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HomeMy WebLinkAboutResolution No. 2005-52 RESOLUTION 2005-52 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 HAROLD O. HOIUM (HEREINAFTER "OWNER OF RECORD"). WHEREAS, OWNER OF RECORD IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4321 5TH STREET, PIN NO. 35-30-24-21-0165, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 8.602(1)(B), 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 SEPTEMBER 8, 2005. 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 October 4,2004 an inspection was conducted and five violations were noted. A letter detailing the abatement procedure and a copy of applicable ordinance sections was sent by regular mail to the owner of record. 2. That on May 25, 2005, inspectors reinspected 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 3. That on September 8, 2005, inspectors reinspected 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. 4. 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 .Shall repair the garage/shed siding that is deteriorating. .Shall remove all/any outside storage from the propert'f. Shall store in garage or shed. Items included; ALL/ANY OUTSIDE STORAGE ON THE PROPERTY, INCLUDING, BUT NOT LIMITED TO: - OLD FIREWOOD PILES, CANS, BARRELS, UNKNOWN ITEMS UNDER THE TARPS/PLASTIC COVERS, GARDEN EQUIPMENT, BRUSH& LEAVES, LUMBER, NEXT TO THE GARAGE IN THE REAR, ETC.... .Shall cut/trim overgrown trees, shrubs on the property. Shall cut/remove all/any scrub growth from the property, around house foundations and in the yard. .Shall sod/seed all/any bare areas of the yard. 'The water to the property has been shut off since January 1996. City ordinance requires that residential properties shall have toilet facilities connected to an approved water system that at all times provides an adequate amount of running water under pressure. 5. That all parties, including the OWNER OF RECORD and any occupants or tenants, have been given the appropriate notice ofthis hearing according to the provisions of the City Code Section 8.602(1)(a) and 8.602(1)(b). CONCLUSIONS OF COUNCIL 1. That the property located at 4321 5th Street, PIN No. 35-30-24-21-0165 is in violation ofthe provisions of the Columbia 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 43215th Street, 4317 5th Street, 4315 5th Street, Pin No. 35-30-24-21- 0165 constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary 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 this 26th day of September, 2005 Offered by: Seconded by: Roll Call: Kelzenberg Ericson Diehm Ayes: Peterson, Williams, Nawrocki, Ericson Diehm, Kelze1 I~) /. ~ 1/// ({--LJ/ __ ~_ !1/{J1:-Y.fJ-L~ Mayor Gary L. Peterson Attest: ~~USCOVitZ, CMC Deputy City Clerk/Council Secretary