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2011_0926_packet
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2011_0926_packet
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2/15/2012 1:34:39 PM
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m <br />` Ay act, substa atter <br />1) Public Nuisances are defined in part as n nce,, <br />32 emission or thing which creates a dangerous or unhealthy condition or <br />33 which threatens the public peace, health, safety or sanitary condition of <br />34 the city or which is offensive or has a blighting influence on the <br />35 community...'. A gravel driveway does not fit very well within the <br />36 definition of a public nuisance. <br />37 2) Would create a conflict in the City Code whereby an existing non- <br />38 conforming use (which is allowed) would be declared a public nuisance <br />39 (and therefore not allowed). <br />40 3), Would turn many existing non-conforming properties into public <br />4 1 nuisances and require these residents to spend large amounts to upgrade <br />42 driveway surfaces. <br />43 3. Perform a voluntary abatement whereby the City would contract to complete the hard- <br />44 surfaced driveway (with the property owner's permission), and assign the costs for <br />45 collection with property taxes (similar to the abatement process in Section 407.06). <br />46 a), Advantages.- <br />47 1), Would remove a City Code violation that continues to negatively impact <br />48 the surrounding neighborhood. <br />49 2), Would resolve an outstanding City Code violation much more quickly <br />than the citation process. <br />b), Disadvantages.- <br />1), Because this is a violation of Section 703 of the City Code and not a <br />public nuisance, the abatement process for public nuisances in Section <br />407 is not applicable in this case. <br />2), Could be viewed as the City providing short term funding for some <br />residents but not for others. <br />3), Could cause other property owners with violations to attempt to negotiate <br />versus comply. <br />4. Take no action.- <br />60 a), Advantages.- <br />6 1 1), Allows the property owner more time to recover financially and <br />62 eventually finish the driveway and come into compliance. <br />63 b), Disadvantages.- <br />64 1), Allows a City Code violation to continue and negatively impact <br />65 surrounding properties. <br />66 POLICY OBJECTIVE <br />67 Property maintenance through City abatement activities is a key tool to preserving high-quality <br />68 residential neighborhoods. Both Imagine Roseville 2025 and the City's 2030 Comprehensive <br />69 Plan support property maintenance as a means by which to achieve neighborhood stability. The <br />"7 ('_) Housing section of Imagine Roseville suggests that the City "implement programs to ensure <br />7 1 safe and well-maintained properties."' In addition, the Land Use chapter (Chapter 3), and the <br />"72 Housing and Neighborhoods chapter (Chapter 6), of the Comprehensive Plan support the City's <br />"73 efforts to maintain livability of the City's residential neighborhoods with specific policies <br />74 related to property maintenance and code compliance. Policy 6.1 of Chapter 3 states that the <br />"7 City should promote maintenance and reinvestment in housing and Policy 2.6 of Chapter 6 <br />76 guides the City to use code-compliance activities as one method to prevent neighborhood <br />77 decline. <br />Page 2 of 3 <br />
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