4.10 SR 12-06-2021
Request for Action
To Item Number
Mayor and City Council 4.10
Agenda Section Meeting Date Prepared by
Consent December 6, 2021 Zack Carlton, Planning Manager
Item Description Reviewed by
Resolution: Declare Public Nuisance and Cal Portner, City Administrator
Accept Consent Decree for 13690 186th Ave
Reviewed by
NW
Action Requested
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Adopt, by motion, the resolution declaring the property at 13690 186 Ave NW a public nuisance and accepting a
consent decree for its remediation.
Background/Discussion
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On November 15, 2021, the City Council directed staff to work with the property owner at 13690 186 Ave NW
on a consent decree and extended timeline for the clean-up of his property. After the meeting, staff met with the
property owner and his representative to review the consent decree which outlines the timelines for clean-up and
authorizes the city to assist with remediation after April 1, 2022.
Staff will continue to work with the property owner on the clean-up of the parcel and work towards compliance
prior to the April 1, 2022, deadline. If the property is not in compliance with city ordinances by that date, staff will
move forward with abatement as outline in the consent decree.
Financial Impact
None, future clean-up costs would be assessed back to the property.
Mission/Policy/Goal
Maintain property values and community appearance
Work with residents to achieve goals
Attachments
Resolution with signed consent decree
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
City of Elk River
City Council
Resolution 21-
A Resolution of the City Council of the City of Elk River
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Declaring the Property at 13690 186 Avenue NW a Public Nuisance
and Accepting a Consent Decree for its Remediation
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WHEREAS, the property located at 13690 186 Avenue NW, Elk River, Minnesota 55330
WHEREAS, the City of Elk River received numerous complaints and/or observed the
exterior accumulation of junk/rubbish/refuse located in the front and rear yard, of the above
Subject Property; and
WHEREAS, City of Elk River staff conducted an inspection of the Subject Property on
May 24, 2019, and observed and documented the exterior accumulation of junk/rubbish/refuse.
Staff determined that the condition of the Subject Property constituted violations of, among other
things, Elk River City Code Chapter 46, Art. II, Section 46-34(a) (4) and City Code Chapter 46, Art. II,
Section 46-32 (a) (5); and
WHEREAS, City of Elk River staff sent the registered owner of the Subject Property a letter on
May 24, 2019 identifying the above-mentioned City Code violations and requesting that the owner bring
his property into compliance; and
WHEREAS, follow up inspections were conducted by City of Elk River staff from June 21,
2019 October 23, 2019 during which staff identified continuing and ongoing City Code violations; and
WHEREAS, the registered property owner legally responsible for the Subject Property was
issued an Order to Correct on October 23, 2019, for the aforementioned violations of City Code; and
WHEREAS, follow up inspections by City of Elk River staff subsequent to the Order to Correct
revealed continuing and ongoing violations of the City Code; and
WHEREAS, on November 22, 2019 a Legal Letter was sent to the Subject Property owner by
the Elk River City Prosecutor, giving the owner ten (10) days within which to contact the City staff to
remedy the ongoing City Code violations; and
WHEREAS, from December 5, 2019 May 29, 2020, additional follow up inspections of the
Subject Property were conducted by City of Elk River staff which revealed little to no progress made
in bringing the Subject Property into compliance with the City Code; and
WHEREAS, on May 29, 2020 a second Legal Letter was sent to the Subject Property owner
by the Elk River City Prosecutor, giving the owner ten (10) days within which to contact the City staff
to remedy the ongoing City Code violations; and
WHEREAS, on June 18, 2020 additional follow up inspections of the Subject Property revealed
continuing and ongoing City Code violations; and
WHEREAS, on June 26, 2020 a citation was issued to the Subject Property owner for the
following City Code violations:
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
WHEREAS, on March 5, 2021 follow up inspections revealed continuing and ongoing City
Code violations; and
WHEREAS, as of March 30, 2021, the Subject Property owner failed to pay the citation or
request a hearing date. As a result, all violations were certified as convictions and the fines were sent to
collections; and
WHEREAS, on April 12, 2021 a second citation was issued to the Subject Property owner for
the following City Code violations:
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
WHEREAS, as of November 15, 2021, fines associated with the aforementioned citations
remained unpaid; and
WHEREAS, it has been determined by City Council, as stated by City Code Chapter 46,
Article II, Section 46-34 (a) (4), that the depositing of garbage, trash, rubbish, bottles, cans and
other refuse on a public right-of-way or on private property shall be declared a nuisance affecting
public peace and safety; and
WHEREAS, it has been determined by City Council, as stated by City Code Chapter 46,
Article II, Section 46-32 (a) (5), that the accumulations of manure, rubbish, tin cans or other debris
shall be declared a nuisance affecting public health; and
WHEREAS, the Subject Property meets the definition of a hazardous property as defined
by Minnesota Statute 463.15 Subdivision 3, as follows:
M. S. 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.
WHEREAS, Minnesota Statute 463.16 grants the governing body of any municipality the
authority to order the owner of a hazardous property to correct or remove the hazardous condition of
the property, which reads as follows:
M, S. 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.
WHEREAS, Minnesota Statute 463.161 grants the governing body of any municipality
the authority to abate any hazardous condition of any hazardous property, which reads as. follows:
M. S. 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.
WHEREAS, based upon the foregoing, the City is entitled to seek abatement of the
aforementioned violations of the City Code by initiating abatement procedures allowed under Minnesota
Statute Chapter 463; and
WHEREAS, on November 15, 2021 the Subject Property owner requested additional time to
remediate the nuisances and stay litigation and in exchange, asked the City to enter into a Consent Decree,
a copy of which is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that based on the findings, above, the Elk. River.
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City Council hereby declares the Subject Property located at 13690 186 Avenue NW, Elk River,
Minnesota 55330 a hazardous property and a public nuisance.
BE IT FURTHER RESOLVED that notwithstanding the declaration of the Subject Property
as constituting a hazardous property, the Elk River City Council hereby approves and accepts the Consent
Decree and agrees to afford the Subject Property owner additional time to remediate the nuisances, as set
forth in the Consent Decree, and authorizes the Mayor and City Administrator to sign the same on behalf
of the City.
BE IT FURTHER RESOLVED by the Elk River City Council that if the Subject Property
owner fails to comply with the terms and conditions in the Consent Decree, the City Administrator and/or
his designee is authorized to pursue other legal means to gain compliance by the Subject Property owner,
including the initiation of abatement procedures pursuant to Minnesota Statute Chapter 463.
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Passed and adopted this: 6 day of December 2021.
____________________________
John Dietz, Mayor
ATTEST:
____________________________
Tina Allard, City Clerk
April 1, 2022-----|----
under this Agreement or now or hereafter existing at law or in equity or by statute. The City may
pursue the remedies available under this Agreement independently from the remedies available
to any other entity, which may attempt to take legal action against the Subject Property or
Property Owner.
M. No delay or omission to exercise any right or power accruing upon any default
shall impair such right power, or shall be construed to be a waiver thereof, but any such right and
power may be exercised from time to time and as often as may be deemed expedient by the City.
N. In the event any provision of this Agreement shall be held invalid, illegal, or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, and the remaining provisions shall not in any way be
affected or impaired thereby.
O. Whenever any default occurs and the City shall employ attorneys or incur other
reasonable expenses for the collection of payments due or to become due or for the enforcement
or performance or observance of any obligation or agreement on the part of the Property Owner
herein contained, the Property Owners agrees that he shall, on demand therefore, pay to the City
the reasonable fees of such attorneys and such other reasonable expenses so incurred by the City.
P. Except as specifically stated herein, the payment of this special assessment shall
be governed by Minnesota Statutes Chapter 429.
FOR THE CITY OF ELK RIVER
As approved by a majority vote of the City Council.
BY:
John J. Dietz, Mayor
ATTEST:
Calvin Portner, City Administrator
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ExhibitA-JOHNPROPERTYGOALS:
Eliminateallexistingcitycodeviolations
ITEMS“TO-DO”TOBRINGTHEPROPERTYINTOCOMPLIANCE:
Actual
DueDateCompletion
TASK
Date
•Removeordisposeofallunlicensedinoperablevehicles
4/1/2022
(includingautomobiles,campers,watercraft,andtrailers).
•Alllicensedandoperablevehicles(includingautomobiles,
4/1/2022
campers,watercraft,andtrailers)aretoberelocatedtoan
approvedsurfaceincludingasphalt,concrete,or
compactedclass5gravel.
•Disposalofrubbishandclutterincludingmechanicalparts
4/1/2022
andequipment,tires,lumber,pallets,pipe,appliances,
scrapmetal,machinery,andhouseholditems(firewood
maystayifitisstackedneatly).Thislistisnotall
inclusive.
CityCodeViolationList
30-124(d)(8)Unlicensed/InoperableVehicles
4/1/2022
46-34(a)(2)InoperableVehicles
4/1/2022
30-934(a)(3)ParkingonApprovedSurface
4/1/2022
30-934(a)(2)CleanandUnclutteredLandscape
4/1/2022
46-32(5)Rubbish–PublicHealth
4/1/2022
46-34(a)(4)Rubbish–PeaceandSafety
4/1/2022
46-34(a)(5)Constructionmaterials>1%
4/1/2022
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