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Home My WebLink About2011-09-07 PACKET 04.P.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # Lj DATE 9/7/11 0 PREPARED BY Community Development Ben Pierson ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider ordering the abatement of nuisance violations at vacant unfinished buildings at the Mississippi Dunes Estates subdivision with the costs to be paid by the property owner. STAFF RECOMMENDATION Adopt the resolution ordering the abatement of nuisance violations at the vacant unfinished buildings at the Mississippi Dunes Estates subdivision. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from Ben Pierson dated 8/31/11 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS City Administrator Date COUNCIL ACTION TAKEN: —]OTHER APPROVED ❑ DENIED 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 of Vacant Unfinished Buildings at Mississippi Dunes Estates Subdivision Background The City of Cottage Grove has received numerous complaints from residents in the Mississippi Dunes Estates subdivision regarding hazardous conditions at the vacant unfinished buildings at 6703 -6899 98th Street South, 6666 -6790 99th Street South, and 6933 -6961 99th Street Court South. An inspection confirmed that the violations include uncovered anchor bolts on the unfinished foundations and exposed water and sewer lines. A notice was sent on August 23, 2011, notifying the property owner to correct these violations by September 6, 2011. A re- inspection will be conducted on September 6, 2011. Based on the number of calls from neighbors and the hazardous nature of the violations, the City would like to ensure that the anchor bolts are capped and the water and sewer lines are buried in a timely manner. If, by the September 6 re- inspection, the violations have been corrected, no further action will be taken and the Council will not need to order the abatement of this property. Recommendation That the City Council adopt a resolution ordering the abatement of the property at the vacant unfinished buildings at 6703 -6899 98th Street South, 6666 -6790 99th Street South, and 6933- 6961 99th Street Court 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 THE VACANT UNFINISHED BUILDINGS IN THE MISSISSIPPI DUNES ESTATES SUBDIVISION WHEREAS, Assured Funding Trust II ( "Owner ") owns property commonly known as 6703 -6899 98th Street South, 6666 -6790 99th Street South, and 6933 -6961 99th Street Court South in the Mississippi Dunes Estates subdivision (the "Property "), located in the City of Cottage Grove ( "City "); and WHEREAS, Owner maintains nuisance conditions on the Property in violation of City Code Title 4 -1 -5L: and WHEREAS, the uncovered anchor bolts on the unfinished foundations and the exposed water and sewer lines 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 August 23, 2011, with notice to bring the Property into compliance by September 6, 2011; and WHEREAS, a re- inspection on September 6, 2011, revealed that no progress had been made to bring the Property into compliance; and WHEREAS, Cottage Grove City Code Title 4 -1 -3 declares the uncovered anchor bolts on the unfinished foundations and the exposed water and sewer lines 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 6703 -6899 98th Street South, 6666 -6790 99th Street South, and 6933 -6961 99th Street Court South in the Mississippi Dunes Estates subdivision in the City of Cottage Grove in the exercise of the City's police powers by capping each exposed anchor blot with a block of treated wood; Resolution No. 2011 -XXX Page 2 of 2 burying the exposed copper water line; and cutting the sewer line and capping them below grade. The City assumes no liability or obligation for any damage, destruction, or loss of property located at 6703 -6899 98th Street South, 6666- 6790 99th Street South, and 6933 -6961 99th Street Court South in the Mississippi Dunes Estates subdivision 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