HomeMy WebLinkAbout6A, Resolution 2009-019 - 3736 Brighton Way South
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Request for Council Action
Prepared By:
James Lehnhoff
Community Development Director
Council Meeting Date: July 27, 2009
Motion to approve Resolution 2009-019 ordering abatement at 3736 Brighton Way South
for noxious weeds and other growths of vegetation not in compliance with City regulations.
Budgeted Amount:
Actual Amount:
Funding Source:
Recommendation:
Approve Resolution 2009-019 ordering abatement at 3736 Brighton Way South for noxious
weeds and other growths of vegetation not in compliance with City regulations.
Supportin!! Documents:
1, July 27,2009, Memo to the City Council
2, July 15, 2009, Final Letter to the Property Owner of 3736 Brighton Way South
3, Resolution 2009-019: Abatement of a Nuisance at 3736 Brighton Way South
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MEMORANDUM
DATE: July 27, 2009
TO: Mayor & City Council
FROM: James Lehnhoff, Community Development Director
SUBJECT: Accelerated Nuisance Abatement
3736 Brighton Way South (PID: 283023310030)
Reauested Action
Motion to approve Resolution 2009-019 ordering abatement at 3736 Brighton Way South for
noxious weeds and other growths of vegetation not in compliance with City regulations.
Back2round
Due to a complaint about excessive grass and weed growth, staff inspected 3736 Brighton Way
South on May 20, 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. The property owner was
notified and worked to resolve the violation. However, another complaint was submitted at the
end of June, the inspection confirmed the violation, and the property owner was notified on July
6 to resolve the violation by July 14. The violation was not resolved by July 14. There were
similar violations and letters sent in 2006, 2007, and 2008. This property has demonstrated a
history of violating the noxious weeds and excessive grass length regulations.
In accordance with the City's accelerated abatement procedures in Section 602.07 of the City
Code, a certified letter was sent to the property owner on July 15, 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 July 24,2009.
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 3736
Brighton Way and to continue the abatement order for a two year period. The two year period
City of Arden Hills
City Council Meetingfor July 27, 2009
C:IDocuments and Settingslbecky.brazyslLocal Settings I Temporary Internet FilesIOLK15FI07-27-09 - CC Memo - 3736 Brighton Way-
Nuisance Abatement. doc
Page 1 of 2
would expire on July 27, 2011. 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 125 percent of the cost of the work
plus administrative costs. If the charges are not paid, the charge 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 2009-019 ordering abatement at 3736 Brighton Way South for noxious
weeds and other growths of vegetation not in compliance with City regulations.
Attachment
. July 15, 2009, Final Letter to the Property Owner of3736 Brighton Way South
. Resolution 2009-019: Abatement of a Nuisance at 3736 Brighton Way South
City of Arden Hills
City Council Meetingfor July 27, 2009
C:\Documents and Settings\becky.brazys\Local Settings \ Temporary Internet Files\OLK15F\07-27-09 - CC Memo - 3736 Brighton Way-
Nuisance Abatement. doc
Page 2 of2
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EN HILLS
July 15, 2009
Howard J.. Myers, Jr.
3736 Brighton Way South
Arden Hills, MN 55112
Re; Code Violation, Final Notice
3736 Brighton Way S. PID ~ 28-30-23-31-0030
Dear Resident:
On July 14, 2009, the City of Arden Hills investigated an ongoing complaint and re-inspected your
property. It was 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 busio.ess day on July 27, 2009, to remediate
the above violation. If the violation is not remediated by the required date, the City will order abatement
as allowed WIder 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 document was sent to you in a
similar letter sent to you dated 5/27/09. This is the final notice of the same, continuing 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 27, 2009, 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 your cooperation.
Sincerely,
(J oeY' f'(V\~r
John MJenga
Building Inspector
Code Enforcement Officer
cc: Dave Scherbel, Building Official
James Lehnhoff: Community Development Director
Jerry Filla, City Attorney
Code Enforcement File
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5743
Phone 651.792.7800 . Fax 651.634.5137 . ,"vww.cI.arden-hills.mn"us "
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CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2009-019
ABATEMENT OF A NUISANCE at 3736 BRIGHTON WAY SOUTH
WHEREAS, Howard J. Myers, Jr, is the property owner of the following described property:
Address: 3736 Brighton Way South
PID:283023310030
Legal Description: Chatham Second Addition, Lot 2, Block 3
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 held a hearing on July 27, 2009. All persons present
at said meeting were given an opportunity to be heard and present written statements. The
Council also considered the recommendation of the City Staff that this abatement be approved,
and
NOW, THEREFORE, BE IT RESOLVED THAT THE ARDEN HILLS CITY COUNCIL
hereby adopts Resolution 09-019 to abate noxious weeks and vegetation growth that does not
comply with City regulations at 3736 Brighton Way South, 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 July 27,2011, 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 27th
DAY OF JULY, 2009.
Stanley D. Harpstead, Mayor
ATTEST:
Ronald J. Moorse, City Administrator