HomeMy WebLinkAboutResolution 2016-049MINNESOTA
WHEREAS, the property located at 8139 3 81h Street North contains a single family
dwelling (the "Subject Property"); and
WHEREAS, the City Council received several complaints that there are large
accumulations ofjunk 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, 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:
I 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 Atton-iey 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 6,11 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 6.12 of the City Code.
Passed and duly adopted this 2 I't day of June, 2016, by the City Council of the City of Lake Elmo,
Minnesota.
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Mike Pearson, Mayor
EST:
j0e linson, i Clerk
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