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ITEM 4.1 Code Enforcement0 ots11.1: o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 13 October 2014 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 4.1— 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 ISA PUBLIC HEARING REQUIRED? No. I Yes. BACKGROUND/JUSTIFICATION: The City Council will conduct a public hearing to consider assessment of unpaid fines and charges related to code enforcement on 13 October 2014. 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 applicable sections of the City Code. Property owners were previously noticed of the citation, penalty amount and costs incurred by the City for abatement of the violation and were given an opportunity to appeal the charges. 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 to the district court pursuant to Minnesota Statutes 429.081 by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within 10 days after service upon the Mayor 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 or presented to the Mayor at the assessment hearing, unless the failure to object was due to reasonable cause. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Resolution 2014-71 POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to adopt Resolution 2014-71 adopting assessment for unpaid administrative fines and abatement charges related to code enforcement. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES N/A o No ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED o TABLED ❑ OTHER (List changes) COMMENTS: RESOLUTION NO.: 2014 - 71 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION ADOPTING ASSESSMENTS FOR UNPAID ADMINSTRATIVE FINES AND CHARGES. WHEREAS, pursuant to Minnesota Statutes 429.101, Minnesota Statute 514.67, Section 2-5-6.D of the City Code and the attached property owners have been duly invoiced for administrative fines incurred for violations, administrative costs related to City abatement of violations and have failed to make the required payments; and, WHEREAS, the property owners have been notified by mail that the unpaid invoices would be assessed against their property with accrued interest as set forth on the attached Exhibit A.; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that Otsego that: Such proposed assessment, a copy of which is attached hereto as Exhibit A and made a part thereof, is hereby accepted and shall constitute a 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 2015, and shall bear interest at the rate of six (6%) percent 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, 2015. Additional interest for one (1) 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 in the entire assessment is paid within thirty (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 made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessment shall be paid over in the same manner as other City taxes. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of October, 2014. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO Jessica L. Stockamp, Mayor 2 EXHIBIT A PID # Property address CITATION CONTRACTED TOTAL ADMIN TOTAL 118-031-004020 14031 87th Street NE $200.00 ABATEMENT $520.63 CHARGES $620.63 118-174-002130 5741 Radford Avenue NE $400.00 $641.26 $1,041.26 $100.00 $1,141.26 118-031-004020 14031 87th Street NE $200.00 $320.63 $520.63 $100.00 $620.63 118-190-012150 8900 Kahl Way NE $200.00 $160.31 $360.31 $100.00 $460.31 118-190-012110 8866 Kahl Way NE $200.00 $160.31 $360.31 $100.00 $460.31 118-034-002180 13836 80th Street NE $200.00 $160.31 $360.31 $100.00 $460.31 118-037-003050 7944 Ochoa Avenue NE $200.00 $320.63 $320.63 $100.00 $620.63 118-222-002060 12394 67th Street NE $200.00 $0.00 $200.00 $200.00 $400.00 118-089-001210 7767 Palisades Avenue NE $200.00 $0.00 $200.00 $200.00 $400.00