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HomeMy WebLinkAbout5J - Securing of the Building at 15680 Fish Point Road 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: SEPTEMBER 15, 2008 5J JESSE CORROW, CODE ENFORCEMENT OFFICER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION ORDERING THE BUILDING LOCATED AT 15680 FISH POINT ROAD SE BE SECURED DISCUSSION: Introduction The purpose of this agenda report is to consider a resolution ordering a vacant and unoccupied structure, located at 15680 Fish Point Road SE, 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 15680 Fish Point Road SE is currently owned by IndyMac Bank HCL, and has been vacant for at least two (2) years. Past attempts have been made to contact the property owner regarding the tall grass and weeds growing wild. After no response from the property owner, the city has cut the weeds on various occasions, assessing the cost to the property taxes. A recent follow-up inspection on August 14, 2008 revealed a service door at the rear of the house with a broken pane of glass next to the doorknob. There is an old barn at the back of the property which that is at risk of collapsing due to its dilapidated condition. In addition to the buildings not being secure, there is a dead oak tree which has been marked for removal and a junk couch in the side yard. At this time, the main concern is to secure the dwelling on the property, other violations will be addressed separately. In August 2008, City staff sent a certified letter, return receipt requested, to the property owner requesting the house be secured. The letter was received by the owner on August 22, 2008 but there has been no response to the City's letter, nor has the property been secured. 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. 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 www.cityofpriorlake.com R\Council\2008 Agenda Reports\09 ~6a'e~M.Iii$I7J~8()J(1\ge~~.4245 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 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. Despite the staff's attempts to contact the property owner to secure the building, the owner has not responded to staff's communications and has not secured the building. At this time, we are 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 as they have in recent months, despite a request from City staff 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. At the same time the notice is served to secure the building, the property owner will be asked to maintain the weeds, remove diseased trees and demolish the abandoned barn. If the owner fails to correct these additional violations, the City will take steps outlined in MN Statutes 463.16 - 463.25 to reach compliance. FINANCIAL There is cost involved in the actions contemplated by this agenda item. The City IMPACT: will have to pay the costs of the contemplated actions and assess the balance against the property. ALTERNATIVES: 1. Adopt the attached resolution ordering the building at 15680 Fish Point Road SE be secured. 2. Other action as directed by the Council. RECOMMENDED A motion and second adopting a resolution ordering the building at 15680 Fish MOTION: Point R ad SE be secured. ........ ReVieW(~J f Frank BOYleS!:Jn:1er R:\Council\2008 Agenda Reports\09 1508\15680 Fish Point Agenda Report.doc ~ tO~ 4646 Dakota Street S.E. U ~ Prior Lake, MN 55372-1714 \ ~ 'J RESOLUTION OS-xxx ~ A RESOLUTION ORDERING THE VACANT BUILDING AT 15680 FISH POINT ROAD SE BE SECURED 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 15680 Fish Point Road SE on 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. Said notice will request the correction of other violations on the property. 5. 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 Hedberg I LeMair I Millar Haugen Erickson Hedberg LeMair Millar Frank Boyles, City Manager R\Council\2008 Aaenda Reoorts\09 1508\15680 Fish ~&!~frtfm~ke.com Phone 952.447.9800 / Fax 952.447.4245