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9.2 SR 11-15-2021Request for Action To Item Number Mayor and City Council 9.2 Agenda Section Meeting Date Prepared by Work Session November 15, 2021 Zack Carlton, Planning Manager Item Description Reviewed by Code Enforcement: 13690 186th Ave NW Tim Trebesch, Code Enforcement Officer Reviewed by Cal Portner, City Administrator Action Requested Receive an update regarding code enforcement actions and court ordered abatement. Background/Discussion This past September, the City Council reviewed code enforcement action for the property located at 13690 1861h Ave NW. The Council gave the property owner a deadline of November 1, 2021, to either clean-up the property or enter into an abatement agreement with the city. Code Enforcement Officer Tim Trebesch met with the property owner to establish a clean-up timeline and periodic inspections to monitor the progress. The property has not met expectations for progress. The applicant requested an additional meeting with the Council to discuss an extension to the November 1 deadline. Financial Impact The abatement process will include legal costs incurred by the city. These costs may be assessed to the property. Mission/Policy/Goal Help, not hinder, citizen quality of life. Attachments September 20, 2021, Staff Report Site Visit Photos The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei ly. M TUREJ Updated.• August 2020 Request for Action To Item Number Mayor and City Council 9.1 Agenda Section Meeting Date Prepared by Work Session September 20, 2021 Zack Carlton, Planning Manager Item Description Reviewed by Code Enforcement: 13690 186th Ave NW Tim Trebesch, Code Enforcement Officer Reviewed by Cal Portner, City Administrator Action Requested Receive information regarding code enforcement actions and court ordered abatement. Background/Discussion The city has been pursuing code enforcement activities at 13690 1861h Ave NW since May of 2019. Violations include numerous inoperable vehicles, parking vehicles and trailers on the grass, piling of trash and equipment, and outside storage of construction materials. Code enforcement staff has made numerous attempts to work with the property owner, including multiple extensions to provide more time for progress to be observed. Staff had met with the property owner on site to review the concerns early on, but little progress was noted, and the owner stopped responding to our efforts. We have sent legal letters and citations, attempted to mail informational letters, and initiate contact in -person, but we have not had any success in speaking with the owner. After sending numerous letters and citations, staff believes the next step includes court ordered abatement of property. Scott Baumgartner, the city's prosecuting attorney, will be present to review the abatement process with the Council prior to bringing forward a resolution directing staff to begin the abatement process. Financial Impact The abatement process will include legal costs incurred by the city. These costs may be assessed to the property. Mission/Policy/Goal Help, not hinder, citizen quality of life. Attachments Location Map Code Enforcement History Abatement Authority and Process The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. M TUREJ Updated.• August 2020 li LArp .per ^�yyR loll"' : - ♦♦fps/ Ft - .JP iyFi 5.1 I ' ° Oak-- -- _ - - AA co r. 1` 13690 186TH AVE NW — EVENT SUMMARY 5/24/19 — Initial contact made with the property owner regarding various City Code violations including: 30-124 (d)(8) — Inoperable vehicles 30-934 (a)(2) — Property maintenance 30-934 (a)(3) — Parking on grass 46-34 (a)(2) — Inoperable vehicles, junk, junk vehicles, debris, and unlicensed vehicles 46-34 (a)(5) — Outside storage of construction materials in excess of 1 % of the total area 6/21/19 — 10/28/19 — Follow up inspections revealed continuing and ongoing City Code violations 11 /22/ 19 — Legal Letter sent to property owner 12/5/19 — 5/29/20 — Follow up inspections revealed little to no progress made in bringing property into compliance with the City Code 5/29/20 — 2nd Legal Letter sent to property owner 6/18/20 - Follow up inspection revealed continuing and ongoing City Code violations 6/26/20- Citation issued to the property owner for violations of City Codes: 30-124 (d)(8) — Inoperable vehicles 30-934 (a)(2) — Property maintenance 30-934 (a)(3) — Parking on grass 46-34 (a)(2) — Inoperable vehicles, junk, junk vehicles, debris, and unlicensed vehicles 46-34 (a)(5) — Outside storage of construction materials in excess of 1 % of the total area 3/5/21 - Follow up inspections revealed continuing and ongoing City Code violations 3/30/21 — Property owner failed to pay the ticket or request a hearing date. All violations certified as convictions and the fines were sent to collections. $540 fine outstanding. 4/12/21 — A second citation was issued to the property owner for violations of City Codes: 30-124 (d)(8) — Inoperable vehicles 30-934 (a)(2) -- Property maintenance 30-934 (a)(3) — Parking on grass 46-34 (a)(2) — Inoperable vehicles, junk, junk vehicles, debris, and unlicensed vehicles 46-34 (a)(5) — Outside storage of construction materials in excess of 1% of the total area 7/29/21 - Property owner failed to pay the ticket or request a hearing date. All violations certified as convictions and the fines were sent to collections. $300 fine outstanding. 9/16/2021 View File File Summary Report: 1 9-000005 09116/2021 Case Information: Case #: 19-000005 Status: Open Disposition: Address: Neighborhood: 13690 186th AVE Priority: Open Date: 05/23/2019 Property Owner:JOHN, JOSEPH R Parcel Number:75-131-1460 Sub -Division: How Received: Close Date: Responsible User: Type: Approximate Location: Description: Inoperable vehicles and refuse on property. Legal Description: Categories: Citizens: Name Home Address Violations: Open Date Code May 23, 2019 30-124 (d) (8) May 23, 2019 30-934 (a) (2) May 23, 2019 30-934 (a) (3) May 23, 2019 46-32 (5) May 23, 2019 46-34 (a) (2) May 23, 2019 46-34 (a) (4) May 23, 2019 46-34 (a) (5) Chronological History: Date Type 05/24/2019 Complaint Comments: Home Phone Description Status Unlicensed/Inoperable Open vehicles Clean and Uncluttered Open Landscape Parking on Approved Open Surface Rubbish - Public Open Health Inoperable Vehicles Open Rubbish - Peace and Open Safety Construction Materials Open > 1% User Dave Hetrick 06/25/2019 Inspection Dave Hetrick Comments: follow-up on the violation letter that was sent 07/09/2019 Inspection Dave Hetrick Business Phone Disposition Association Close Date Activity Status Complete Fail Fail https:flwww3.citizenserve.com/AdminNiolationController?Action=L stVialations&WorkOrder ID=79541011 &&Display=null 113 9/16/2021 View File Comments: Follow up inspection- Will have property served by Sherburne County 10/23/2019 Re -Inspection Zack Carlton Fail Comments: 11/06/2019 Re -Inspection Zack Carlton Fail Comments: No effort has been made to address the numerous code violations. 11/06/2019 General Information Zack Carlton Comments: Legal letter request sent to City Attorney on 1116/2019 12/05/2019 Re -Inspection Zack Carlton Fail Comments: Follow-up after legal letter was sent by city attorney on 11-22-2019. 12/05/2019 General Information Zack Carlton Comments: Citation requested on 12-5-2019. Property owner has not contacted the city to discuss numerous code letters and no progress has been made. 12/09/2019 General Information Zack Carlton Comments: Voicemail received 12-6-2019. Waiting to speak to property owner 763.312.4667. Citation on hold at the moment. 12/13/2019 Complaint George Brenzel Complete Comments: George completed a complaint file 12/13/2019 file #19-000207 12/27/2019 Inspection Tim Trebesch Fail Comments: George opened an inspection on 12/13/2019. Tim completed on 12/27/2019 file #19-000207 01/10/2020 Inspection Tim Trebesch Fail Comments: 01/10/2020 Re -Inspection Tim Trebesch Fail Comments: Tim opened a re -inspection on 12/27/2019 for 1/10/2020 File #19-000207 01/13/2020 General Information Tim Trebesch Comments: File combined 19-000207 02/18/2020 Re -Inspection Tim Trebesch Fail Comments: Re -Inspection - Little to no progress since the beginning of the year 03/18/2020 General Information Tim Trebesch Comments: Stopped over to house with officer Block, nocked on door a couple of times with no answer. Left card and flyer 03/23/2020 General Information Tim Trebesch Comments: Joe ,John Cell 612-559-3567 Received message on 3123 Left message on his phone 3123 04110/2020 General Information Tim Trebesch Comments: Stopped over to house knocked on doors, left flyer and business card 05/28/2020 Re -Inspection Tim Trebesch Fail Comments: Sending attorney letter - next step citation 06/09/2020 Re -Inspection Tim Trebesch Fail Comments: Next step citation 06/19/2020 Re -Inspection Tim Trebesch Fail Comments: 03/08/2021 Re -Inspection Tim Trebesch Fail Comments: 04/07/2021 General Information Tim Trebesch Comments: Second citation requested 07/13/2021 Re -Inspection Tim Trebesch Litigation in Process Comments: Starting arbitration process https:llwww3.citizenserve.com/AdminfViolationController?Action=L stVialations&WorkOrder ID=79541011 &&Display=null 213 9/16/2021 View File 07/29/2021 General Information Tim Trebesch Comments: Tried to call both numbers on file to discuss the process and options of abatement. Both lines disconnected 08/05/2021 General Information Tim Trebesch Comments: Stopped over and knocked on door, no answer 08/30/2021 General Information Tim Trebesch Comments: Certified letter mailed 8/26/21, letter was refused and returned. Sent letter out in standard mail 8/30/21 https:flwww3.citizenserve.com/AdminNiolationController?Action=L stVialations&WorkOrder ID=79541011 &&Display=null 313 9/16/2021 View File File Summary Report: 1 9-000005 09116/2021 Case Information: Case #: 19-000005 Status: Open Disposition: Address: Neighborhood: 13690 186th AVE Priority: Open Date: 05/23/2019 Property Owner:JOHN, JOSEPH R Parcel Number:75-131-1460 Sub -Division: How Received: Close Date: Responsible User: Type: Approximate Location: Description: Inoperable vehicles and refuse on property. Legal Description: Categories: Citizens: Name Violations: Open Date Code Home Address Chronological History: Date Type Description User Home Phone Status Business Phone Disposition Association Close Date Activity Status https:flwww3.citizenserve.com/AdminNiolationController?Action=L stVialations&WorkOrder ID=79541011 &&Display=null 1127 IS Jll� '71 tA ?} ho —� re _ Win .,.. . 17'. y - a } v �C sty Y t x KmmT 43, a , -Y 03,08.2021 10:03 -°" f... ��• ,I� phi F;:'.�,.. "L-�_,;r-::.. WN 'Vol 03.08.2021 10'02 w .t ePIT-- WAa ' � W-1 4,� 10 -- Ilk I• � � �-'� � � ;� �,��, � � gyp,_ , I. K ws. � veZ rr 0 2 w k _gig =� 43 • � ri ; .wry �yg �. R.�� tit _ - ��' • `-- L. �AQMW Ap, Ilk ki 91-20 02 0 .2 It Wit - yV. 4 s„�rb'. 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E..' `1 qF ',,3 '�: 7t9 ; myy� ..� s al , Ri F� ® ,A tlppy 'rFao � _ #� - '�i - *• 6 s � =TF ANN .47 j Ok- P� ELK RIVER CITY CODE Sec. 46-34. - Public nuisances affecting peace and safety. (a) The following shall be declared to be nuisances affecting public peace and safety: (2) The outside piling, storing, or keeping of old machinery, junk, junk vehicles or inoperable vehicles, unlicensed vehicles, car parts, debris, trash, or abandoned motor vehicles as defined by Minn. Stats. ch. 16813, regardless of whether such items are located on the ground or on a trailer. (4) The depositing of garbage, trash, rubbish, bottles, cans and other refuse on a public right-of-way or on private property. (5) The outside storage of pipe, limber, forms, machinery or other occupational materials upon property in a residential district and covering more than one percent of the total lot area of such property. Section 46-38. Abatement by City. (a) Upon discovering a public nuisance under the provisions of this article the city administrator or designee shall serve a notice upon the owner of the property upon which the nuisance exists. Such notice shall be given by certified mail at the last known address as shown on the property tax records of the county. Such notice shall advise that a nuisance exists and require the property owner to abate the nuisance within a reasonable time, as established by the city administrator or designee and stated in the notice. Such time shall not be less than 14 days. Such notice shall also advise the property owner of the right to request a hearing before the city administrator or designee to contest the contents of the notice. (b) If requested by the person upon whom the notice is served under subsection (a) of this section, a hearing before the city administrator or designee shall be held at which the person may contest the contents of the notice. The request for such a hearing must be made within five days after receipt of the notice provided for in subsection (a) of this section. After such hearing the city administrator or designee may affirm the notice, modify the notice or quash the notice. (c) If the property owner does not abate the nuisance as required by the notice provided for in subsection (a) of this section and has not requested a hearing before the city administrator or designee under subsection (b) of this section, authorized agents of the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against the property upon which the nuisance was located. (d) If the property owner requests a hearing before the city administrator or designee under subsection (b) of this section, no abatement actions shall be taken until the hearing is held. If after the hearing the city administrator or designee affirms or modifies the notice and the nuisance is not abated as provided in the notice as affirmed or modified, authorized agents of the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against the property upon which the nuisance was located. (e) Nothing in this section prevents abatement by the city of a public nuisance without notice and hearing in the case of an emergency in which there is an immediate and direct threat to the public health or safety. The expense of such an emergency abatement shall be collected as a special assessment against the property upon which the nuisance was located. STATESTATUTES 463.15 DEFINITIONS. Subd. 3. Hazardous building or hazardous property. "Hazardous: building or hazardous property" means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. 463.16 REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION. The governing body of any municipality may order the owner of any hazardous building or property within the municipality to correct or remove the hazardous condition of the building or property or to raze or remove the building. 463.161 ABATEMENT. In the manner prescribed in section 463.21 the governing body of any municipality may correct or remove the hazardous condition of any hazardous building or property; the cost of which shall be charged against the real estate as provided in section 463.21 except the governing body may provide that the cost so assessed may be paid in not to exceed five equal annual installments with interest therein, at eight percent per annum. 463.17 ORDER. Subdivision 1. Contents. The order shall be in writing; recite the grounds therefor; specify the necessary repairs, if any, and provide a reasonable time for compliance; and shall state that a motion for summary enforcement of the order will be made to the district court of the county in which the hazardous building or property is situated unless corrective action is taken, or unless an answer is filed within the time specified in section 463.18. Subd. 2. Service. The order shall be served upon the owner of record, or the owner's agent if an agent is in charge of the building or property, and upon the occupying tenant, if there is one, and upon all lienholders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon the owner by posting it at the main entrance to the building or, if there is no building, in a conspicuous place on the property, and by four weeks' publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the county. Subd. 3. Filing. A copy of the order with proof of service shall be filed with the court administrator of district court of the county in which the hazardous building or property is located not less than five days prior to the filing of a motion pursuant to section 463.19 to enforce the order. At the time of filing such order the municipality shall file for record with the county recorder or registrar of titles a notice of the pendency of the proceeding, describing with reasonable certainty the lands affected and the nature of the order. If the proceeding be abandoned the municipality shall within ten days thereafter file with the county recorder a notice to that effect. 463.18 ANSWER. Within 20 days from the date of service, any person upon whom the order is served may serve an answer in the manner provided for the service of an answer in a civil action, specifically denying such facts in the order as are in dispute. 463.19 DEFAULT CASES. If no answer is served, the governing body may move the court for the enforcement of the order. If such a motion is made the court may, upon the presentation of such evidence as it may require, affirm or modify the order and enter judgment accordingly, fixing a time after which the governing body may proceed with the enforcement of the order. The court administrator shall cause a copy of the judgment to be mailed forthwith to persons upon whom the original order was served. 463.20 CONTESTED CASES. If an answer is filed and served as provided in section 463, , further proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts, except that the action has priority over all pending civil actions and shall be tried forthwith. If the order is sustained following the trial, the court shall enter judgment and shall fix a time after which the building must be destroyed or repaired or the hazardous condition removed or corrected, as the case may be, in compliance with the order as originally filed or modified by the court. If the order is not sustained, it shall be annulled and set aside. The court administrator of the court shall cause a copy of the judgment to be mailed forthwith to the persons upon whom the original order was served. 463.21 ENFORCEMENT OF JUDGMENT. If a judgment is not complied with in the time prescribed, the governing body may cause the building to be repaired, razed, or removed or the hazardous condition to be removed or corrected as set forth in the judgment, or acquire the building, if any, and real estate on which the building or hazardous condition is located by eminent domain as provided in section 463.152. The cost of the repairs, razing, correction, or removal may be: a lien against the real estate on which the building is located or the hazardous condition exists, or recovered by obtaining a judgment against the owner of the real estate on which the building is located or the hazardous condition exists. A lien may be levied and collected only as a special assessment in the manner provided by Minnesota Statutes 1961, sections 429.061 to 429.081, but the assessment is payable in a single installment. When the building is razed or removed by the municipality, the governing body may sell the salvage and valuable materials at public auction upon three days' posted notice. ,, _ ... _ ,i,, tit P ��:f \ ��'4'� wl 'kd`�' K [ � `,� F Y� Y .. °�140 r �' - wad• ,�$� - 'T! . _ ' � r 1�� i�'` , �`"'�" - Fib+' � � .., ,. ., �� r, ... +:. � , � � - �. _ - - - ti -,- - � �� . - -- _,: M y� i,mar`-• ;;� - ... � i 7 r •' e ' e n. . �qy PF Al V ^4 r i i . 1 i i �:. _ � •_` � 00M r � ,_ --• � xl �-Q21 14 �. Oil Ok 17* Is ON