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