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Home My WebLink About7A, Abatement Order for 1131 Benton Way� �SR�EN HILLS Request for Council Action Prepared By: Jill Hutmacher, Community Development Director Council Meeting Date: July 9, 2012 Abatement Order for 1131 Benton Way Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Recommendation: Motion to approve resolution 2012-024 ordering abatement at 1131 Benton Way for growth of'noxious weeds and other vegetation in violation of CiTy Code. Supporting Documents: 1. Memorandum dated July 9, 2012, from Jill Hutmacher, Community Development Director. 2. Attachment A: Notification letters. 3. Attachment B: Resolution 2012-024: Abatement ofNuisance at 1131 Benton Way. ■ ■ � ■ � ■ ■ ■ T ■ ■ � ■ � ��■ ■ f � � � ■ ■ ■ ■ y ■ F � ■ � �: I� �� . � �� . . . � � � �5�1 � �w � � � � �� ' . � ■ � �i ■��■ � � . � . .� �.. �� R �� .7� `_ I �T � � i. f' -- .i ' t � ' .. , An abatement order allows the City to hire a contractor to complete the work on the property and charge the cost back to the property owner. The charge is 125 percent of the cost of the work including administrative costs. If the charges are not paid, the charge will be certified against the property for collection with the property taxes. If the same violation reoccurs within two years of the Council's order, staff can order abatement without an additional Council hearing or action. A letter would be sent to the property owner ordering the violation to be resolved within seven working days. If the violation is not resolved, staff can order the abatement and charge the expense back to the property owner. Prior to any action, the Council must provide a hearing for the property owner. The property owner was notified of the hearing in conformance with the City Code. Recommendation Motion to approve Resolution 2012-024 ordering abatement at 1131 Benton Way for noxious weeds and other growths of vegetation not in compliance with City regulations. Attachments A. Notification letters B. Resolution 2012-024: Abatement of Nuisance at 1131 Benton Way City of Arden Hills City Council Meeting July 9, 2012 Page 2 of 2 Attachment Notification Letters 1131 Benton Way July 9, 2012 City Council �S. EN HILLS June 12, 2012 Khaffak Ansaxi 1131 Benton Way Arden Hills, MN 55112 Re: Code Violation 1131 Benton Way PID# 343023140016 Dear Property Owner: The City recognizes that many times a resident may not be aware that the City has regulations that are designed to protect neighborhoods and their quality of life. On May 31, 2012, and June 7, 2012, the City of Arden Hills investigated a complaint and inspected your property. It was determined that there is a violation of the City Code: Plant Growth (602.02 Subd. 6) All noxious weeds and other growths of vegetation upon public or private property in excess of eight (8) inches. Please take the necessary corrective action by the close of the business day on Friday, June 22, 2012, to remediate the above violation. If the violation is not remediated by the required date, the City will order abatement as allowed under Section 602.07, Accelerated Abatement Procedure, of the Arden Hills City Code. An abatement order allows the City to have the necessary work completed to remediate the nuisance and charge 125 percent of the cost of the work, including administrative costs, back to the property owner. The charges can be certified against the property taxes for collection if they are unpaid. The abatement process is not the City's preferred course of action. We would prefer to work with you to resolve this violation. If you have any questions or need additional information, please contact me at (651) 792.7813. Thank you in advance for you cooperation. Sincerely, John Mennenga Building Inspector Code Enforcement Ofiicer City of Arden Hills • 1245 West Highway 96 • Arden Hills Minnesota 55112 Phone 651.792.7800 • Fax 651.634.5137 • www.ci.arden-hills.mn.us �5,. EN HILLS 7une27,2012 FINAL NOTICE Khaffak Ansari 1131 Benton Way Arden Hills, MN 55112 Re: Code Violation 1131 Benton Way PID # 34-30-23-14-0016 Dear Property Owner: The City recognizes that many times a resident may not be aware that the City has regulations that are designed to protect neighborhoods and their quality of life. That is not the case in this instance, as notices have been sent to you dated 6/29/2011 and 6/12/2012. On Monday, June 25, 2012, the City of Arden Hills conducted a reinspection of your property. It was determined that there is a continuing violation of the City Code: • Plant Growth (602.02 Subd. 6) All noxious weeds and other growths of vegetation upon public or private property in excess of eight (8) inches. Please take the necessary corrective action by the close of the business day on Thursday, July 5, 2012, to remediate the above violation. If the corrective action has not been taken by the required date, the City Council will hold a hearing at 7 pm on Monday, July 9, 2012, at Arden Hills City Hall, 1245 West Highway 96. You have the right to appear at that hearing. At that meeting, the Council can order the abatement of the above described nuisance. The abatement order can be continued for up to two years. An abatement order allows the City to have the necessary work completed to remediate the nuisance and charge 125 percent of the cost of the work, including administrative costs, back to the property owner. The charges can be certified against the property taxes for collection if they are unpaid. If the required remediation action takes place prior to the hearing and/or compliance date, please call for a reinspection at (651) 792-7813. If you have any questions or need additional information, please contact me at (651) 792-7813. Thank you in advance for you cooperation. Sincerely, John Mennenga Building Inspector Code Enforcement Officer City of Arden Hills • 1245 West Highway 96 • Arden Hills Minnesota 55112 Phone 651.792.7800 ■ Fax 651.634.5137 • www.ci.arden-hills.mn:us Attachment Resolution 2012-024 July 9, 2012 City Council � EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2012-024 A RESOLUTION TO ORDER ABATEMENT OF NUISANCE AT 1131 BENTON WAY WHEREAS, Mr. Khaffak Ansari is the owner of the property located at 1131 Benton Way ("Property") which is legally described as follows: Lot 3, Block 1, Hunters Park Second Addition subject to easements; common area interest in Outlot A WHEREAS, the City of Arden Hills sent a notice to the Property owner on June 12, 2012, indicating that the Property was in violation of City Code 602.02, subdivision 6, which prohibits the growth of noxious weeks and other vegetation in excess of eight inches; and WHEREAS, on June 27, 2012, the City of Arden Hills sent a Final Notice which indicated the day, time, and place of the Council Hearing at which the Arden Hills City Council would consider an order to abate the nuisance; and WHEREAS, both the June 12, 2012, and the June 27, 2012, notices were posted on the Property; and WHEREAS, on July 9, 2012, the City Council conducted a hearing; considered the comments made by parties who wished to be heard; and determined, based upon the evidence presented, that the growth of noxious weeds and other vegetation in excess of eight inches on the Property was a public nuisance as defined by the Arden Hills City Code. NOW THEREFORE, BE IT RESOLVED that the City Council of Arden Hills; Minnesota orders the abatement of noxious weeds and other vegetation in excess of eight inches on the Property within seven (7) days of the service of this Order to Abate as provided by law, unless within such time, the Property owner appeals the Order of the City Council by filing a Notice of Appeal with the Clerk of the District Court for the Second Judicial District; BE IT FURTHER RESOLVED that if the Property owner fails to abate the nuisance or file a Notice of Appeal as provided above, the City Administrator shall cause the nuisance to be abated and 125 percent of the cost of the abatement, including administrative costs, are hereby assessed against the Property to be collected with the real estate taxes in the year in which this Resolution is recorded, together with an Affidavit of Cost Incurred; and BE IT FURTHER RESOLVED that any assessments levied pursuant to this Resolution shall bear interest at the rate of 4.5 percent per annum from the date of recording until December 31St of the year in which the special assessment is paid in full. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 9th DAY OF JULY, 2012. David Grant, Mayor ATTEST: Patrick Klaers, City Administrator