HomeMy WebLinkAbout2012-10-17 PACKET 06.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 10/171201
PREPARED BY Finance Robin Roland
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST
1. Conduct public hearing considering the assessment at properties for the removal of
public safety hazards at 8255 Hyde Avenue South.
2. Adopt resolution adopting the assessment for removal of hazardous conditions at 8255
Hyde Avenue South.
STAFF RECOMMENDATION
Hold the public hearing and adopt the resolution as proposed.
BUDGET IMPLICATION $ $
BUDGETED AMOUNT ACTUAL AMOUNT
ADVISORY COMMISSION ACTION
None
SUPPORTING DOCUMENTS
® MEMO /LETTER:
® RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
1 LEGAL RECOMMENDATION:
ADMINISTRATORS COMMENTS
FUNDING SOURCE
Date
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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
Lauren Nacar, Assessment Clerk
October 17, 2012
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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
was a property that the City was required to clean -up due to public health and safety. The
property is located at 8255 Hyde Avenue South and owned by Alan A and Christopher L Speten
according to County records.
At the Council meeting on September 19, 2012 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 October 3, 2012, 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
In July 2011, the Council approved the abatement of conditions creating hazardous property at
8255 Hyde Avenue South. There were numerous building code violations and fire hazards
existing on the property, including but not limited to damage to structural elements causing the
main level flooring to be structurally unsound: collapsed roof and partial collapse of the rear
exterior wall which would allow rain, snow and cold to enter; and smoke damage throughout the
building. The City completed the abatements because the property owners failed to do so. In
September 2012, the house was demolished.
The City incurred costs to remove the nuisance conditions that affected health and safety. The
City paid Central Plains Restoration $850.00 to secure the building; $1,265.60 to publish the
Order for Abatement in Rivertown Newspaper; $100.20 to Warner's Outdoor Solutions to mow
the grass; and $17,125.00 to Rumpca Enterprises to demolish the house. Staff is
recommending that these costs be assessed to the property per MN Statute 463. In addition to
the above charges, the City incurred $160.00 to publish the assessment notice and $4.00 /lot for
placing the assessment on the tax roll. Therefore, the total assessment amount of $19,504.80 is
recommended.
Recommendation
Staff recommends that Council pass the resolution to adopt the assessment for the removal of
public safety hazards from the property located at 8255 Hyde Avenue South in the amount of
$19,504.80.
RESOLUTION NO. 12-
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 $19,504.80, 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, 2013, and shall bear interest
on the entire assessment from the date of assessment of this resolution until
December 31, 2013. 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.
Passed this 17' day of October 2012
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
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