HomeMy WebLinkAbout2011-07-06 PACKET 04.O.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 8167 Ingleside Avenue South with
the costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 8167 Ingleside Avenue
South.
BUDGET IMPLICATION $NIA $N /A N/A
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
DATE
REVIEWED
APPROVED
DENIED
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❑ PUBLIC SAFETY
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❑ PUBLIC WORKS
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❑ PARKS AND RECREATION
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❑ HUMAN SERVICES /RIGHTS
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ECONOMIC DEV. AUTHORITY
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SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from Ben Pierson dated 6/30/11
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
City Administrator Date
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
qqqk CITY OF COTTAGE GROVE
MINNESOTA
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: Ben Pierson, Code Enforcement Officer
DATE: June 30, 2011
RE: Nuisance Abatement at 8167 Ingleside Avenue South
On June 6, 2011, a complaint was made to the Cottage Grove Building Division
regarding a refrigerator stored in the rear yard at 8167 Ingleside Avenue South. An
inspection confirmed the violations. It was also noted that the property is vacant. A
notice was sent to the property owners on June 6 notifying them of the violations with a
deadline for compliance of June 17, 2011. After re- inspection, the property had not been
brought into compliance. A warning letter was sent on June 22, 2011, with a compliance
deadline of June 29, 2011. Following another re- inspection on June 30, 2011, it was
noted that the property is still in violation of City ordinances.
ff • = . •:.
That the City Council adopt a resolution ordering the abatement of the property at 8167
Ingleside 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 8167 INGLESIDE AVENUE SOUTH
WHEREAS, Wells Fargo Bank, N.A. ( "Owner ") owns property commonly known as 8167
Ingleside 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; and
WHEREAS, the storage of a refrigerator in the rear yard 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 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, the Cottage Grove City Code Title 11 -6 -2 declares the exterior storage 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.
1 By this Resolution, the City provides public notice of its intent to abate nuisance
conditions maintained at 8167 Ingleside 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,
Resolution No. 2011 -XXX
Page 2 of 2
destruction, or loss of property located at 8167 Ingleside 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