7B, Approve Ordinance 2009-004 - Laserfiche WebLink

Home Browse Search

. Emergency abatement - existing . Accelerated abatement - proposed The abatement process is what gives the City the ability to complete work on a property and charge a property owner for the work that was completed. General abatement and emergency abatement are already in the existing code, though the City Attorney has updated and streamlined the process in the proposed code update where possible. These two procedures are guided by State Statute. While the general abatement process can be effective in resolving a nuisance, it can still take 45 days to 12 months from the Council issuing an order to abate to the nuisance actually being resolved. The time line largely depends on if the property owner appeals the abatement order to the court. When a city orders a general abatement, a request for summary enforcement is submitted to the district court. If the property owner does not provide a response or appeal to the court, the city generally wins by default and the city could move forward with completing the cleanup work on the property and initiating the assessment process for the cost of cleanup. In emergency situations, the city can abate a nuisance without a court ordered summary enforcement. However, the City would still be responsible for proving that the abatement was indeed a public nuisance. Emergency abatements are rare occurrences since few nuisances would justify an immediate danger to the public safety and welfare. Accelerated Abatement (602.07) The principal change to the nuisance and abatement ordinance is the addition of the accelerated abatement procedure. This is a process adopted by a number of cities to expedite the abatement of certain types of nuisances where a particular property has become a repeat offender and the nuisance is likely to occur again. Failing to cut grass and removing noxious weeds are common types of reoccurring nuisances. Other common types of reoccurring nuisances include: nuisance weeds and other vegetative growth, snow/ice removal, accumulation of debris and garbage, the trimming and care of trees and the removal of unsound trees from any street, the treatment and removal of insect infested or diseased trees on private property, and inspections relating to a municipal housing maintenance code violation The accelerated abatement process starts off similar to the general abatement process. The City must provide notice to the property that is in violation of the ordinance. If the violation goes unresolved, the City Council can then hold a hearing to consider abating the ordinance if the property owner/tenant does not comply within a specified amount of time. If the property owner does not comply, the City can then contract for the work to be completed and charge the cost back to the property owner. Where the accelerated abatement process differs from general abatement is that accelerated abatement allows the City Council to issue a two year order to continue abatement if the violation reoccurs without the need for an additional public hearing. City of Arden Hills City Council Meetingfor February 9,2009 \ \Metro-inet.us\ardenhills\Planning\Community Development\Community Livability\MemoslO20909 - CC Memo - Nuisance Ordinance Amendment. doc Page 3 of 4