HomeMy WebLinkAbout2011-09-07 PACKET 04.O.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 9/7/11
PREPARED BY Community Development Ben Pierson
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 8145 Henslowe Avenue South with
the costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 8145 Henslowe 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
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DATE
N/A
N/A
ACTUAL AMOUNT FUNDING SOU
REVIEWED APPROVED
DENIED
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SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from Ben Pierson dated 8/31/11
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
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City Administrator D to
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: August 31, 2011
RE: Nuisance Abatement at 8145 Henslowe Avenue South
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On July 13, 2011, a complaint was received regarding overgrown grass, dead tree,
trash container storage, and yard waste storage in the rear yard at 8145 Henslowe
Avenue South. An inspection confirmed those violations. During the inspection, it was
also noted that the property is vacant. A notice was sent on July 13, 2011, notifying the
property owner to correct these violations by July 23, 2011. A re- inspection on July 25
revealed that no progress had been made towards compliance. A warning notice was
sent on July 28, 2011, noting that the original violations remained, and a deadline of
August 4, 2011, was set. On August 4, 2011, a re- inspection revealed that there was
still no progress made towards compliance.
Recommendation
That the City Council adopt a resolution ordering the abatement of the property at 8145
Henslowe 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 8145 HENSLOWE AVENUE SOUTH
WHEREAS, Kenneth F. Nothnagel, III ( "Owner') owns property commonly known as
8145 Henslowe 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 -4 -6, 4 -1 -2, and 4 -2 -38; and
WHEREAS, the yard waste accumulation and dead tree 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 July 13, 2011, with notice to bring the
Property into compliance by July 23, 2011; and
WHEREAS, a re- inspection on July 25, 2011, revealed that no progress had been made
to bring the Property into compliance; and
WHEREAS, a warning notice was sent to the Owner on July 28, 2011, with notice to
bring the Property into compliance by August 4, 2011; and
WHEREAS, a re- inspection on August 4, 2011 revealed the violations still remain; and
WHEREAS, Cottage Grove City Code Title 4 -1 -3 declares the accumulation of yard
waste and the dead tree on the property 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 8145 Henslowe Avenue South in the City of Cottage
Grove in the exercise of the City's police powers by removing the yard waste
Resolution No. 2011 -XXX
Page 2 of 2
accumulations and dead tree. The City assumes no liability or obligation for any
damage, destruction, or loss of property located at 8145 Henslowe 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 7th day of September 2011.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk