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HomeMy WebLinkAbout2022-070RESOLUTION NO.2022-70 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 John A. Holmberg (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4224 2"d St 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 June 9, 2021 a property maintenance complaint was filed with the city regarding possible code violations. 2. That on June 18, 2021 staff from several city departments met to investigate the complaint and found violations of city code. 3. That, following review of staff, the violations were compiled, and the Owner of Record was sent a Notice of Violation/compliance orders via regular mail to the address on file. 4. That on 8/20/2021, the Notice of Violation was returned undeliverable due to the Owner of Record not having a mailbox for delivery. The initial compliance date was extended to 9/20/2021 to account for the delay in notice. The notice was then hand -delivered and posted on the structure. 5. On 9/20/2021, a status check was performed, and the Owner of Record was found to be working with Engineering on plans for the rain garden compliance. 6. On 11/1/2021, the city granted a seasonal extension to 6/1/2022 as much of the outside work could not be performed due to the weather. 7. That on 6/9/2022, inspectors re -inspected the property and found that violations remained uncorrected. Review of other department city records found that little to no significant progress had been made towards compliance with city code. 8. That on August 2, 2022, inspectors re -inspected the property and found that violations remained uncorrected. 9. That based upon said city records, 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. Shall repair/replace/cut drain pipe located in the alley to prevent damage from snow plows (too close to alley). B. Land alterations. In general. No person, firm or corporation may engage in any excavation, grading or filling of any land in the city without first having secured a permit from the Public Works Director in accordance with code section 9.106(J). a. City Right of Way. Turf and concrete entrance walk disturbed by the City or other utility company will be restored in kind by the responsible entity. All other City of Columbia Heights - Council Resolution Page 2 landscaping within the City's Right of Way (ROW) is done at the property owners' risk and expense for removal and restoration. b. Entrance Walk within ROW. No permanent structures, such as footings, can be placed within the City's ROW. If entrance walk construction will be other than concrete sidewalk or steps, submit a detailed plan showing construction methods and materials to the Engineering Department prior to construction. c. Rain Garden within ROW. Apply for proper authorization by contacting Public Works. d. Erosion Control. Place bio-logs in front of the wood chips at the front of the property and in front of the compost area in the rear of the property near the alley. Regrade and stabilize all exposed soils. C. Zoning Variance Compliance. If substantial development or construction has not taken place within one year of the date of City Council approval of an application of land use or development approval, the approval shall be considered void unless a petition for time extension has been granted by the City Council. Such extension shall be submitted in writing at least 30 days prior to the expiration of the approval and shall state facts showing a good faith effort to complete the work permitted under the original approval. This provision shall not apply to zoning amendments or vacations of streets, alleys or public rights -of -way. a. Variance was granted in 2015 but no substantial development or construction pertaining to said Variance has since occurred. Work with the Building Official and Zoning Administrator to establish an extension on the proposed work should you choose to move forward with it. Additionally, the Variance mentioned multiple sheds on the property that were to be removed to meet zoning compliance. Additional accessory structures in excess of 1,000 total square feet shall be removed from the property. D. Fencing. Ensure and demonstrate how all perimeter fencing is compliant with code. Height is to be measured from average grade. a. No fence shall exceed seven feet in height. Fences exceeding six feet in height shall be deemed structures and shall require a Conditional Use Permit. a. Fences along any rear property line that abut a public alley or street shall be located no closer than three feet from the alley or street right-of-way. b. A fence extending across or into the required front yard setback shall not exceed 42 inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to 48 inches (4 feet) in height. E. All required setbacks shall be landscaped with turf grass, native grasses, trees, shrubs, vines, perennial flowering plants, or other pervious ground cover. Shall properly install full landscaping in the front and back yard setbacks of the property. 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. CONCLUSIONS OF COUNCIL 1. That the property located at 4224 2nd St NE is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. City of Columbia Heights - Council Resolution Page 3 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 4224 2"d St 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 Simula, Mayor