8542 Grospoint Avenue South in the City of Cottage
Grove in the exercise of the City's police powers by removing the accumulation
Resolution No. 2011 -XXX
Page 2 of 2
of trash, yard waste, mattresses, construction /demolition debris, and other
exterior storage items and securing the rear sliding glass door. The City assumes
no liability or obligation for any damage, destruction, or loss of property located at
8542 Grospoint 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 Director of the
Community Development Department, 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 6th day of July 2011.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk