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CITY COUNCIL <br />AGENDA ITEM 6C <br /> <br /> <br />STAFF ORIGINATOR: Michael Grochala, Community Development Director <br /> <br />MEETING DATE: March 8, 2021 <br /> <br />TOPIC: Consider Resolution No. 21-19, Declaring Public Health <br />and Safety Nuisance at 6367 Ware Road and Ordering <br />Abatement <br /> <br />VOTE REQUIRED: 3/5 <br /> <br />INTRODUCTION <br /> <br />Staff is requesting council consideration to declare a public health and safety nuisance at 6367 Ware <br />Road and order the abatement of the nuisance. <br /> <br />BACKGROUND <br /> <br />The property, located at 6367 Ware Road, has been the subject of several complaints over the past <br />three years for exterior storage of refuse, discarded appliances, junk vehicles and other debris. The <br />property owner has been cited several times for non compliance with City Code sections 901.01(1), <br />901.02(5), 901.03(11), 901.03 (13), 901.03 (18), and 901.03(19). These have led to his conviction of <br />criminal charges for the property violations in three court cases. An additional probationary hearing is <br />scheduled at the end of the month. Neither the citations nor convictions have resulted in the removal <br />of the nuisance conditions. <br /> <br />The property owner was issued an abatement order, as provided for in City Code Section 903.04(2), on <br />February 5, 2021 and provided 20 days to bring the property in compliance. The owner was also <br />provided the opportunity to appeal the Oder for Abatement. The deadline for removing the items <br />and/or filing an appeal was February 26, 2021. No request was filed with the City. City staff <br />completed an inspection of the property on March 1, 2021 and found the property is in violation of the <br />above reference city code requirements. <br /> <br />Accordingly, staff is seeking City Council action to declare the property a public health and safety <br />nuisance, authorize staff to take all necessary steps to abatement the nuisance and assess all costs for <br />the same to the property. The City Attorney will seek an administrative warrant and summary <br />abatement order from a court. All costs associated with the removal and will be assessed to the <br />property and certified to the County Auditor for collection with the property pursuant to 903.04(3) of <br />the City Code. <br /> <br />The owner has been notified of the City Council’s consideration of this item. <br /> <br />RECOMMENDATION <br /> <br />Staff is recommending approval of Resolution No. 21-19.