RES 10-29CITY OF ELK RIVER
RESOLUTION NO. 10 - 29
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.
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Passed and adopted by the City Council of the City of Elk River this 21st day of June, 2010.
Approved:
r
Steph nie Klinzing, r
Attested:
Tina Allard, City Clerk
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