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ITEM 4.14 0 CITY OF Ot e 0 MINNESOTA Request for City Council Action Nw_n...._.......x.xv........._....n...._................................,_.................. ORIGINATING DEPARTMENT: _.....n_....n__ ._:__ ..� n. _ nn_.:..___.__ _} _. __ : _: _ n ::—__:::_:.:::...... r... v _: .. _ .... N r. _ . REQUE T R: � .r...... N ....., x......N _� ....... _......_...._, n .. n.... ....... .. _ � ..._ ............_....... , n MEETING DATE: Community Development lopment Cit} Planner Licht 22 October 2012 PRE ENTEF : REVIEWED BY-. ITEM #: -City Planner Licht City Administrator Johnson .. — Assessment Dearing AGENDA ITEM DETAILS Iin 11 Wfievd M, MZUPT,i,"W?F 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"? No. N. BACKGRO JNDMU TIFIC TI 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. Cater 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. 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 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 after service upon the Magor or City Cleric. 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 Magor at the assessment hearing, unless the failure to object was due to reasonable cause. SUPPORTING DOCUMENTS: n ATTACHED n NONE At Resolution 2912-7 MOTION: (Please word motion as you would like It to appear In the minutes,) Motion to adopt Resolution 2012-70 adopting assessment for unpaid administrative flares and abatement charges related to code enforcement. ❑ APPROVED AS REQUESTED ❑ DENIED o TABLED ❑ OTHER (List changes) COMMENTS: CITY of OTS GO COUNTY of WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2012-70 RESOLUTION ADOPTING .ASSESSMENT FOR UNPAID ADMINSTRATIVE FINES WHEREAS, pursuant to Minnesota Statute 429.101, Minnesota Statute 5 14. 67, Otsego City Code 2-5-6, D and the attached property owners have been duty billed for administrative fires 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 be assessed against their property with accrued interest as set forth on the attached Exhibit A. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of OTS GO, WRIGHT COUNTY, MINNESOTA: . Such proposed assessment, a copy of which is attached hereto as Exhibit 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 t be payable on or before the first Monday in January 2012, and shall bear interest at the rate o % per annum from the slate of'adoption of this assessment resolution. To the assessment shall be added interest on the entire assessment from the date of this resolution until ecem er 31, 2012. Additional interest fog# one year shall be added for each additional year that the installment remains unpaid. 3. The owner of any propeity so assessed may, at any time prior to certification o the assessment to the County Auditor, pay the whole of the assessment on the property, with interest accrued to the date of paymentto the City Treasurer, except that no'Interest shall be charged if he entire assessment 'is paid within 3o 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 3 1 of the next succeeding year. . 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 assessments shall be paid over in the sane manner as other City taxes. ADOPTED by the Otsego City Council this 22nd day of October, 2012. 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