Loading...
HomeMy WebLinkAbout#18 - Collection of costs for 9240 31st St. N.STAFF REPORT DATE: October 6, 2020 CONSENT AGENDA ITEM: Collection of Certain Costs by Special Assessment SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: In June 2017 the city council approved a resolution ordering the abatement of a hazardous building at 9240 31st N. The issue went to through the district court and in summer 2019, the hazardous conditions were removed from the property according to a court order. The city incurred $34,198.00 in costs to abate the property. Earlier this year we went back to the district court to ask for permission to specially assess those costs to the property along with $26,451.84 in legal costs. That request was recently granted. ISSUE BEFORE COUNCIL: Should the Council approve the resolution to set a public hearing date and specially assess the costs related to abatement of hazardous conditions at 9240 31st N? PROPOSAL: Included in your packet is a resolution setting the public hearing for the assessment for the November 4, 2020 Council meeting. If approved by the Council, the notice of the assessment hearing must be published in the newspaper at least once and at least two weeks before the meeting, and the notice must also be mailed to the property owner at least two weeks before the meeting. FISCAL IMPACT: This process allows the city to recover $34,198 in abatement costs. The legal costs have already been approved to be assessed to the property. OPTIONS: 1) Approve Resolution No 2020-084 2) Amend and then Approve Resolution No 2020-084 3) Do not approve the resolution RECOMMENDATION: If removed from the consent agenda: “Motion to approve Resolution No 2020-084.” ATTACHMENTS: • Resolution No 2020-084 1 CITY OF LAKE ELMO, MINNESOTA RESOLUTION 2020-084 RESOLUTION PROVIDING FOR THE COLLECTION OF CERTAIN COSTS BY SPECIAL ASSESSMENT PURSUANT TO MINNESOTA STATUTES SECTIONS 463.161 AND 463.21 RELATING TO THE REMOVAL AND CORRECTION OF HAZARDOUS CONDITIONS ON THE PROPERTY LOCATED AT: 9240 31ST STREET NORTH, LAKE ELMO, MINNESOTA 55042 The City Council of the City of Lake Elmo, Minnesota (“City”) resolves: Section 1. Background: Findings. 1.01. The City Council by Resolution No. 2017-066 determined that the buildings on the property located at: 9240 31st Street North in the City (“Property”) were hazardous buildings within the meaning of Minnesota Statutes Section 463.15, subdivision 3 and ordered the abatement of the hazardous property conditions pursuant to Minnesota Statutes Section 463.16 (“Order”). 1.02. Notice of the Order was personally served on all owners and taxpayers of record and all holders of mortgages on June 22-23, 2017. 1.03. The City did not receive any response to the Notice of the Order and after 20 days it filed a motion for default judgment with the Washington County District Court (“District Court”). 1.04. The District Court sustained the Order on December 18, 2018 (“Court Order”) as to 9240 31st Street North. 1.05. The Court Order further held that if the hazardous conditions on the Property were not removed or corrected by May 31, 2019, the City may enter the Property and cause the hazardous conditions to be removed by razing the buildings and that the City’s costs to abate the hazardous conditions may be recovered by the City in accordance with Minnesota Statutes Section 463.21 upon motion and approval of the District Court. 1.06. The hazardous conditions on the Property were not removed or corrected by May 31, 2019, and the District Court entered an order on July 26, 2019 allowing the City to enter the Property to enforce the Order and abate the conditions found to be hazardous. 1.07. The City proceeded to abate the hazardous condition on the Property and has incurred various costs and expenses in connection with the abatement. Minnesota Statutes Sections 463.161 and 463.21 authorize the City to recover those costs (“Costs”) by means of a special assessment against the Property in the manner provided by Minnesota Statutes Section 429.061 to 429.081 and 463.161 (the “Act”). 1.08. The City was granted authority by the District Court to proceed with the special assessment process by order dated September 24, 2020. 2 1.09. It is found and determined that it is in the best interests of the City and the public health, safety and welfare that the Costs be recovered by special assessment against the Property as provided by the Act. Sec. 2. Authorization: Hearing. 2.01. The City Clerk, Building Official and City Attorney are authorized and directed to prepare an assessment roll listing all of the costs authorized for the assessment (“Assessment Roll”) and to present that Assessment Roll to the City Council as soon as possible. The Assessment Roll will be made available for public inspection prior to the hearing date fixed by Section 2.02. 2.02. The City Council will meet at 7:00 p.m. on November 4, 2020, to conduct a public hearing concerning the assessment and to adopt the Assessment Roll or modification thereof for certification to Washington County for collection in the same manner as other municipal taxes. 2.03. The City Clerk is authorized and directed to publish and mail notice of the public hearing in the manner provided by law. Sec. 3. Payment Option. The owner of the Property may, at any time after the adoption of the Assessment Roll and prior to the certification of the Assessment Roll to the County, pay the whole of the Assessment with interest accrued to the date of payment to the City Clerk, except that no interest will be charged if the entire Assessment is paid within 30 days of the adoption of the Assessment Roll. Approved by the City Council of the City of Lake Elmo this _______ day of _______, 2020. CITY OF LAKE ELMO, MINNESOTA ____________________________________ Mayor Attest: _____________________________ City Clerk