HomeMy WebLinkAboutResolution 2016-85 Theis Nuisance Abatement ResolutionCity of Corcoran October 27, 2016
County of Hennepin
State of Minnesota
RESOLUTION NO. 2016 -85
Motion By: Keefe
Seconded By: Hank
A RESOLUTION ORDERING ABATEMENT OF NUISANCES AND AUTHORIZING
ABATEMENT BY THE CITY ON THE PROPERTY AT 20575 COUNTY ROAD 10
WHEREAS, Richard Theis and Barbara Cornwell ( "the Owners ") are the owners of the
property at 20575 County Road 10, Corcoran, Minnesota (PID: 23- 119 -23 -23 -0010) ( "the
Property "); and
WHEREAS, the Property is adjacent to City property (PID: 23- 119 -23 -23 -0011) (the
"City Property "); and
WHEREAS, on December 17, 2015 Mike Pritchard, City Code Compliance Official,
noted extensive garbage and debris on the Property and on the City Property, which was not
deposited at places designated and provided for that purpose, scrap metal, trailers, boats,
snowmobiles, junk vehicles, parts and other items stored in violation of City Code and the
presence of a fence installed on City Property without City permission; and
WHEREAS, Mr. Pritchard notified the Owners of the nuisance conditions via a letter,
dated December 17, 2015 and subsequently sent an abatement order, dated February 19,
2016, requiring abatement of all nuisances on the Property and removal of all nuisances and
illegal storage on City Property and removal of the fence on City Property or the filing of an
appeal of the order by February 29, 2016; and
WHEREAS, the City entered into a Property Compliance Agreement with the Owners on
April 23, 2016 and that Agreement required cleanup and removal of all nuisance items, scrap
metal, junk, vehicles, brush, firewood, and clutter from the City Property by September 30,
2016. A separate agreement was also proposed by the City to abate the existing nuisances on
the Owners' property by October 1, 2016, however, Owners refused to sign the same and were
informed by Mr. Pritchard on May 9, 2016 that the City expected abatement of the Owners'
Property as well, in compliance with the order dated February 19, 2016; and
WHEREAS, Mr. Pritchard re- inspected the Property and the City Property on October 4,
2016 and determined that the Owners have not abated the nuisances on the Property nor the
City Property and have not filed notice of an appeal of the February 19, 2016 abatement order,
and;
WHEREAS, Corcoran City Ordinance 82.04 empowers the City to abate such
nuisances, under these circumstances, and provides for certification of all costs of the
abatement to be charged against the real estate as a special assessment to be collected in the
same manner as property taxes.
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City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2016 -85
October 27, 2016
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORCORAN, MINNESOTA THAT:
1. That the Owners shall abate all of the nuisances on the City Property (PID: 23- 119 -23-
23- 0011), outlined in the February 19, 2016 order and the April 23, 2016 Property
Compliance Agreement, by November 30, 2016.
2. That the Owners shall abate all of the nuisances on the Property (PID: 23- 119- 23 -23-
0010), outlined in the February 19, 2016 order and the April 23, 2016 Property
Compliance Agreement, by March 31, 2017.
3. That if the nuisances on the Property and on the City Property are not abated by the
dates above, the City shall be authorized to abate the nuisances on the respective
properties, upon the passage of the applicable deadline outlined above, and the Owner
shall be liable for the expenses incurred in doing so, based upon the City's fee schedule
and applicable ordinances.
4. That those expenses incurred due to abatement of nuisances on City Property (PID: 23-
119 -23 -23 -0011) shall be charged against the Owners' Property as a fee to be collected.
5. That those expenses incurred due to abatement of nuisances on the Property (PID: 23-
119 -23 -23 -0010) shall be charged against the Owners' Property as a special
assessment to be collected with the 2018 property taxes.
VOTING AYE
® Guenthner, Ken
® Keefe, Mike
® LaFave, Tonya
® Hank, Pat
® Thomas, Ron
VOTING NAY
❑ Guenthner, Ken
F-1 Keefe, Mike
❑ LaFave, Tonya
❑ Hank, Pat
❑ Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 27th day of October 2016.
g
Kenneth Guenthner, Mayor
ATTEST:
13
City Seal
Jessica Beise, City Clerk/Administrative Services Coordinator
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