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
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Mayor Gary L. Peterson
Attest:
~~USCOVitZ, CMC
Deputy City Clerk/Council Secretary