5.2. SR 06-21-2010REQUEST FOR ACTION
To Item Number
Ci Council 5.2.
Agenda Section Meeting Date Prepared by
Community Development June 21, 2010 Debbie Huebner, CD Administrative
Assistant
Item Description Reviewed by
Resolution Declaring Public Nuisance and Ordering Abatement Lori ohnson, Ci Administrator
in the Matter of the Nuisance Located at 19545 Elgin Street NW Reviewed by
Action Requested
The City Council is asked to adopt the attached resolution declaring a public nuisance and
ordering the abatement in the matter of the nuisance located at 19545 Elgin Street NW.
Introduction
At the June 7, 2010 City Council meeting, the Council determined that failing to install a fence as
required around an in ground pool at 19545 Elgin Street is a public safety concern and declared
the matter a nuisance and ordered abatement to remedy the situation. The Council directed staff
to have a resolution prepared stating their findings for their June 21"meeting.
Attachments
• Letter from City Prosecutor dated June 9, 2010 to Brian Hansen
• Resolution 10-_, A Resolution Declaring Public Nuisance And Ordering Abatement
Action Motion by Second by Vote
Follow Up
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1'll.LIE~A~1 G. HAWKINS
NOTICE OF HEARING
June 9, 20 i 0
Mr. Brian Hansen
19545 Elign Street
Elk River. MN 55330
Dear Mr. Hansen:
I am writing as the Elk River City Prosecutor concerning information I have received from Dave
Hetrick, Elk River Code Enforcement Officer, that you have failed to comply with the City's repeated
requests to remedy City Ordinance violations existing at the property referenced above. In particular.
you have repeatedly ignored requests to install a fence around. your below ground swimming pool. as
required by local ordinance.
I have reviewed this file and concur with the City's findings that your failure to install the fence further
constitutes a nuisance under Section 46-31 of the City of Elk River Municipal Code. As such, and as
allowed pursuant to Minn. Stat. §412.222, Subds. 23 anal 32, the Ciry of Elk River is authorized to
pursue abatement proceedings to remove the nuisance, which may be brought at your expense.
Please be advvised, at its duly held meeting on June 7, 2010, the Elk River City Council approved
proceeding forward with abatement proceedings to remove the aforementioned nuisance
violation. Se further advised that a hearing on the formal adoption of a Resolution to begin
su:.h Nruceedgngs ;==ill be held on ..Tune 21y ?01.0, at fi.30 P.M., at th.e Elk River City Hall, 13065
Orono Parkway, Elk River, Minnesota. Attached for your reference, and served upon you via
this correspondence, is the Resolution that will be considered by the City Council at said
meeting. Yau do have the right to be present at .the hearing and contest the City Council's
adoption of the Resolution.
I would strongly urge you to contact Dave Hetrick, Code Enforcement Officer at (763) 635-1067
should you have any questions.
Sincerely,
_ 1
~_._ ~~
C. aumgartner
Elk River City Prosecutor
cc: Lori Johnson
Dave Hetrick
CITY OF ELK RIVER
RESOLUTION NO. 10 -
RESOLUTION DECLARING PUBLIC NUISANCE
AND ORDERING ABATEMENT
In the Matter of the Nuisance Located at
19545 Elgin Street N.W., Elk River, Minnesota 55330
and legally described as:
Lot 5, Block 4, Windsor Oak Hill, Sherburne County, MN.
WHEREAS, the property located at 19545 Elgin Street N.W., Elk River, Minnesota is in
the jurisdictional boundary of the City of Elk River; and
WHEREAS, the Code Enforcement Officer for the City of Elk River has determined that
a public nuisance exists at the above subject property and has issued Notices of Violation and a
Municipal Citation requiring abatement of said public nuisance by the property owner according
to the City of Elk River Municipal Code; and
WHEREAS, the property owner has failed to abate the public nuisance or request a
hearing contesting the Code Enforcement Officer's determination of a public nuisance on the
property; and
WHEREAS, Section 46-31 of the City of Elk River Municipal Code states in part as
follows:
Sec.46-31. Generally.
Whoever by act or failure to perform a legal duty intentionally does any of
the following is guilty of maintaining a public nuisance, which is a misdemeanor:
(1) Maintains or permits a condition which unreasonably annoys, injures
or endangers the safety, health, morals, comfort or repose of any
considerable number of members of the public.
WHEREAS, pursuant to Minn. Stat. § 412.221, Subds. 23 and 32; and Section 46-31 of
the City of Elk River Municipal Code, the City Council of the City of Elk River finds the
property located at 19545 Elgin Street N.W., Elk River, Minnesota to be a nuisance for the
following reasons:
1. There exists a below ground pool that is not enclosed with a fence as required
under Elk River City Ordinance 30-796(4).
2. The purpose of requiring fencing around below ground pools is to protect small
children who may be attracted to, and wander into, the pool unsupervised.
3. The existence of a below ground pool without proper fencing creates a condition
which endangers the safety of the public, especially small children who may be
attracted to the pool.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELK RIVER, MINNESOTA, AS FOLLOWS:
1. That pursuant to the foregoing findings and in accordance with Minn. Stat.
§412.221, Subds. 23 and 32; and Section 46-31 of the City of Elk River
Municipal Code, the Council orders the record owners of the above nuisance
property, or their representatives, to make the following corrections on the
property located at 19545 Elgin Street N.W., Elk River, Minnesota:
a. Enclose the below ground pool at said address with a fence that is a
minimum four feet high and includes lockable gates. The fence shall be
chain link, vertical pickets or solid. Spaces between the bottom of the
fence and the ground or between the pickets shall not exceed four inches.
2. That the repairs listed above must all be made within 20 days after the order is
served upon the property owner. The repairs must be completed in compliance
with all applicable codes and regulations and done pursuant to proper permits
from the City.
3. That unless corrective action is taken or an answer filed within 20 days from the
date of service of this order upon the owner of record and all lienholders of
record, a motion for summary enforcement of this order will be made to the
Sherburne County District Court.
4. That if the City is compelled to take any corrective action herein, all necessary
costs expended by the City will be assessed against the real estate concerned and
collected in accordance with Minnesota statutes.
5. That the City Administrator, or her designee, is authorized and directed to take
such action, prepare, sign and serve such papers as are necessary to comply with
the abatement order and to assess the cost thereof against the real estate described
above for collection along with taxes.
6. That the City Attorney is authorized to serve this order upon the owner of the
premises at 19545 Elgin Street N.W., Elk River, Minnesota and all lien-holders of
record.
7. That the City Attorney is authorized to proceed with the enforcement of this
order.
2
Passed and adopted by the City Council of the City of Elk River this 21st day of June, 2010.
Approved:
Stephanie Klinzing, Mayor
Attested:
Tina Allard, City Clerk