2004-08-11 WS & CC Meeting - Laserfiche WebLink

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, I City Council shall have authority to affirm, amend, or reject the decision of the enforcing officer, . I would also request that you have approximately (4) deadlbrown trees in the rear yard near the fence removed. The Zoning Administrator and Building Official deem this to be a nuisance and a violation of Ordinance #6. I have enclosed Ordinance #6 and Ordinance #6A for your reference. Ordinance #6A, Section 6, #1 of the ordinance reads: Whenever the Zoning Administrator or Chief Building Official finds with reasonable certainty that a public nuisance exists on any public or private property in the City of Centerville, he shall notify the qffected property owner by personal service or by certified mail that the nuisance must be abated within a reasonable time, not less than twenty (20) days from the date of service of the notice. Service by certified mail shall be deemed complete upon mailing. The order shall stdte with specificity the nature of the violations and the requirements for compliance. The order shall also state that the property owner may, within twenty (20) days of the date of the order request a hearing befare the Hearing Examiner and shall set out the procedure by which that hearing may be requested The order shall also state that failure to abate the nuisance or request a hearing within the applicable time periods will result in summary abatement procedures, and that the cost of abatement will be assessed against the subject property. Upon expiration of the time required by the notice, the zoning Administrator or Chief Building Official may abate the nuisance unless a request for a hearing has been timely filed Ordinance #6A, Section 6, #2 of the ordinance reads: Any property owner who feels aggrieved by an order of the Zoning Administrator or Chief Building Official issued pursuant to this ordinance may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the City Clerk within twenty (20) days after service of the notice by the Zoning Administrator or Chief Building OfficiaL The City Clerk shall notify the Hearing Examiner who shall notify the property owner of the date, time and place of the hearing. The hearing shall be conducted no more than ten (10) days afier the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the property owner and the City. Both the property owner and the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. The Hearing Examiner's order shall be accompanied by written findings of fact. Any person aggrieved by the decision of the Hearing Examiner may appeal that decision to the City Council by filing notice of such appeal with the office of the City Clerk. At its next available regular meeting, following the filing of a notice of appeal, the Council shall review the decision and findings of the fact of the Hearing Examiner and shall affirm, repeal or modify that decision. The City shall take no action to abate any nuisance while the matter is still pending before the Hearing Examiner or the City CounciL If both of the above stated violations are not abated within their corresponding tirneframes, the City of CenterviIle will exercise their right to abate the violations and recover costs for same pursuant to Minnesota State Statute 429.101.