ITEM 4.1 Code EnforcementRequest for
OtSCITY 2OF �'O City Council Action
MINNCSOTA
DEPARTMENT INFORMATION
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ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE:
Planning City Planner Licht 14 October 2013
PRE ENTER(s): REVIEWED BY: [TEPA #;
iter Planner Licht CityAdministratorJohnson .1—Code Enforcement
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends assessment of unpaid administrative fines and abatement charges related to
code enforcement.
ARE YOU SEEKING APPROVAL OF A CONTRACT?I IS A PUBLIC HEARING REQUIRED?
Yes.
BA R Ur DMUSTIFIoATI N:
The City Council will conduct a public hearing to consider assessment of unpaid fines and charges
related to code enforcement. Notice of the public hearing was published in the Elk River Star News
including a list of all properties subject to assessment. City staff also mailed notice to property owners
as required by Minnesota Statutes 429.061, Subd. 1.
City staff has verified the proposed assessment roll as accurate. The purpose of the hearing is not for
the City Council to determine if a violation has occurred. The ability to appeal a citation is provided for
as an administrative process under Section -5-4 of the City Code. The ability to appeal the fines and
charges that are now due has lapsed for each of the properties included on the proposed assessment
roll.
An owner may appeal their assessment t the district court pursuant to Minnesota Statutes 429.081 b
serving notice of the appeal upon the Mayor or City Clerk of the City within 30 days after the adoption of
the assessment and filing such notice with the district court within 10 days afterservice upon the Mayor
r
or City Clerk. However, no appeal may be taken on the amount of the assessment unless a written
objection signed by the property owner has been filed with the City Clerk before the assessment hearing
r presented to the filar at the assessment hearing, unless the failure to object was due to reasonable
cause.
SUPPORTING DOCUMENTS: nATTACHED nNONE
A. Resolution 2013-55
POSSIBLE MOTION
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'lease word moVon as you would like It to appear in the m1nute .
vlotion to adapt Resolution 2013-55 adopting assessment for unpaid administrative fires and
ibatement charges related to came enforcement.
BUDGET INFORMATION
APPROVED AS REQUESTED DENIED a TABLED o OTHER (List charges)
ROIR7MENT +
CITY of OTSEGO
COUNTY of WRIGHT
STATE of MINNESOTA
RESOLUTION N . 2013-55
RE, SOLUTION ADOPTING- ASSESSMENT FOR UNPAID
ADMINSTRATIVE FINES
WHEREAS, pursuant to Minnesota Statute 429 • 10 I Minnesota Statute 5 1 •
Otsego City Code 2-5#6, D and the attached property owners have been duly billed
for administrative fines incurred for violations, administrative costs related to City
mowing property and have failed to make the required payments; and
WHEREAS, Owners have bee notified by mail that the unpaid bills would b
assessed against their prop It r with accrued interest as set f -tb on the attached
Exhibit A,
NOW THEREFORE BE IT RESOLVED Y THE CITY COUNCIL of
THE CITY of OTSEGO, WRIGHT COUNTY, MINNESOTA:
. Such proposed assessment, a copy of which is attached hereto as xhibit A and
made a part hereof, is hereby accepted and shall constitute the special assessment
against the lands named therein, and the tract of land therein included is hereby
found to have not paid for City services provided, or have not paid applicable City
administrative fines,
2. Such assessment shall be payable in one annual installment, said installment to
be payable on or before the first Monday in January 2014, and shall bear interest at
the rate of 6% per annum. from the date of adoption of this assessment resolution.
To the assessment shall be added interest on the entire assessment from the date of
this resolution until December 31, 2013. Additio al interest for one year shall be
added for each additional year that the installment remains unpaid.
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 the
property, with interest accrued to the date of payment to the City Treasurer, except
that no interest shall be charged if the entire assessment is paid within 30 days
from the adoption of this resolution; and they may, at any time thereafter, pay to
the City Treasurer the entire amount of the assessment remaining unpaid, with
interest accrued to December 31 of the year in which such payment is made. Such
payment must be rade before November 15 or interest will be charged through
December 31 of the next succeeding year.
. The City Clerk shall fofthwith transi It a certified duplicate of this assessment
to the County Auditor to be extended on the property tax lists of the County. Such
assessments shall be paid over in the same manner as other City taxes.
ADOPTED by the Otsego City Council this 14 1h day of October, 2013.
MOTION made by Council Member
Council Member
IN FAVOR.
OPPOSED.
and SECONDED by
CITY of oSGo
Jessica Stoc amp, Mayor
' ami Loff, City Clerk
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