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Home My WebLink About8C, Resolution 2012-013 – Calling a Public Hearing for the Recovery of Costs for 1415 Glenhill Road (2) ,-AIQEN HILLS Request for Council Action 8C Prepared By: Sue Iverson, Director of Finance Council Meeting Date: May 14, 2012 and Administrative Services Calling a Public Hearing for the Recovery of Costs for 1415 Glenhill Road Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Recommendation: Adopt Resolution 2012-013, a resolution calling for a public hearing on June 11, 2012 for the recovery of costs related to Animal Control Regulation costs at 1415 Glenhill Road. Supporting Documents: 1. Memorandum from Sue Iverson dated May 14, 2012. 2. Letter from Jerry Filla to Sue Iverson dated May 7, 2012. 3. Resolution 2012-013. ,-ARENHILLS MEMORANDUM DATE: May 14, 2012 TO: Honorable Mayor and City Council Patrick Klaers, City Administrator FROM: Sue Iverson, Director of Finance and Administrative Services SUBJECT: Recovery of Costs for 1415 Glenhill Road Backl4round The County declared the property to be a public health nuisance and ordered the removal of cat feces and urine. This included the removal of animals per the City's Animal Control Regulations. The City is allowed to recover the fees related to this abatement. We have sent a bill for the costs to the property owner and she has informed us that she refuses to pay this bill. We are now proceeding to use the legal remedies available to us to recover these expenses. Discussion The process to recover these fees is similar to the 429 process we use for special assessments on road construction projects. The first step in this process is to call for a public hearing. Our Attorney, Jerry Filla, has prepared a letter outlining the process and will be in attendance at the meeting to answer any questions. Staff Recommendation A motion to adopt Resolution 2012-013, calling for a public hearing on June 11, 2012, for the recovery of costs related to Animal Control Regulation costs at 1415 Glenhill Road. Warren E.Peterson ��--7-1 Suite 800 E Jerome P.Filla RS 55 East Fifth Street Daniel Witt FP WM BERGMAN S[.Paul.MN 55101-1718 Glenn A.Bergman (651)291-8955 John Michael Miller O (6511228-1753 facsimile Michael T.Oberle www.pfb-pa.com Steven H.Bruns' Paul W.Fahning• Sonia R.Ortiz Ben I.Rust Jonathan R.Cuskey Tracy 1.Halliday (651)290-6907 Jared M.Goerlitz ifitla@pfb-12a.com Dan M.Duffek• May 7,2012 Susan Iverson Director of Finance City of Arden Hills VIA EMAIL 1245 West Highway 96 Arden Hills, MN 55112 Re: 1415 Glenhill Road Recovery of Costs Sue: The County declared the Stenberg property to be a public health nuisance and ordered the removal of cat feces and urine. The County's order broadly covered the removal of cats, which was necessary to abate the nuisance. The City's Animal Control Regulations (City Code §420.05) allow the City to seize and impound animals for up to five (5) days. Thereafter the City is allowed to humanely dispose of the unclaimed animals. City Code §420.06 allows the City to recover impoundment fees and disposal costs for unclaimed animals. The City can recover its costs for the elimination of a public health hazard pursuant to the provisions of §429.101, Subd. 1(3), by following the same procedures it does for regular 429 special assessment projects. 1. City Council reviews the veterinary costs and sets a date for the public hearing, which must be proceeded by two (2) weeks mailed and published notice. The notice should include the following: a. The date, time and place of the public hearing; b. The general nature of the costs which are proposed to be assessed. c. The address of the property to which the costs will be assessed. d. The total amount of the proposed assessment. e. Statement which indicates the following: •AI.50 ADMIrrED IN WISCONSIN May 7, 2012 Page 2 1. That the proposed assessment roll is on file with the City Clerk. 2. The City will consider written or oral objections to the proposed assessment roll. 3. No one can appeal from the special assessment amount unless the written objection is signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the City at the time of the assessment hearing. 4. A statement that indicates that the owner may appeal the assessment pursuant to the provisions of §429.081, by serving a notice of appeal upon the Mayor or Clerk within thirty (30) days after the adoption of the assessment, and by filing the notice with the district court within ten (10) days after service on the Mayor or Clerk. 5. The Notice shall also inform the property owners of the provisions of Minn. Stat. §435.193 and to 435.195 and the existence of any former procedures established pursuant thereto. g. In addition, the notice mailed to the property owner must state in clear language the following: 1. The amount to be specially assessed against the property. 2. The adoption by the council. The proposed assessment roll may be taken at the hearing. 3. The right of the property owner to repay the entire assessment and the person to whom prepayment must be made. 4. Whether the partial prepayment of the assessment has been authorized by an ordinance. 5. The time in which the prepayment may be made without the assessment of interest. 6. The rate of the interest to be accrued if the assessment is not prepaid within the required period of time. May 7, 2012 Page 3 Special assessments levied for this purpose can be made payable in a single installment by up to ten (10) equal and annual installments as the council deems appropriate. If you have any questions, please contact me. VWPlaJ JPF/jmt lt ,-A EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2012-013 RESOLUTION CALLING FOR A PUBLIC HEARING FOR THE RECOVERY OF COSTS RELATED TO ANIMAL CONTROL REGULATION COSTS AT 1415 GLENHILL ROAD WHEREAS, the County declared the property at 1415 Glenhill Road to be a public health nuisance and ordered the removal of cat feces and urine; WHEREAS, this order broadly covered the removal of cats which was necessary to abate the nuisance; WHEREAS, the City's Animal Control Regulations (City Code 420.05) allows the City to seize and impound animals for up to five (5) days and thereafter is allowed to humanely dispose of the unclaimed animals and recover the impoundment fees and disposal costs for unclaimed animals; WHEREAS, the City can recover its costs for the elimination of a public health hazard pursuant to the provisions of 429.101, Subd. 1(3); WHEREAS, the City has provided the property owner at 1415 Glenhill Road with a itemized bill of the expenses and the owner has informed the City of their decision not to pay; NOW,THEREFORE,BE IT RESOLVED by the Mayor and the City Council that: 1. A hearing shall be held at 7:00 p.m. on the 11th day of June, 2012 in the city hall at 1245 West Highway 96, to pass upon such proposed assessment. All persons owning the property affected by abatement of this public health hazard will be given an opportunity to be heard with reference to such assessment of the recovery of the costs. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the abatement. He shall also cause mailed notice to be given to the owner of the property described not less than two weeks prior to the hearing. P:1Admin%CounciRResolutions\2 01 212 01 2-01 3 Resolution Calling for a Public Hearing on Animal Control Regulation Costs.doc 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. An owner may at any time thereafter, pay to the County the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 14th DAY OF MAY, 2012. David Grant, Mayor ATTEST: Susan Iverson,Acting Administrator P:Vldmin\Council\Resolutions\2012\2012-013 Resolution Calling for a Public Hearing on Animal Control Regulation Costs.doc