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HomeMy WebLinkAbout2015-104 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 15-104 RESOLUTION DECLARING COSTS TO BE ASSESSED 2015 WEED ABATEMENT CHARGES WHEREAS, pursuant to City Code Section 904, any weeds or grass growing upon any lot or parcel of land in the City of Lino Lakes to a greater height than eight (8"), or which have gone or about to go to seed are declared to be a nuisance, and WHEREAS, certain property owners in noncompliance with such code requirements were notified and provided the opportunity to comply with such provisions, and WHEREAS, upon failure of the property owner to comply with the provisions of said notice, the City Weed Inspector ordered the abatement of such nuisance, in accordance with the City Code Section 904, and charged the property owner thereof for expenses incurred by the City, and WHEREAS, the total cost incurred by the City is $274.02. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota that: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $274.02. 2. Assessments shall be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 2016 and shall bear interest at the rate of 7% percent per annum from the date of the adoption of the assessment resolution. 3. The city clerk shall forthwith calculate the proper amount to be specially assessed for such work against every property where work was completed by the City, as provided by law, and he/she shall file a copy of such proposed assessment in her office for public inspection. 4. The clerk shall upon the completion of such proposed assessment, notify the council thereof. Adopted by the Council of the City of Lino Lakes this 28th day of September, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor there Kusterman, Roeser, Stoesz, Raffert The following voted against same: none ATTEST: litlnne Bartell, City Clerk , Reinert eff Reine or CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: September 28, 2015 TOPIC: i. Consider Resolution 15-104, Declaring Cost to Be Assessed and Ordering Preparation of Assessment Role, 2015 Weed Abatement Charges ii. Consider Resolution No. 15-105 Calling for Hearing on Proposed Assessment, Weed Abatement Charges VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to: 1) declare the cost to be assessed for delinquent weed abatement charges and 2) call for a hearing on proposed assessments. BACKGROUND City Code section 904 establishes weeds or grass growing in excess of eight inches in height to be a public nuisance. Property owners in violation of this requirement are notified and provided an opportunity to cure the nuisance. If the violation is not addressed within a specified period of time City staff and/or private contractors are directed to abate the nuisance. The cost of abatement is charged to the property owner. In the event that the property owner fails to pay the costs incurred the City may certify the charges against the property for collection with property taxes as a special assessment. Minnesota Statues § 429.101 provides for the special assessment of certain service including weed elimination from properties. Special Assessments levied under this statute are subject to the procedural requirements of M.S. § 429.061 which requires the determination of the costs to be assessed and a public hearing to adopt the assessments. There are two properties proposed to be assessed. Each is being charged $137.01 for a total amount to be assessed of $274.02. The amount charged is based on staff time for completing the work and administrative costs. RECOMMENDATION Staff Recommends Approval of Resolution No. 15-104 and No. 15-105 ATTACHMENTS 1. Resolution No. 15-104 2. Resolution No. 15-105