ITEM 4.1 Public Hearing RE: unpaid administrative finesot l-eF o
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Administration
City Clerk Tam Loff
October 12, 2015
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Clerk Loff
City Administrator Lori Johnson
4.1— Public Hearing
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?
IS A PUBLIC HEARING REQUIRED?
No
Yes
BACKGROUND/JUSTIFICATION:
Notice of the public hearing for all properties subject to assessment for unpaid fines and charges related
to code enforcement was published in the Elk River Star News which included a list of properties
provided by Administrative Assistant Sandy Lindenfelser. City staff also mailed notice to property
owners as required by Minnesota Statutes 429.061, Subd. 1.
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
0 Resolution 2015-60
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to adopt Resolution 2015-60 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 oTABLED ■ OTHER (List changes)
RESOLUTION NO.: 2015-60
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 2016, and shall bear interest
at the rate of 3.25 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 12th day of
October, 2015.
ATTEST:
Tami Loff, City Clerk
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
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