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ITEM 5.3 Code Enforcementt ouely o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning I City Planner Licht 1 24 April 2017 PRESENTER(s): City Planner Licht AGENDA ITEM DETAILS REVIEWED BY: City Administrator Flaherty City Attorney MacArthur ITEM #: 5.3 — Code Enforcement RECOMMENDATION: City staff recommends adoption of a resolution authorizing City staff to undertake proactive enforcement of certain City Code violations. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No. No. BACKGROUND/JUSTIFICATION: The City Council recently discussed having City staff undertake proactive Code Enforcement actions to address violations on high visibility or particularly problematic properties. City staff would be directed to identify up to 10 properties abutting arterial or major collector streets for proactive enforcement action to address junk and debris, unlicensed or inoperable vehicles, and/or illegal home businesses. The properties would be identified by City staff, with input solicited from all departments, rather than on a complaint basis. The proactive code enforcement efforts would be undertaken within the existing budget for services but accounted for separately so that the City Council can evaluate the cost effectiveness and benefit of this approach with a cost not to exceed $10,000 on a time/materials basis. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Resolution 2017-39 POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to adopt Resolution 2017-39 directing City staff to undertake certain actions related to administration and enforcement of the City Code. RESOLUTION NO.: 2017 - 39 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION DIRECTING CITY STAFF TO UNDERTAKE CERTAIN PROACTIVE EFFORTS RELATED TO ENFORCEMENT OF THE CITY CODE. WHEREAS, the City of Otsego has adopted a City Code to ensure land use compatibility and the protection of public health safety and welfare within the City; and, WHEREAS, the City administers and enforces the provisions of the City Code on a complaint basis in consideration of available staff and budget resources; and, WHEREAS, the City Council believes that certain types of violations of the City Code occurring at high visibility locations within the City has potential for greater negative effects to public health safety and welfare; and, WHEREAS, the City Council desires to proactively address such violations to prevent harm to land use compatibility, community character, and public health safety and welfare. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that Otsego that the Zoning Administrator and Code Enforcement Officer is hereby directed to: 1. Identify, with the assistance of other City staff, up to ten (10) properties located adjacent to arterial or major collector roadways upon which the following violations are occurring: a. Accumulation in the open of materials and debris constituting a public nuisance in violation of Section 5-8-5.0 and 5-8-5.P of the City Code. b. Open and outdoor storage, including recreational equipment or unlicensed or inoperable vehicles, in violation of Section 20-18-3.A of the Zoning Ordinance. C. Operation of a home extended business in violation of Section 20-29-1 of the Zoning Ordinance. 2. Pursue enforcement of the identified violations in accordance with the administrative procedures outlined by Chapter 2, Section 5 of the City Code; the City further reserves its rights to all other administrative, civil, or criminal remedies available to abate the violation. 3. Costs incurred by the City on a time and materials basis for the code enforcement actions directed by this resolution shall not exceed $10,000 in addition to other on-going code enforcement activities without further authorization from the City Council. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 24th day of April, 2017. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO Jessica L. Stockamp, Mayor 2