09-06RESOLUTION NO.: 2009 - 06
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION SETTING A PUBLIC HEARING ON PROPOSED ASSESSMENTS
FOR UNPAID ESCROW ACCOUNT BALANCES RELATED TO DEVELOPMENT
APPLICATIONS AND FINES AND CHARGES RELATED TO CODE ENFORCEMENT.
WHEREAS, the City has incurred costs for professional legal, engineering and
planning services related to consideration of certain development requests; and,
WHEREAS, applicants for development requests have agreed that all fees and
expenses incurred by the City for the processing of this application, including costs for
professional services, are the responsibility of the applicant and property owner to be
paid immediately upon receipt or the City may approve a special assessment for which
the property owner specifically agrees to be to be assessed for 100 percent per annum
and waives any and all appeals under Minnesota Statutes 429.81 and that all fees and
expenses are due whether the application is approved or denied.
WHEREAS, certain administrative fines for violation of the City Code and costs
incurred for abatement have been issued to the responsible party and have not been
paid within 30 days of receipt of the citation; and,
WHEREAS, invoices for the unpaid escrow account balances have been issued
to the responsible party and have not been paid within thirty (30) days of receipt; and,
WHEREAS, pursuant to the provisions of the City Code and Minnesota Statutes
429.101 and other Statutes, the City can assess for unpaid escrow account balances,
administrative fines and abatement costs incurred, including penalties and interest,
against the affected properties; and,
WHEREAS, City staff has prepared a list setting forth the properties delinquent
in payment and the amount of delinquency for each property.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OTSEGO THAT:
1. A public hearing shall be held on the 11 m Day of May, 2009 at 5:30 PM at City
Hall to pass upon such proposed assessment and at such time and place all
persons owning property affected by the proposed assessment will be given an
opportunity to be heard.
2. The City Clerk is hereby directed to cause notice of the public hearing of the
proposed assessment to be published once in the official newspaper at least
p fourteen (14) days prior to the date of said hearing, which shall state in the notice
the total amount of delinquencies proposed for certification and shall also cause
mailed notice to be given to the owner of each parcel described in the proposed
assessment roll not less than fourteen (14) days prior to the date of said hearing.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk, except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the date upon which the assessment is adopted by the City Council.
The property owner may at any time thereafter, pay to the City Clerk the entire
amount of the assessment remaining unpaid, with interest accrued to December
31 of the year in which such payment is made, provided that such payment is
made before November 15 or interest will be charged through December 31 of
the succeeding year.
MOTION BY: CM Heidner
SECOND BY: CM Thorsted
ALL IN FAVOR: Mayor Stockamp; Councilmembers: Heidner, Thorsted, Scharber and
Darkenwald
THOSE OPPOSED:
None.
ADOPTED by the City Council of the City of Otsego this 13th day of April 2009.
ATTEST: `W 4\4
Tami Loff, City Clerk
CITY OF OTSEGO
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