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HomeMy WebLinkAboutResolution No. 2004-22RESOLUTION 2004-22 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING ABATEMENT OF ORDINANCE VIOLATIONS PURSUANT TO CHAPTER 8, ARTICLE VI, SECTION 1 OF CITY CODE, ORDINANCE VIOLATIONS EXIST ON PROPERTY OWNED BY ANTHONY GRIFFITH (HEREINAFTER "OWNER OF RECORD"). WHEREAS, OWNER OF RECORD IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3730 TYLER STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 8.602(1)01), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS SENT VIA CERTIFIED AND REGULAR MAIL TO THE OWNER OF RECORD ON APRIL 16, 2004. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on June 25, 2002 an inspection was conducted and one violation was noted. A compliance order was sent by regular mail to the owner of record. 2. That on July 31, 2002, an inspection was performed and it was noted that one violation remained uncorrected. 3. That on October 8, 2002, an Administrative Tag was issued to the owner of record. 4. That on October 23, 2002, inspectors for the Fire Department inspected the property and noted that the violations were not corrected. Nun~erous attempts were made to contact the owner of record. On December 27, 2002, inspectors for the Fire Department inspected the propel~y and noted that the violations were not corrected and the situation had gotten worse. After not getting a response from the owner of record andwaiting until spring from the snow to melt, the Assistant Fire Chief inspected the property on April 22, 2003. 5. That on April 22, 2003 the Assistant Fire Chief reinspected the property and found the violations remained uncorrected. The owner of record approached the Assistant Fire Chief during this reinspection, discussed the situation, and stated that he would make an appointment to meet with the Assistant Fire Chief and discuss the violations at the property. A month passed and the Fire Department had not heard from the owner of record and on May 21, 2003, a letter was sent to the owner of record detailing the history of events sun'ounding the property. The owner of record was notified in that letter that the prope~y would be reinspected on June 23, 2003. 6. That on June 23, 2003, the Assistant Fire Clfief reinspected the property and noted the violations remained uncorrected. 7. That on July 11, 2003 the Assistant Fire Chief issued a criminal citation to the owner of record of the property. 8. That on April 15, 2004 the Assistant Fire Chiefreinspected the property and noted that the violations remained uncorrected. A notice of abatement and public hearing was mailed to the owner of record by certified mail on April 16, 2004. 9. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. FAILURE TO CORRECT RMC VIOLATIONS - REMOVE ALL/ANY OUTSIDE STORAGE FROM THE PROPERTY. B. FAILURE TO SUBMIT REINSPECTION AND ADMINISTRATIVE TAG FEES TO THE CITY TOTALING $500.00 10. That all parties, including the OWNER OF RECORD and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.602(1)(a) mad 8.602(1)(b). CONCLUSIONS OF COUNCIL 1. That the property located at 3730 Tyler Street is in violation of the provisions of the Colmnbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3730 Tyler Street constitutes a nuisance pursuant to City Code. 2. That a copy of tlzis resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for smnmary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 Passed tlfis 26th day of April, 2004 Motion by: Second by: Roll call: Nawrocki Kelzenberg All ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg ?atricia Muscovitz, CMC { Deputy City Clerk/Council Secretary ~/~or Julienne Wyckdc~