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HomeMy WebLinkAbout2011-07-20 PACKET 04.J.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # Lj DATE 7/20/11 PREPARED BY Community Development Danette Parr ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider ordering the abatement of nuisance violations at 8787 Hamlet Avenue South with the costs to be paid by the property owner. STAFF RECOMMENDATION Adopt the resolution ordering the abatement of nuisance violations at 8787 Hamlet 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 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from Ben Pierson dated 7/15/11 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS < — City Administrator Date COUNCIL ACTION TAKEN: []APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE J 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 8787 Hamlet Avenue South A complaint was received by the Building Division regarding structure maintenance issues, trash accumulation, an overgrown yard, and unsecured structures at 8787 Hamlet Avenue South. An inspection confirmed the violations. It was also noted that the property is vacant. A notice was sent on July 8, 2011, notifying the property owner to correct this violation by July 18, 2011. An inspection was conducted on July 14 to see if any progress had been made. It was noted that the house has been secured but the garage is not and that the trash accumulation violations still exist. A re- inspection will be conducted on July 18, 2011. Based on numerous calls from neighbors and because the property is vacant, the City would like to ensure that the garage is secured and trash accumulation violations are remedied in a timely manner. If, by the July 18 re- inspection, the violations have been corrected, no further action will be taken and the City Council will not need to order the abatement of this property. That the City Council adopt a resolution ordering the abatement of the property at 8787 Hamlet 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 WHEREAS, Lisa Tessmer - Lurken ( "Owner ") owns property commonly known as 8787 Hamlet 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, and 9 -7 -12; and WHEREAS, trash accumulation and an unsecured garage on the Property 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 July 8, 2011, with notice to bring the Property into compliance by July 18, 2011; and WHEREAS, a re- inspection on July 18, 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 trash accumulation and unsecured garage 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 8787 Hamlet Avenue South in the City of Cottage Grove in the exercise of the City's police powers by removing the trash accumulation and securing the detached garage. The City assumes no liability or obligation for any damage, destruction, or loss of property located at 8787 Hamlet 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 Resolution No. 2011 -XXX Page 2 of 2 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 20th day of July 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk