HomeMy WebLinkAbout2017.09.18 (2)Abatement Hearing Dennis & Karen Schultz 13101 Henna Avenue
Monday, September 18, 2017
Good evening. Tonight we are here to hold an abatement hearing for Dennis & Karen Schultz for their property located on 13101 Henna Aven. N.
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Site
Highway 61
170th Street
CSAH 8
Henna Ave
The property is located south of 132nd St. N. and east of Henna Ave.
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Background
The City received a complaint regarding trash, debris, and junk vehicles lying about the property.
City staff inspected the property and confirmed that there were nuisance violations,
which included the accumulation of 40-50 junk vehicles, small machinery, boats, tires, and other miscellaneous junk and debris.
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Background
The first violation letter was sent on August 8, 2016.
City staff repeatedly contacted and met with the property owner to encourage and assist with formulating a plan and action to eliminate
junk, wrecked and old vehicles and materials littering the property.
The property owner has not corrected the situation despite requests for voluntary compliance and offers of assistance.
Consistent with the City’s approach of attempting to work with the property owner directly before seeking any formal intervention, City staff repeatedly contacted and met with the property
owner to encourage and assist with formulating a plan and action to eliminate junk, wrecked and old vehicles and materials littering the property. Although the property owner has made
some progress with the property, it has been minimal and the situation has not been corrected. There are still multiple Code violations on the property.
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Violations
Municipal Code Chapter 46, article I., Section 46-2 and 46-3:
Section 46.2 – Public nuisances affecting health, safety, comfort or repose.
(3) The accumulation of garbage and rubbish
not in containers, as required by ordinance of the city;
(5) An accumulation of tin cans, bottles, glass, trash or debris of any nature or description;
Section 46.3 – Public nuisances
affecting peace and safety.
(1) The piling, storing or keeping of wrecked or junked machines or vehicles and other junk or debris other than by persons involved in commercial business
where the city council deems certain accumulations are necessary in the course of transacting business.
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Summary of Order
The code violations shall be corrected and brought into compliance within 30 days of the service and posting of this order upon the property owners.
If property is not brought into compliance
in the 30 days, the City will enter the property and mark each piece of rubbish or junk vehicle using spray paint.
If those items are not removed within 10 days, the City may enter the
property and remove them at the cost to the owners.
Any costs incurred by the City shall be assessed as taxes.
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Conclusion/Recommendation
City staff has been working with the property owners to bring the property into compliance by cleaning up the trash, debris, and junk vehicles. Although some progress has been made
by the property owners, it has been slow progress and the site still has multiple violations.
City staff recommends the City Council open the abatement hearing and take comment and testimony
from the property owner and/or their representatives.
Staff recommends the Council approve the order to abate the property located at 13101 Henna Ave. N. to bring the property into
compliance with City Code.
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