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HomeMy WebLinkAbout5F Secure 2826 Bobcat Trail NW~~ PRIp~ ;. ~~ ~'~ ~?~~'1VES~~ 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 5, 2009 AGENDA #: 5F PREPARED BY: JESSE CORROW, CODE ENFORCEMENT OFFICER REVEIWED BY: JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION ORDERING THE BUILDING LOCATED AT 2826 BOBCAT TRAIL NW BE SECURED DISCUSSION: Introduction The purpose of this agenda report is to consider a resolution ordering a vacant and unoccupied structure located at 2826 Bobcat Trail NW (County Road 82 and Bobcat Trail) 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. History The property at 2826 Bobcat Trail NW is located in the Wilds South development and the current owner of record is Jay Johnson Custom Homes Inc. A building permit was issued for the construction of a single family home on the lot in December 2008. A plumbing and heating inspection took place on June 30, 2009 which is the last record the Building Department inspection records indicate any construction activity on the property. The Building Department recently received several complaints regarding the appearance of the structure. The City Building Inspector has attempted to call the property owner, however the number listed on the permit has been disconnected. On September 1, 2009, the Building Inspector followed up with a letter requesting the property owner contact him. On September 15, 2009, City staff inspected the property and found that the front door, garage doors and the front siding have not been installed. Another letter was sent on September 15t" informing the property owner of the violation and gave the property owner a deadline of September 21, 2009, to contact City staff regarding the necessary corrections. The property owner has not made contact as of the date of this writing. The Staff is recommending the City Council pass the attached resolution ordering the property owner to secure the property. If the property owner fails to comply with the Order the resolution authorizes the City to have the structure secured and the cost charged against the property. Current Circumstances City Code Section 605.702 sets forth the procedure for securing vacant and unoccupied buildings in anon-emergency situation. This procedure requires: www. cityofpriorlake. com C:\DOCUME~1\mjg\LOCALS~1\Tempd~l~l~.h9$~hcib fl~'~o5~5~~447.4245 1. That the City Council 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 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 communication with the property owner, 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 2826 Bobcat Trail 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 2826 Bobcat MOTION: Trail NU1/ be secured. Frank Boyles, C~ Ma~ia~er C:\DOCUME~1\mjg\LOCALS~1\Temp\iScrub\2159 165th Agenda Report.doc O~ 1~Rj~~ ``~ ,~: -' ~ 9~ 4646 Dakota Street S.E. - ,. U ',. ~ M ~ Prior Lake, MN 55372-1714 .r ~~ ~1~ESOZ~~`~. RESOLUTION 09-xxx ~__f= A RESOLUTION ORDERING THE VACANT BUILDING AT 2826 BOBCAT TRAIL NW 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 2826 Bobcat Trail NW on Friday, September 25, 2009; and WHEREAS, The property is vacant and construction has halted; and WHEREAS, The building does not have a front door or garage doors; and WHEREAS, The property is hazardous due to the fact that the missing front door and garage doors allow the building to be open to trespass because it has not been secured, creating a dangerous situation that affects the health, safety and welfare; and WHEREAS, The building and 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 City staff is directed to serve this Order to secure the building on the owner of record directing compliance within six days of issuance of this Order. 4. In the event the property owner fails to secure the building within six days of being served with the Order and on a continuing basis thereafter, the City Manager may declare the situation an emergency and proceed to take whatever measures the Manager deems appropriate to secure the building in accordance with Section 605.703 of the City Code. 5. If the City is required to secure the building because of the owners failure to comply with this Order, the costs incurred by the City shall be collected from the property owner or, if unpaid, charged against the property as a special assessment. PASSED AND ADOPTED THIS 5th DAY OF OCTOBER, 2009. YES NO Hau en Hau en Erickson Erickson Hedber Hedber LeMair LeMair Millar Millar Frank Boyles, City Manager R:\Council\2009 A ends Re orts\10 05 09\2826 Bobcat Trl Resolution DQC Resel~tie+~Bes a e.com Phone 952.447.9800 /Fax 952.447.4245