HomeMy WebLinkAbout2016-49 Resolution_Ordering_Abatement (2).DOC481253v1 AMB LA515-20 1
CITY OF LAKE ELMO WASHINGTON COUNTY MINNESOTA RESOLUTION NO. 2016-49 A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS
CREATING A NUISANCE EXISTING ON THE PROPERTY LOCATED
AT 8139 38th STREET NORTH IN THE CITY OF LAKE ELMO WHEREAS, the property located at 8139 38th Street North contains a single family dwelling (the “Subject Property”); and
WHEREAS, the City Council received several complaints that there are large accumulations of junk and debris located in the yard of the Subject Property; and WHEREAS, Section 96.07 of the City Code states that it is unlawful to store or
accumulate any refuse, garbage, or rubbish on private property, unless such accumulation is in a
container permitted, and the contents disposed of, under other provisions of the City Code; and WHEREAS, by notice dated May 13, 2016, Wells Fargo, N.A., the owner of the Subject Property was ordered by the City to abate the nuisance conditions on the Subject Property within
10 days; and
WHEREAS, the owner has not abated the nuisance conditions; and WHEREAS, pursuant to Section 96.11 of the City Code, the City Council may by
majority vote order the abatement of a nuisance on any premises in violation of Chapter 96 of the
City Code; WHEREAS, the City Council is to issue a written notice to the owner, lessee, or occupant or any person having care or control of the property to abate the nuisance; and
WHEREAS, the City Council has determined that nuisance conditions do exist on the Subject Property in violation of the City Code; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake
Elmo as follows:
1. The City Council hereby finds that there are nuisance conditions on the Subject Property that meet the definition of nuisance conditions set forth in Section 96.04 of the City Code.
2. The conditions on the Subject Property also constitute a public nuisance within the meaning of Minnesota Statutes Section 609.74 and City Code Section 96.03.
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3. The City Attorney shall prepare an Order to Abate the Nuisance substantially
similar to that attached hereto as Exhibit A. 4. The City Attorney is authorized to take all necessary legal steps to effectuate service of the Notice of Hearing on Order to Abate Nuisance in the manner required by Section 96.11 of the City Code.
5. If the nuisance is not abated within five days of the delivery of the notice required herein, the Building Official shall cause the nuisance to be abated. The Building Official is authorized to take all necessary steps to abate the nuisance. If the City is required to abate the nuisance, it shall recover all costs incurred as a result of
the abatement as outlined in Section 96.12 of the City Code. Passed and duly adopted this 21st day of June, 2016, by the City Council of the City of Lake Elmo,
Minnesota.
Mike Pearson, Mayor
ATTEST: ________________________________ Julie Johnson, City Clerk
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EXHIBIT A Order to Abate Nuisance TO: All owners, lessees, occupants and persons having control or care of the property described herein. The City Council of the City of Lake Elmo hereby notifies you upon inspection that it has
found large accumulations of junk and debris in the yard of the property located at: 8138 38th
Street North, in the City of Lake Elmo, County of Washington, State of Minnesota which
property is legally described as:
Lot 22, Bordners-Garner Farmettes, Lake Elmo, Minnesota
The City Council hereby orders that the nuisance be abated within five days of the date of
delivery of this Order as required by Section 96.11 of the City Code. Failure to abate the
nuisance within five days may result in the City taking action to abate the nuisance in accordance
with Sections 96.11 and 96.12 of the City Code.
If the City is compelled to abate the nuisance, all necessary costs incurred by the City in
undertaking the abatement will be sought in a civil action or assessed against the property
pursuant to Section 96.12 of the City Code.
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Dated: June __, 2016. KENNEDY & GRAVEN, CHARTERED
By: Sarah J. Sonsalla (#0313464)
470 U.S. Bank Plaza
200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300
ATTORNEYS FOR THE CITY OF LAKE ELMO