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HomeMy WebLinkAbout2022-069RESOLUTION NO. 2022-69 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to City Code, of the property owned by Juan Alvarado Ortiz (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3821 Reservoir Blvd NE, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 19, 2022. 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 30, 2018 the owner of record submitted a plan review and application to the Building Department for a building permit for the installation of a garage and driveway for parking for the property listed above. 2. That on April 5, 2019 a public works employee driving by the property listed above found a large excavation of the hillside in the alley. The excavation lacked measures to prevent erosion of soil and sediment from entering the alley and/or storm sewer system. 3. That on April 9, 2019 the Building Department was advised of the conditions due to the relation to the permit. 4. That on May 6, 2019 the building permit expired without the work being completed or any mandatory inspections performed. The owner of record was notified via mail of the permit expiration. 5. That on May 21, 2019 the Fire Department conducted a property maintenance inspection of the property and issued correction orders. 6. That on June 4, 2019 the Fire Department was advised of the issue and worked with public works to draft a letter to the owner of record regarding the issue. 7. That on June 26, 2019 the Fire Department conducted a follow-up inspection of the property listed above and found several violations uncorrected. 8. That on June 27, 2019 the owner of record spoke with a City Engineer who gave him several options for compliance. 9. That on June 28, 2019 the owner of record met with a City Engineer to discuss erosion control. The owner of record verbally agreed to put erosion control measures in place by September 1, 2019. He was provided with detail sheets of correct silt fence installation and erosion control blanket installation. The Fire Department granted an extension to September 1st based on the scope of the project and that the owner was working with Engineering to correct the violations. 10. That on August 20, 2019 the owner of record submitted an application for a new building permit for the installation of a garage and driveway for parking for property listed above. 11. That on September 3, 2019 the Fire Department performed the follow-up inspection for the extension and found that a slab had been laid for the garage and parking areas and additional excavation had taken place. 12. That on October 31, 2019 an inspection was conducted on the property listed above. Inspectors City of Columbia Heights - Council Resolution Page 2 found violations of the Property Maintenance Code. A compliance order was sent via regular mail to the owner at the address. 13. That on November 12, 2019 inspectors re -inspected the property and found that violations remained uncorrected. 14. That on November 12, 2019 the City hired a contractor to perform an emergency abatement to install silt fencing and placed hydro -mulch for temporary erosion control. 15. That on February 16, 2020 the second building permit expired without any additional work being completed, any mandatory inspections performed, and no permanent erosion control measures in place. 16. That on April 27, 2020 Public Works again contacted the property owner to make corrections, letter attached. 17. That on June 11, 2020 a contractor hired by the City performed an emergency abatement to install temporary measures to control erosion. 18. That on October 29, 2020 the City Council voted to table the resolution until May 2021 as the property owner had made progress towards compliance. 19. That on April 10, 2021 the building permit expired without the work being completed or any mandatory inspections performed. 20. That on May 3, 2021, inspectors re -inspected the property and found that violations remained uncorrected. 21. That on June 2, 2022, inspectors re -inspected the property and found that violations remained uncorrected. 22. That on August 2, 2022, inspectors re -inspected the property and found that violations remained uncorrected. 23. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall grade and maintain the premise to prevent the erosion of soil and the accumulation of stagnant water thereon, or within any structure located thereon. Drainage runoff from excavation of property shall not adversely affect adjoining premises. B. Shall sod or landscape with shrubs, trees, gardens, or other ornamental landscape materials any/all areas of the property that are not devoted to driveways, parking areas, sidewalks, or patios, Ground cover areas shall be maintained free of weeds, trash, yard waste, garbage and outside storage. Materials used for landscaping, including but not limited to, stone, brick, wood, edging materials, plastic, weed barriers shall be maintained. Damaged or deteriorated materials shall be repaired or replaced. C. Final grades with a slope ratio of greater than three (3) to one (1) will not be permitted without special approved treatment such as special ground covers or reforestation, terracing, or retaining walls. Shall obtain any/all necessary permits and permissions for retaining wall. Permit for retaining wall is obtained from Columbia Heights Building Department. 24. 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. CONCLUSIONS OF COUNCIL City of Columbia Heights - Council Resolution Page 3 1. That the property located at 3821 Reservoir Blvd NE is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 3821 Reservoir Blvd NE constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this 8th day of August, 2022 Offered by: Jacobs Seconded by: Murzyn Roll Call: All Ayes Ama a Marquez- Simula, Mayor Attest: City erk/Council Secretary