HomeMy WebLinkAbout2011-11-02 PACKET 04.J.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 11/2/11 ,
e
PREPARED BY Community Development Ben Pierson
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider ordering the abatement of nuisance violations at 7978 Grenadier Avenue South with
the costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 7978 Grenadier Avenue
South.
BUDGET IMPLICATION $N /A $N /A N/A
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
DATE REVIEWED
APPROVED
DENIED
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® MEMO /LETTER: Memo from Ben Pierson dated 10/28/11
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
City Adrhinistrator 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: October 28, 2011
RE: Nuisance Abatement at 7978 Grenadier Avenue South
On September 28, 2011, a complaint was received regarding trash container storage
and exterior accumulation of trash at 7978 Grenadier Avenue South. An inspection con-
firmed the violations. It was also noted that the property is vacant. A notice was sent on
October 6, 2011, notifying the property owner to correct the violations by October 20,
2011. The re- inspection noted that the property had not been brought into compliance,
and that the vacant house had an open rear window, rendering the structure unsecure.
A warning letter was sent on October 20, 2011, with a compliance deadline of October
27, 2011. Following another re- inspection on October 27, 2011, it was noted that the
property is still in violation of City ordinances.
Recommendation
That the City Council adopt a resolution ordering the abatement of the property at 7978
Grenadier 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 7978 GRENADIER AVENUE SOUTH
WHEREAS, Scott Kuehn ( "Owner ") owns property commonly known as 7978 Grenadier
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 11 -6 -3, 4 -2 -10, and 9 -7 -12; and
WHEREAS, the accumulation of trash and an unsecured rear window 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 October 6, 2011, with notice to bring the
Property into compliance by October 20, 2011; and
WHEREAS, following a re- inspection on October 20, 2011, a warning notice was sent to
the Owner on October 20, 2011, with notice to bring the Property into compliance by October
27. 2011: and
WHEREAS, a re- inspection on October 27, 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 accumulation of trash
and the unsecured rear window to be public nuisances 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 7978 Grenadier Avenue South in the City of Cottage
Grove in the exercise of the City's police powers by removing the accumulation
of trash and securing the rear window. The City assumes no liability or obligation
for any damage, destruction, or loss of property located at 7978 Grenadier
Resolution No. 2011 -XXX
Page 2 of 2
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 Director of the
Community Development Department, 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 2nd day of November 2011.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk