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Home My WebLink About6B, Resolution 2009-013 Abatement at 2015 Thom Drive ~ ~HILLS Request for Council Action Prepared By: James Lehnhoff Community Development Director Council Meeting Date: May 26, 2009 Motion to approve Resolution 2009-013 ordering abatement at 2015 Thorn Drive for noxious weeds and other growths of vegetation not in compliance with City regulations. Budgeted Amount: N/A Actual Amount: N/A Funding Source: N/A Recommendation: Approve Resolution 2009-013 ordering abatement at 2015 Thorn Drive for noxious weeds and other growths of vegetation not in compliance with City regnlations. SUllllortine: Documents: 1. May 26, 2009, Memo to the City Council 2. May 14,2009, letter to the property owner of2015 Thorn Drive 3. Resolution 2009-013: Abatement of a Nuisance at 2015 Thorn Drive ~ ~HILLS MEMORANDUM DATE: May 26, 2009 TO: Mayor & City Council FROM: James Lehnhoff, Community Development Director SUBJECT: Accelerated Nuisance Abatement 2015 Thorn Drive (PID: 28-30-23-33-0008) Requested Action Motion to approve Resolution 2009-013 ordering abatement at 2015 Thom Drive for noxious weeds and other growths of vegetation not in compliance with City regulations. Backl!round Due to a complaint about excessive grass and weed growth, staff inspected 20] 5 Thom Drive on May 11,2009. After the inspection, it was determined that the property was in violation of Section 602.02 Subd 6 of the City Code: noxious weeds and other growths of vegetation upon public or private property in excess of eight (8) inches. Letters were sent for the same type of violation in September 2006, May 2007, July 2007, and June 2008. A citation was issued in 2008, and the Court ordered a payment of $150 and to maintain the yard in accordance with City regulations. This property has a demonstrated a history of reoccurring violations related to noxious weeds and excessive vegetation growth. In accordance with the City's accelerated abatement procedures in Section 602,07 ofthe City Code, a certified letter was sent to the property owner on May 14,2009. The letter was also posted at the property. Based on the accelerated abatement procedures, the property owner has seven working days to abate the nuisance, which is by May 26,2009. While some mowing was completed on the property on or about May 19, the yard remains out of compliance with City regulations as of the printing of this memorandum. Due to the reoccurring nature of this violation, staff is requesting the City Council issue an order for abatement of noxious weeds and growth of vegetation in excess of eight inches at 2015 Thom Drive and to continue the abatement order for a two year period. The two year period would City of Arden Hills City Council A1eetingfor May 26, 2009 "L4hdocsJ'lah'AI-Jdllla'BlIilding'Address File!! Code EIl(orcemenl','fhom Drin?120/5\052()()9 CC Memo - 2fJ15 TIIOII1 DrilY? - Nllisollce Abalemenf.doc Page 1 of 2 expire on May 26, 20] I. The property owner has seven days from the Council's order to complete the work before the City can have the work completed. 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 ] 25 percent of the cost of the work plus administrative costs. If the charges are not paid, the cbarge will be certified against the property for collection with the property taxes. The City has secured a contractor that is also used by the Cities of New Brighton and Mounds View. If the same violation reoccurs within two years of the Council's order, staff could 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 Approve Resolution 2009-013 ordering abatement at 20]5 Thom Drive for noxious weeds and other growths of vegetation not in compliance with City regulations. Attachment · May ]4, 2009, letter to the property owner of2015 Thom Drive . Resolution 2009-013: Abatement ofa Nuisance at 2015 Thom Drive Cit)" of Arden Hills Cit)" Council Meetingfor May 26. 2009 ','AhdocsJlahL-1HdalaIBuilding\Address Fife'!! Code' EnforcemenliT7lOm Dril'e\20J5W526()1) CC .Memo - 20157110/71 Dril'e -Nuisance AbalellU?nf.doc Page 2 of2 ~ ~~HILLS May 14, 2009 Providence Homes, Inc. C/O Donald Kotoski 8374 North Shore Trail Forest Lake, MN 55025 C(O~ - \3~ Re: Code Violation 2015 Thorn Drive, Pill # 28-30-23-33-0008 Dear Providence Homes, Inc: On May 11, 2009, the City of Arden Hills inspected your property and determined that there is a continuing violation of the City Nuisance and Offenses Code: . Section 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 May 22, 2009, to remediate the above violation. If the violation is not remediated by the required date, the City wjll order abatement as allowed under Section 602.07, Accelerated Abatement Procedure, of the Arden Hills City Code due to previous and continuing violations of this regulation. A copy of that portion of Chapter 6 of the City of Arden Hills Code of Ordinances has been included for your reference. If the corrective action has not been taken by the required date, the City Council will hold a hearing at 7 pm on Tuesday, May 26, 2009, at Arden Hills City HaJI, 1245 West Highway 96. You have the right 10 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 remediatc the nuisance and charge 125 percent of the cost ofthe 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 you have any questions or need additional information, please contact me at (651) 792-7813. Thank you in advance for your cooperation. :9?:~ 1vlff Building Inspector Code Enforeement Officer cc: Dave Scherbel, Building Official James Lehnhoff, Community Development Director Jerry Filla, City Attorney Code Enforcement File City of Arden Hills . 1245 West Higbway 96 . Arden Hills, MN . 55112-5743 Phone 65].792.7800 . Fax ii51.634.5137 . wlnv.ci.arden-bills.mn.us ~ 'l\~ HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2009-013 ABATEMENT OF A NUISANCE at 2015 THOM DRIVE WHEREAS, Providence Homes, lnc. is the property owner of the following described property: Addrcss: 2015 Thom Drive PllJ: 283023330008 Legal Description: The West 17tifeet alLot 2 I. "Rohleder's Home and Garden Acres ". City of ArdcnlIills. RamseY' County. Minnesota WHEREAS, notice therefore was posted on said property and sent certified mail to the property Owner pursuant to City Regulations. and WHEREAS, this abatement was initiated pursuant to the City of Arden Hills Municipal Code, and WHEREAS, the Arden Hills City Council hcld a hearing on May 26,2009. All persons prescnt at said meeting were given an opportunity to be heard and present written statements. The Council also considered the recommcndation of the City Staff that this abatement bc approved, and NOW, THEREFORE, BE IT RESOLVED THAT THE ARDEN HILLS CITY COUNCIL hereby adopts Resolution 09.013 to abatc noxious weeks and vegetation growth that does not comply with City regulations at 2015 Thom Drive. and to charge the property Owner for 125% of the cost of abatement, including administrative costs. The City Administrator is authorized to monitor the property through May 26, 20 I I, and to abate any noxious weeds or vegetative growth that does not comply with City regulations. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 26th DAY OF May, 2009. Stanley D. Harpstead, Mayor ATTEST: Ronald J. Moorse, City Administrator