HomeMy WebLinkAbout2011-09-07 PACKET 04.Q.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # Lj
DATE 917/11
PREPARED BY Community Development Ben Pierson
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 8323 81st Street Lane South with
the costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 8323 81 st Street Lane
South.
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® MEMO /LETTER: Memo from Ben Pierson dated 8/31/11
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
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1. f
it 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 8323 81st Street Lane South
On August 16, 2011, a complaint was received regarding trash accumulation in the rear
yard at 8323 81st Street Lane South. An inspection confirmed this violation. This
property has been vacant for several years and routinely violates the City's property
maintenance code. The City has abated overgrown grass and weed conditions regularly
over the last few summers.
Recommendation
That the City Council adopt a resolution ordering the abatement of the trash
accumulation conditions on the property at 8323 81st Street Lane 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 8323 81ST STREET LANE SOUTH
WHEREAS, Lawrence Carr ( "Owner ") owns property commonly known as 8323 81st
Street Lane 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 11 -6 -2; and
WHEREAS, the trash waste accumulation 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, since July 2009 numerous letters and correspondence have been sent to
the Owner with notice to bring the Property into compliance; and
WHEREAS, no progress has been made to bring the Property into compliance; and
WHEREAS, on August 16, 2011, another complaint was received by the City of Cottage
Grove Code Enforcement Officer; and
WHEREAS, an inspection on August 30, 2011 revealed the violations still remain; and
WHEREAS, the Cottage Grove City Code Title 4 -1 -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 8323 81st Street Lane South in the City of Cottage
Grove in the exercise of the City's police powers by removing the exterior storage
items and trash and yard waste accumulations. The City assumes no liability or
obligation for any damage, destruction, or loss of property located at 8323 81st
Resolution No. 2011 -XXX
Page 2 of 2
Street Lane 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