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Regular City Council Meeting Monday, October 27, 2008 Page 9 Roll Call Ayes: Willmus; Roe; Ihlan; Pust; and Klausing. Nays: None. c. Consider City Abatement for Code Violations at 411 South Owasso Boule- vard Permit Coordinator Don Munson summarized the staff report dated October 27, 2008. However, Mr. Munson noted that, based on the Nellessen's letter included in the packet, they have requested City help in paying a portion of the repair costs, contending that the City should have provided them with sewer service by gravity feed when the City main was installed in the 1960's, and/or were requesting that they be allowed to repay the charges over a five year period. Mr. Munson also noted the response to the Nellessen's by the City's Consulting Engineer, Roger Short of Banister Engineering in a letter dated June 13, 1961 and also included in the packet. Mr. Munson advised that staff was recommending that the City Council direct staff to abate the above-referenced public nuisance violation at 411 Owasso Boulevard South and to assess the charges over a five year period at an interest rate to be determined by the City's Finance Director. Discussion included whether there was a state or county program to defer prop- erty taxes, and whether this property would apply. Mr. Munson noted the difficulty in some elderly residents in completing such processes or complying with those types of programs, even with considerable ad- ministrative assistance from staff. City Attorney Jay Squires clarified that the State Law and City Code was specific to a process for senior citizens to request deferrals; but since this was for a code violation, those provisions would not apply. Further discussion included a history of contact with the property owners and neighboring complaints and frequency of those complaints; the property owner only being in residence for a portion of the year and gone during winter months; staff s contact with property owners during 2006, and lack of compliance by year- end, causing the action to be brought forth again this summer; controversy be- tween the City and staff on the cause of the smell (i.e., road work or environ- mental or weather related) as to the cause of the leakage and lack of complaints since the initial concerns were raised during a wet time of the year. Councilmember Pust opined that, given environmental concerns based on prox- imity to the lake, this item needed immediate abatement. Councilmember Pust