HomeMy WebLinkAbout2011-10-05 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 10/5/11
PREPARED BY Community Development Ben Pierson
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 8787 Hamlet Avenue South with the
costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 8787 Hamlet Avenue
South.
BUDGET IMPLICATION $N /A $N /A N/A
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
DATE
❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
El
REVIEWED
APPROVED
DENIED
❑ ❑
❑
❑ ❑
❑
❑ ❑
❑
❑ ❑
❑
❑ ❑
❑
❑ ❑
❑
❑ ❑
❑
SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from Ben Pierson dated 9/30/11
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
/- lo�,Zvij
�r
City Administrator Date
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
CITY OF
MINNESOTA
COTTAGE GROVE
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: Ben Pierson, Code Enforcement Officer
DATE: September 30, 2011
RE: Nuisance Abatement at 8787 Hamlet Avenue South
On September 12, 2011, a complaint was made to the Cottage Grove Building Division
regarding overgrown grass and weeds and yard waste accumulation at 8787 Hamlet
Avenue South. During the inspection, it was noted there was a large branch in the front
yard. The property has been on the vacant property list for several months.
A notice was sent to the property owners notifying them of the violations with a deadline
for compliance of September 26, 2011. After re- inspection, the property had not been
brought into compliance. Because the property is vacant, the City would like to ensure
that yard waste violation is remedied in a timely manner.
Recommendation
That the City Council adopt a resolution ordering the abatement of the property at 8787
Hamlet 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 8787 HAMLET AVENUE SOUTH
WHEREAS, CitiMortgage, Inc. ( "Owners ") own property commonly known as 8787
Hamlet 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 Title 4 -2 -38; and
WHEREAS, the accumulation of yard waste 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 September 12, 2011, with notice to bring
the Property into compliance by September 26, 2011; and
WHEREAS, a re- inspection on September 28, 2011, revealed that no progress had
been made to bring the Property into compliance; and
WHEREAS, the Cottage Grove City Code Title 4 -2 -10 and 11 -6 -3 declares the
accumulation of yard waste 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 8787 Hamlet Avenue South in the City of Cottage Grove
in the exercise of the City's police powers by removing the yard waste
accumulation (large branch in front yard). The City assumes no liability or
obligation for any damage, destruction, or loss of property located at 8787
Hamlet Avenue South resulting from the abatement of nuisance conditions on the
property.
Resolution No. 2011 -XXX
Page 2 of 2
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 5th day of October 2011.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk