HomeMy WebLinkAbout2011-07-20 PACKET 04.K.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 7/20/11
a
PREPARED BY Community Development Danette Parr
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 8021 Hemingway Avenue South
with the costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 8021 Hemingway
Avenue South.
BUDGET IMPLICATION $N /A $N /A N/A
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
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❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
DATE REVIEWED
APPROVED DENIED
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® MEMO /LETTER: Memo from Ben Pierson dated 7/15/11
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
IZ4 IJ �I
City Administrator 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: July 15, 2011
RE: Nuisance Abatement at 8021 Hemingway Avenue South
mm . =
On June 14, 2011, a complaint was made to the Cottage Grove Building Division
regarding exterior storage and trash accumulation at 8021 Hemingway Avenue South.
During the inspection, it was noted there was an accumulation of trash and yard waste
on the side of the house and in the front yard and that the property appeared vacant.
A notice was sent to the property owners notifying them of the violations with a deadline
for compliance of June 30, 2011. After re- inspection, the property had not been brought
into compliance. A warning letter was sent on July 1, 2011, with a compliance deadline
of July 11, 2011. Following another re- inspection, it was noted that the property is still in
violation of City Ordinances.
Recommendation
That the City Council adopt a resolution ordering the abatement of the property at 8021
Hemingway 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 8021 HEMINGWAY AVENUE SOUTH
WHEREAS, Joann and Leonard Duren ( "Owners ") own property commonly known as
8021 Hemingway 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 -38, 11 -6 -2, and 4 -2 -58; and
WHEREAS, the accumulation of trash and yard waste 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 16, 2011, with notice to bring the
Property into compliance by June 30, 2011; and
WHEREAS, a warning notice was sent to the Owner on July 1, 2011, with notice to
bring the Property into compliance by July 11, 2011; and
WHEREAS, a re- inspection on July 11, 2011, revealed that no progress had been made
to bring the Property into compliance; and
WHEREAS, the Cottage Grove City Code Title 4 -2 -10 and 11 -6 -3 declares the
accumulation of trash and yard waste 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.
3. By this Resolution, the City provides public notice of its intent to abate nuisance
conditions maintained at 8021 Hemingway 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 8021 Hemingway 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 20th day of July 2011.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk