HomeMy WebLinkAbout2011-09-07 PACKET 04.M.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # 1 4* H4
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 8354 Jergen Avenue South with the
costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 8354 Jergen Avenue
South.
BUDGET IMPLICATION $N /A
BUDGETED AMOUNT
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ADVISORY COMMISSION ACTION
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❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
REVIEWED
APPROVED DENIED
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® MEMO /LETTER: Memo from Ben Pierson dated 9/1/11
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
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City Administrator Date
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
COTTAGE GROVE
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: Ben Pierson, Code Enforcement Officer
DATE: September 1, 2011
RE: Nuisance Abatement at 8354 Jergen Avenue South
i M., =4 I
On August 25, 2011, a complaint was received regarding stagnant water in a pool at
8354 Jergen Avenue South. An inspection confirmed this violation. A notice was sent on
August 25, 2011, notifying the property owner to correct the violation by September 1,
2011. A re- inspection on September 1 revealed that no progress had been made
towards compliance. The problem of stagnant water in the pool at this property has
been addressed numerous times over the past couple years.
i' s. {III a.,.
That the City Council adopt a resolution ordering the abatement of the property at 8354
Jergen 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.
WHEREAS, Michael and Suzan Carpenter ( "Owner ") own property commonly known as
8354 Jergen 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 -1 -3; and
WHEREAS, allowing stagnant water to pool 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 August 25, 2011, with notice to bring the
Property into compliance by September 1, 2011; and
WHEREAS, a re- inspection on September 1, 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 stagnant water in the
pool 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 8354 Jergen Avenue South in the City of Cottage Grove
in the exercise of the City's police powers by removing the liner in the pool. The
City assumes no liability or obligation for any damage, destruction, or loss of
property located at 8354 Jergen 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
Resolution No, 2011 -XXX
Page 2 of 2
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