HomeMy WebLinkAbout#20T1 IF CITY OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE: 6/21/16
CONSENT
ITEM #: 20
AGENDA ITEM: Nuisance Abatement Order, 8139 3811' St -Adopt Resolution
SUBMITTED BY: Mike Bent, Building Official
THROUGH: Mike Bent, Building Official
REVIEWED BY: Kristina Handt, City Administrator
SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council
is asked to approve Resolution No. 2016-49 ordering the abatement of conditions creating a
public nuisance at 8139 38'1' Street N. No specific motion is needed, as this is recommended to
be part of the overall approval of the Consent Agenda.
STAFF REPORT: The property located at 8139 38th Street N has received multiple complaints
from nearby neighbors. The property has been inspected and found excessive accumulation and
piles of household garbage and rubbish located in multiple areas around the property creating a
public nuisance per city ordinance and state statute. The Abatement Order Resolution has been
prepared by the city attorney based on the information gathered during the investigation of this
case.
RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council
approve Resolution No. 2016-49 ordering the Abatement of the property listed.
ATTACHMENTS:
1. Resolution No. 2016-49
2. Photos of the Property
CITY OF LAKE ELMO
WASHINGTON COUNTY
NIINNESOTA
RESOLUTION NO. 2016-49
A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS
CREATING A NUISANCE EXISTING ON THE PROPERTY LOCATED
AT 8139 38" STREET NORTH IN THE CITY OF LAKE ELMO
WHEREAS, the property located at 8139 38`11 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:
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.
481253v1 AMB LA515-20
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 ()Hum, 2016, by the City Council of the City of Lake Ehno,
Minnesota.
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
481253v1 AMBLA5l52O
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.
481253v1 AME3 LA5I5-20
A-1
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
4812530 AMB LA515-20
A-2
Property Complaint location 8139 38th Street N
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