HomeMy WebLinkAbout2011-09-07 PACKET 04.N.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 9/7/11 s
PREPARED BY Community Development Ben Pierson
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 7580 Irish Avenue South with the
costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 7580 Irish Avenue South.
BUDGET IMPLICATION $N /A $N /A N/A
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ADVISORY COMMISSION ACTION
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❑ PARKS AND RECREATION
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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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ity 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: August 31, 2011
RE: Nuisance Abatement at 7580 Irish Avenue South
On July 1, 2011, a complaint was made to the Cottage Grove Building Division
regarding trash accumulation, inoperable vehicle storage, and overgrown grass and
weeds at 7580 Irish Avenue South. An inspection confirmed those violations. A notice
was sent to the property owners notifying them of the violations with a deadline for
compliance of July 18, 2011. After re- inspection, the property had not been brought into
compliance. A warning letter was sent on July 28, 2011, with a compliance deadline of
August 4, 2011. Following another re- inspection, it was noted that the property is still in
violation of City Ordinances.
Another complaint regarding this property was received on August 29, 2011. There has
been a history of nuisance violations on this property. As of August 30, the property is
still in violation of the City's nuisance ordinance.
Recommendation
That the City Council adopt a resolution ordering the abatement of the property at 7580
Irish 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 7580 IRISH AVENUE SOUTH
WHEREAS, Isaac Boateng ( "Owner ") owns property commonly known as 7580 Irish
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 6 -2 -4; and
WHEREAS, the accumulation of trash and storage of an inoperable vehicle 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 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, 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, the Cottage Grove City Code Title 4 -2 -10 and 11 -6 -3 declares the
accumulation of trash 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 7580 Irish 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, destruction, or loss of
Resolution No. 2011 -XXX
Page 2 of 2
property located at 7580 Irish 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