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HomeMy WebLinkAbout5I - Securing of the Building at 2159 165th Street MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT SEPTEMBER 15, 2008 5 I JESSE CORROW, CODE ENFORCEMENT OFFICER CONSIDER APPROVAL OF A RESOLUTION ORDERING THE BUILDING LOCATED AT 2159165th STREET NW BE SECURED Introduction The purpose of this agenda report is to consider a resolution ordering a vacant and unoccupied structure located at 2159 165th Street NW, 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. Historv The property at 2159 165th Street NW is located in the Stemmer Ridge Development and is currently owned by Merlyn Olson Homes. A building permit was issued for the construction of a single family home in November 2007. A plumbing and heating inspection took place on January 31, 2008. Based on Building Department inspection records, that is the last record of any construction activity on the property. The Building Department recently received several complaints regarding the appearance of the building and tall grass and weeds growing wild on the property. On August 8, 2008, City staff inspected the property and found that the front door, garage doors and several windows had not been installed. Also, the weather guard material was torn and draping off the house. In response to email correspondence from City staff, the property owner stated he planned to finish the exterior of the building and complete the final grade. Construction was to resume on September 2, 2008. The property owner informed City staff on September 8, 2008 that the weeds had been cut and construction resumed. This was confirmed. It is the staff's opinion that the City Council should proceed to order the property secure in the event the owner fails to do so or the building becomes unsecured in the future. Current Circumstances City Code 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. www.cityofpriorlake.com c:\DOCUME-1\mjg\LOCALS-1\Tem~A~~~414~IcJJmt@nsta Am>~~4 7.4245 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. Despite the staff's communication with the property owner in which staff requested that the owner secure the building, we are at this time asking the Council to take the next step and order the property owner to secure the building. ISSUES: 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. 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. FINANCIAL There is some cost involved in securing vacant and unoccupied buildings. IMPACT: However, both the City Code and Minnesota Statutes allow the City to assess this cost against the property. ALTERNATIVES: 1. Adopt the attached resolution ordering the building at 2159 165th Street NW to secure the building. 2. Other action as directed by the Council. RECOMMENDED A motion and second adopting a resolution ordering the building at 2159 165th MOTION: Street NW be secured. C:\DOCUME-1\mjg\LOCALS-1\Temp\iScrub\2159165th 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 2159 165th Street NWon Friday, September 5, 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 15th DAY OF SEPTEMBER, 2008. YES NO I Haugen I Erickson I Hedberq I LeMair. I Millar Haugen Erickson Hedberg LeMair Millar Frank Boyles, City Manager R:\Council\2008 Acenda Reoorts\09 15 08\2159 165th ~tibIDriliEriorlake.com Phone 952.447.9800 / Fax 952.447.4245