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HomeMy WebLinkAbout2011-10-05 PACKET 06.C.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # 6 DATE 10/5/2011 PREPARED BY Finance Robin Roland ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Conduct public hearing considering the assessment at properties for the removal of public safety hazards. 2. Adopt resolution adopting the assessment for removal of hazardous conditions. STAFF RECOMMENDATION Hold the public hearing and adopt the resolution as proposed. BUDGET IMPLICATION $ $ BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION None SUPPORTING DOCUMENTS ® MEMO /LETTER: ® RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ADMINISTRATORS COMMENTS Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER City of Cottage Grove Finance and Community Development Departments Honorable Mayor and City Council Ryan Schroeder, City Administrator Robin Roland, Finance Director Fatma Reichstadt, Assessment Clerk October 5, 2011 IM Assessment of Charges for Removing Hazardous Conditions on Private Property Introduction Minnesota State Statute 463 provides cities the ability to assess the costs associated with the removal or elimination of public health or safety hazards from private property. Recently there were 12 properties that the City was required to clean -up due to public health and safety. Seven of these properties are currently vacant. At the Council meeting on September 7, 2011 the City Council declared the costs to be assessed, ordered the preparation of the assessment roll, and called for the public hearing to consider the assessment. The assessment notice was published on September 21, 2011, and the assessment notice was mailed to the property owner as required by State Statute. The action requested at this council meeting is for the Council to consider the adoption of the assessment. Discussion During 2010 and 2011, the Council approved the abatement of the listed properties due to various hazardous and safety violations. The City completed the abatements because the property owners failed to do so. PID Owner's Name at the Time of Abatement Property Address Abatement reason Cost of Abatement 08.027.21.13.0103 Benjamin Tourville 7303 Hidden Valle Ln S stagnant water, broken window $ 1 49.00 07.027.21.14.0075 Alan Thou Thao & May Moua 7311 Burr Oak Rd S remove debris $ 133.59 09.027.21.41.0036 Sheryl Falb - Joslin 7710 Iverson Ave S remove debris $ 226.58 10.027.21.33.0079 Kristina & Jason Jack 7760 Janero Ct S stagn water $1,891.00 15.027.21.21.0025 Charles Letendre & Lauri Hiber 801 Jergen Ave S 1 tree removal $ 267.19 17.021.21.12.0021 Joann & Leonard Duren 8021 Hemingway Ave S ext storage and trash accumulation $ 56 6.00 04.027.21.31.0087 Theodore W He strom 8316 66th Street S tree removal $ 347.34 Honorable Mayor, City Council, and Ryan Schroeder Hazardous Properties October 5, 2011 Page 2 of 2 16.027.21.24.0036 Lawrence Carr 8323 81 st Street Ln S nuisance conditions $ 86.50 18.027.21.41.0023 John & Lisa Wolter 8542 Grospoint Ave S ext storage and trash accumulation $ 539.00 17.027.21.33.0011 I Lisa Tessmer - Lurken 8787 Hamlet Ave S structural issues w over ron and $2,606.00 22.027.21.22.0065 Step hanie A. Green 9166 91st Street S remove and waste $ 53.44 22.027.21.22.0091 John D. Rositzki 9199 91st Street S remove yard waste $ 53.44 The City incurred costs to remove nuisance conditions that affect health and safety and invoiced the property owners for these costs. These invoices have not been paid. Staff is recommending that these costs be assessed to the listed properties per MN Statute 463. In addition to the above charges, the City incurred $153.00 to publish the assessment notice and $4.00 /lot for placing the assessment on the tax roll. The publishing fee will be distributed evenly among the properties. Therefore, the total assessment amount of $7,120.08 is recommended. Recommendation Staffs recommend that Council hold the public hearing and then adopt the assessment for the removal of public safety hazards from the properties located above. RESOLUTION NO. 11- RESOLUTION ADOPTING SERVICE CHARGES FOR THE REMOVAL OR ELIMINATION OF PUBLIC SAFETY HAZARDS FROM PRIVATE PROPERTIES WHEREAS, State Statutes provide for the assessment of costs associated with the removal or elimination of public safety hazards from private properties; and WHEREAS, the primary responsibility for the removal of these hazards rests with the property owner; and WHEREAS, Resolutions set dates for the property owners to remove these hazardous conditions or the City would remove these hazards and assess the cost against the property. NOW THEREFORE BE IT RESOLVED, the City Council of Cottage Grove, County of Washington, State of Minnesota, as follows: 1. Such proposed assessments, in the amount of $7,120.08, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to benefit by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 1 year, at an interest rate of 7 %, the first of the installments to be payable on or before the first Monday in January, 2012, and shall bear interest on the entire assessment from the date of assessment of this resolution until December 31, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and she/he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Director of Finance shall transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessment shall be collected and paid over in the same manner as other municipal taxes. 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