HomeMy WebLinkAbout2011-11-02 PACKET 04.I.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
O V
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 7981 76th Street South with the
costs to be paid by the property owner.
STAFF RECOMMENDATION
Adopt the resolution ordering the abatement of nuisance violations at 7981 76th Street South.
BUDGET IMPLICATION $N /A
BUDGETED AMOUNT
ADVISORY COMMISSION ACTION
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❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
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$N /A N/A
ACTUAL AMOUNT FUNDING SOURCE
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 ministrator ata�
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 7981 76th Street South
Background
On September 21, 2011, a complaint was received about the property at 7981 76th
Street South, noting a dilapidated fence, trash container stored in public view, exterior
accumulation of trash, an unlicensed vehicle in the driveway, overgrown grass and
weeds, and a shattered rear window rendering the vacant structure unsecure. An
inspection confirmed the violations. A notice was sent on September 22, 2011, notifying
the property owner to secure the vacant structure by October 6, 2011. Following the re-
inspection on October 28, 2011, it was noted that the property is still in violation of City
ordinances.
That the City Council adopt a resolution ordering the abatement of the property at 7981
76th Street 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 7981 76TH STREET SOUTH
WHEREAS, David Kessah and Queetah Kekulah ( "Owner ") own property commonly
known as 7981 76th Street 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 9 -7 -9, and 9 -7 -12; and
WHEREAS, the broken unsecured rear window 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 22, 2011, with notice to bring
the Property into compliance by October 6, 2011; and
WHEREAS, a re- inspection on October 20, 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 broken unsecured rear
window 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 7981 76th Street South in the City of Cottage Grove in
the exercise of the City's police powers by securing the rear window. The City
assumes no liability or obligation for any damage, destruction, or loss of property
located at 7981 76th Street 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 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