HomeMy WebLinkAbout10B - 13380 Hickory Avenue NE Building
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
SEPTEMBER 2, 2008
10 B
JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION ORDERING THE BUILDING
LOCATED AT 13380 HICKORY AVENUE NE BE SECURED
Introduction
The purpose of this agenda report is to consider a resolution ordering a vacant
and unoccupied structure, located at 13380 Hickory Avenue NE, be secured. If
the property owner fails to secure the building within six days of the order, the
City will do the necessary work and bill the property owner. This action is
recommended pursuant to Prior Lake City Code 605.700 (attached).
Historv
The property at 13380 Hickory Avenue NE is currently owned by Manley Land
Development, Inc., and was originally part of the preliminary plat application for
Pike Lake Ponds. The plat application was officially withdrawn in 2007.
In the past few years, a barn on this site has been demolished and the house
has remained vacant. Some months ago the City staff learned the inside of the
house had been vandalized and the windows had been broken. City staff
contacted the owner, who then boarded the windows and locked the door.
In August, 2008, City staff inspected the property and found the door open.
Although the windows remain boarded, the house is accessible through the
unlocked front door. We have attempted to contact the owner, but we have not
received any reply to our calls and e-mails.
Current Circumstances
On June 16, 2008, the City Council adopted Ordinance #108-03 amending
Section 605 of the City Code to include a section which specifically addresses
vacant buildings. Section 605.702 sets forth the procedure for securing vacant
and unoccupied buildings in a non-emergency situation. This procedure
requires:
1. The City Council must adopt a resolution finding that the building is
vacant and unoccupied, hazardous due to the fact that it is open to
trespass and has not been secured and could be made safe by securing
it, and ordering that the building be secured.
2. Notice of the order to secure the building must be served on the owner of
record of the premises or the owner's agent, the taxpayer identified in the
property tax records for that parcel, the holder of the mortgage or sheriffs
certificate, and any neighborhood association for the neighborhood in
www.cityofpriorlake.com
J\CODE ENF\code enfOrcelncnt\133ipheJ~(95Q~4~ .19800:1 f9PM~aJ5~?fl.~''?9f245
ISSUES:
FINANCIAL
IMPACT:
ALTERNATIVES:
which the building is located that has requested notice, by delivering or
mailing a copy to the owner or agent, the identified taxpayer, the holder of
the mortgage or sheriffs certificate, and the neighborhood association, at
the last known address. Service by mail is complete upon mailing.
3. If, within six (6) days after the order is served, the owner of the building
fails to either comply or to provide the City Council with a reasonable plan
and schedule to comply with its order, the City Council may cause the
building to be properly secured, and the cost of securing the building may
be charged against the property.
The staff's attempts to contact the property owner to secure the building have
been to no avail. At this time, we are asking the Council to take the next step
and order the property owner to secure the building.
The proposed action and resolution are consistent with Section 605.702 of the
City Code. The building must be secured to protect the health, safety and
welfare of the general population. This action will allow the City to secure the
building if the owner fails to do so as they have in recent months. In the event of
repeated instances of this nature, the resolution empowers the City Manager to
utilize City agents to secure the building at the property owner's cost without
following the process and timeline outlined above.
There is some cost involved in securing vacant and unoccupied buildings.
However, both the City Code and Minnesota Statutes allow the City to assess
this cost against the property. Because the plat was never finalized, there is no
letter of credit available to draw upon.
1. Adopt the attached resolution ordering the building at 13380 Hickory Avenue
NE be secured.
2. Other action as directed by the Council.
RECOMMENDED A motion and second adopting a resolution ordering the building at 13380
MOTION: Hickory Avenue NE be secured.
ReVi~J
Frank BOY~,
~....
"
,J:\CODE ENF\code enfOlcement\13380 Hickory\13380 Hickory Agenda Report,doc
Motion By:
Second By:
WHEREAS, Section 605.702 of the City Code allows the City Council to order a vacant building
secured; and
WHEREAS, City staff inspected the property at 13380 Hickory Avenue NE on Friday, August 22,
2008; and
WHEREAS, The property is vacant and unoccupied; and
WHEREAS, The property is hazardous due to the fact that it is open to trespass and has not been
secured; and
WHEREAS, The property could be made safe by securing it.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council hereby orders the vacant building be secured and remain secured as long as
abandoned or unoccupied.
3. Pursuant to Prior Lake City Code, the staff is directed to serve a notice of the order to secure the
property to the owner of record directing compliance within six days of receipt of said notice.
4. In the event the property owner fails to secure the structure within six days and on a continuing
basis thereafter, the City Manager may declare the situation an emergency and proceed to take
whatever measures he deems appropriate to secure the structure in accordance with Section
605.703 of the City Code.
PASSED AND ADOPTED THIS 2ND DAY OF SEPTEMBER, 2008.
YES
NO
Haugen
Erickson
Hedberg
LeMair
Millar
Haugen
Erickson
Hedberg
LeMair
Millar
Frank Boyles, City Manager
cnfo(cenv;nt\, 3380 f1k::kory\133BO ~:q~9fw!ii9~.com
Phone 952.447.9800 / Fax 952.447.4245
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 108-03
AN ORDINANCE AMENDING SECTION 605 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 605 of the Prior Lake City Code is hereby amended to delete the section in
its entirety and to add the following language:
SUBSECTIONS:
605.100:
605.200:
605.300:
605.400:
605.500:
605.600:
605.700:
605.800:
605.900:
605.1000:
SECTION 605
PUBLIC NUISANCES
PUBLIC NUISANCE DEFINED
SPECIFIC CONDITIONS AND ACTIVITIES
PERMITTING NUISANCES TO ExiST
NOTICE TO ABATE
POSTING PLACARD AND DANGEROUS BUILDING
ABATEMENT BY CITY
SECURING VACANT BUILDINGS
RIGHT OF ENTRY
COLLECTION OF ABATEMENT COSTS
ENFORCEMENT AND ENFORCEMENT PENALTIES
605.100:
605.200:
PUBLIC NUISANCE DEFINED: Any condition which unreasonably annoys,
injures or endangers the safety, health, morals, comfort, or repose of any
considerable number of members of the public, or interferes with, obstructs,
or renders dangerous for passage, any public highway or right of way, or
waters used by the public is a public nuisance.
SPECIFIC CONDITIONS AND ACTIVITIES: The following conditions are
public nuisances whenever they may be found within the City:
(1)
Any weeds, dirt or rubbish, or any will, offal, garbage (except in authorized
containers), ashes, manure, yard cleanings, dead animals, or any other foul
or unhealthy material;
(2)
Fallen trees, fallen tree limbs, dead trees and dead tree limbs which in the
opinion of authorized enforcement officers constitute a health, safety or fire
hazard or threaten the public welfare;
n'1.:l.co.uncil\ordinanc\2008\1 08-03 vac.a~~AAW iUIlaKt:::.l,;u11I
Phone 952.447.9800 / Fax 952.447.4245
(3) Any sewer, private drain, sinkpool, cesspool, outhouse, privy vault, putrid or
unsound flesh, meat, fish, skin, carcass, garbage, stagnant water, vegetable
matter, rodents or any other substance that is offensive, nauseous,
dangerous or uncomfortable to any person or to the neighborhood.
(4) Failure to promptly pay any and all false alarm penalties as defined in
Section 806.300 of the Prior Lake City Code.
605.201 Anyone carrying on or working in any trade or employment which shall be
dangerous to the public health, hurtful to the inhabitants of the City or
injurious to neighboring property or from which noisome odors arise shall be
guilty of a violation of this Section if such person fails to cease and desist
from such trade or employment within forty eight (48) hours from the time
the City Manager, or authorized designees gives notice to such person to
cease and desist.
605.300: PERMITTING NUISANCE To ExiST: It is unlawful for any person to permit
any public nuisance to remain on any premises owned or controlled by such
person within the City. Such nuisances may be abated by the City in the
manner prescribed by this Section.
605.400: NOTICE To ABATE: When there exists on private property a condition
which is in violation of this Section, the City Manager, or authorized
designees shall cause a notice to abate such nuisance to be served
personally upon the owner of said premises, his agent, or the occupant of
the premises, if the name of such person can be readily ascertained. Such
notice may be served by mail in all cases where such owner, agent or
occupant is not in the City or cannot be found therein, and if his post office
address is known. Such notice shall designate therein the time after the
service, or the mailing, or the posting of said notice, which the City
considers a reasonable time for the abatement or removal of said nuisance.
605.500: POSTING PLACARD ON DANGEROUS BUILDING: When a nuisance
shall be such as to render the occupancy of any building or premises within
the City dangerous or unhealthy, the City Manager or authorized designees
shall cause to be placed upon such building or premises a placard warning
the public that such building or premises are unhealthy and should not be
occupied until placed in a sanitary condition. Such placard shall be placed
upon such building in cases where the nuisance is not abated within thirty
six (36) hours after written notice to the owner or agent of such building or
premises to abate such nuisance.
605.600: ABATEMENT By CITY: If, at the end of the period fixed for the abatement
or removal of a public nuisance, the nuisance has not been abated or
removed by the owner, agent or occupant, the City may cause the same to
be abated or removed in any manner deemed appropriate.
m:\council\ordinanc\2008\108-03 vacant building. doc 2
605.700: SECURING VACANT BUilDINGS: Minnesota Statutes 463.251 grants
cities the authority to secure buildings that are vacant and unoccupied.
That statute sets forth procedures for securing vacant buildings in: (1)
non-emergency and (2) emergency situations.
605.701: Secure Defined: "Secure" may include, but is not limited to, installing
locks, repairing windows and doors, boarding windows and doors,
posting "no-trespassing" signs, installing exterior lighting or motion-
detecting lights, fencing the property, and installing a monitored alarm
or other security system.
605.702: Securing Vacant Buildings, Non-Emergency Situation: If a building
becomes vacant or unoccupied and is deemed hazardous due to the fact
that the building is open to trespass and has not been secured and the
building could be made safe by securing the building, the City Council may
order the building secured. In order to secure such a building, the City must
follow the procedure outlined below:
(1) The City Council must adopt a resolution:
a. Finding the building is:
~ vacant and unoccupied,
~ hazardous due to the fact it is open to trespass and has not
been secured and
~ could be made safe by securing it, and
b. Ordering the building be secured.
(2) Notice of the order to secure the building must be served on the owner of
record of the premises or the owner's agent, the taxpayer identified in the
property tax records for that parcel, the holder of the mortgage or sheriff's
certificate, and any neighborhood association for the neighborhood in which
the building is located that has requested notice, by delivering or mailing a
copy to the owner or agent, the identified taxpayer, the holder of the
mortgage or sheriff's certificate, and the neighborhood association, at the
last known address. Service by mail is complete upon mailing.
(3) If, within six (6) days after the order is served, the owner of the building fails
to either comply or to provide the City Council with a reasonable plan and
schedule to comply with its order, the City Council may cause the building to
be properly secured, and the cost of securing the building may be charged
against the property, according to the procedure outlined in Section
605.900.
605.703: Securing Vacant Buildings, Emergency Situation: If a building becomes
vacant or unoccupied and is deemed by the City Manager or authorized
designees to present an immediate danger to the health and safety of
persons in the community, the City Manager or authorized designees may
order the vacant building be immediately secured, without following the
procedure outlined in Section 605.702. The cost of securing the building
m:\council\ordinanc\2008\108-03 vacant building.doc 3
may be charged against the property, according to the procedure outlined in
Section 605.900.
605.800: RIGHT OF ENTRY: The City Manager or authorized designees shall
enforce the provisions of this Section, and for the purposes of enforcing the
same, or satisfying themselves whether there has been any violation
thereof, they shall, where they may have reasonable cause to believe that
this Section has been violated, enter upon any premises whatsoever and
make reasonable search and examination after the existence or presence
upon such premises of a public nuisance. No person shall resist, oppose or
obstruct officers in any manner in the enforcement ofthis Section.
605.900: COLLECTION OF ABATEMENT COSTS: All costs incurred by the City for
the securing of a vacant building and for the abatement and removal of a
public nuisance upon privately owned property shall be assessed, levied
and collected as a special assessment payable in one sum against such
premises, in the manner provided by the law for the levy and collection of
other special assessments.
605.1000: ENFORCEMENT AND ENFORCEMENT PENALTIES: In enforcing the
provision of this Section, the City Manager, or authorized designees shall
have the power to issue citations for violation of this Section. In addition,
any violation of this Section may be enjoined by the City Council through
proper legal channels.
Any person, firm, partnership or corporation who violates this Section shall
be guilty of a misdemeanor and upon conviction thereof, be punished in
accordance with the penalties established by Minnesota Statutes. Each day
a violation is permitted to exist shall constitute a separate offense.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 16th day of June, 2008.
ATTEST:
~JJJ- ?Y~
City ~~er Ma~ u
Published in the Prior Lake American on the 21st day of June, 2008.
m:\council\ordinanc\2008\1 08-03 vacant building.doc 4