HomeMy WebLinkAbout2024-007 FD Nuisance Abatement 4411 3rdRESOLUTION NO. 2024-07
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 Clifford A. Rude (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4411 3rd Street 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 December 7, 2023.
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 July 1, 2022, an inspection was conducted by the Fire Department's seasonal inspector on the
property listed above. Several dead/hazardous trees were found. A compliance order was sent via
regular mail to the owner listed in the property records.
2. That on September 6th, 2022, inspectors found that one of the dead trees had fallen onto the home.
3. That on September 16th, 2023, a seasonal extension was granted, and a message was left with the
property contact regarding the discarded brush and dead trees on the property, with a request to contact
the Fire Department with a plan to mitigate the violations.
4. That on June 1, 2023, July 19, 2023, August 31, 2023, and October 9, 2023, re -inspections were
performed. And the violations remained uncorrected. During this period, the property was inspected by
the city's Urban Forestry Specialist, who determined that removal of the dead/hazardous trees would
be in excess of $3,000 and, following consultation with the city attorney on November 15t, 2023, it was
decided to present the violations to the City Council for consideration as a public nuisance.
5. That on December 7, 2023, inspectors performed an inspection that verified the violations remained
uncorrected, and a compliance order Statement of Cause and notice of public hearing for declaration as
a public nuisance was sent via regular mail to the owner listed in the property records.
6. That on January 11, 2024, inspectors performed a final pre -council inspection and found that the
violations remained uncorrected.
7. That based upon said records of the Fire Department, the following conditions and violations of City
Code were found to exist, to wit:
A. All exterior property and premises shall be maintained free from diseased, dead, and hazardous
trees. Diseased, dead, or hazardous trees are considered a public nuisance and will be abated by the
city at the expense of the owner if not removed.
8. 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.
City of Columbia Heights - Council Resolution
Page 2
CONCLUSIONS OF COUNCIL
1. That the property located at 4411 Yd Street 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 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 4411 3rd Street 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 22 day of January, 2024
Offered by: Buesgens
Seconded by: James
Roll Call: All Ayes
Am Ada Marquez Simula, Mayor
Attest
y
Sara Ion, City Clerk/Council Secretary