08-57RESOLUTION NO.: 2008-57
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION ESTABLISHING POLICIES AND PROCEDURES RELATED TO
FORECLOSED AND ABANDONED PROPERTIES.
WHEREAS, the City of Otsego understands that foreclosed and abandoned
properties have recently increased, causing the City to take preventative measures.
WHEREAS, the City of Otsego understands that unoccupied foreclosed and
abandoned properties tend to attract and accrue unwanted damage from a variety of
sources.
WHEREAS, the City of Otsego understands that damaged or blighted properties
could have a lasting, negative effect on community neighborhoods.
WHEREAS, the City of Otsego understands that many of the property owners
and mortgage lenders are difficult to contact but the City will make every effort to do so
while enforcing the City code.
WHEREAS, the purpose of this policy is to mitigate any blight effects in
community neighborhoods from foreclosed and abandoned properties; in response to
which, Otsego aims to effectively and positively address current and future foreclosure
issues.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Otsego
that the following administrative procedures shall be implemented related to foreclosed
and abandoned properties:
SECTION 1. DEFINITIONS: The following terms shall be defined as follows for
the purposes of this policy:
A. "Abandoned property" shall mean a property that is no longer being occupied.
B. "Foreclosed property" shall mean a property that is currently going through the
foreclosure process.
C. "Property owner" shall mean the person or entity identified by Wright County
property tax records as the owner of the parcel.
SECTION 2. POLICY:
A. The City of Otsego shall through an administrative procedure review foreclosed
and abandoned properties that are no longer being occupied for property
damage and enforce City code requirements in accordance with this Resolution
and all applicable provisions of City Code.
B. The City of Otsego shall within its statutory powers recoup any and all costs
incurred related to foreclosed and abandoned properties for contractual and City
performed services, fees, fines and penalties, but not including costs for routine
monitoring.
SECTION 3. PROCEDURE:
A. The Department of Building Safety will be the department primarily responsible
for inspection of all foreclosed and abandoned properties in accordance with the
procedures established by this Resolution and all applicable provisions of the
City Code.
B. The Department of Building Safety will maintain identify foreclosed and
abandoned properties provided by Wright County or through resident or staff
complaints and concerns.
C. The City Attorney shall send notice to electric and gas utilities that provide
service to properties within the City of Otsego requesting that the utility provide
the Department of Building Safety with the addresses of property to which
service has been discontinued.
D. When a foreclosed or abandoned property address has been identified, the
Department of Building Safety will inspect the property for the following:
1. Determine if the property is occupied.
2. If the property is occupied the Department of Building Safety shall make
note of the condition of the property.
3. If the property is not occupied, the Department of Building Safety shall
view the property by walking around the outside of the property without
entering any fenced area and evaluate the following conditions:
a. Weed, grass or snow/ice removal violations.
b. Garbage or exterior storage violations.
C. Note if Gas and/or electric services are shut off.
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d. Note if water is shut off.
e. Condition of exterior structures.
f. Condition of interior structures for water or mold damage.
g. Security of the structure preventing unauthorized access.
4. Upon completion of viewing of the property, the Department of Building
Safety shall update the property files of their findings.
E. If the property is in violation of any City Code regulating property maintenance,
garbage, or exterior storage, the property address shall be referred to the Code
Enforcement Officer to resolve the current violation and all related violations
thereafter in accordance with the established policies and provisions of the City
Code.
F. Water Utilities to Unoccupied properties:
1. If the gas or electric utilities are shut off, the Department of Building Safety
shall have the water service shut off by referring the address to the Utility
Department immediately.
2. If the gas or electric utilities are not shut off, then the water service will be
left on if between the months of April 15th through October 15th, but the
Department of Building Safety shall refer the address to the Utility
Department to have the water shut off by October 15th to avoid freezing.
3. The Department of Building Safety shall immediately refer the address to
the Utility Department to have the water shut off if there is the Building
Department determines there is existing water related damage or safety
concerns to the property.
G. If a building is found to be unsecured, the property address shall be referred to
the City Attorney to request City Council approval of an order to secure building
notifying the property owner to resolve the situation within six (6) days or the City
will cause the building to be secured in accordance with Minnesota Statues
463.251.
H. If the interior of the building is determined by the City not to be habitable, the
Department of Building Safety will immediately post a "NO OCCUPANCY" notice
with City contact information at the front entrance.
I. Recovery of costs incurred:
1. The Finance Department shall issue by US Mail an invoice to the property
owner for all costs incurred by the City for contractual or City services and
any applicable fees, fines penalties and interest set forth by the City Code
to be paid in full within thirty (30) days.
2. All invoices issued by the Finance Department that are unpaid after thirty
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(30) days shall be referred to the City Clerk for assessment of unpaid fees
and charges, including penalties and interest, against the affected
properties pursuant to the provisions of the City Code and Minnesota
Statutes 429.101 and other Statutes as applicable.
MOTION BY: CM Heidner
SECOND BY: CM Scharber
ALL IN FAVOR: Mayor Stockamp; Councilmembers: Heinder, Scharber and Zhorsted.
THOSE OPPOSED: None.
ADOPTED by the Otsego City Council this 8t" day of September, 2008.
CITY OF OTSEGO
7, 1
�M)7&
ckamp, Mayor
ATTEST:
Jud T
dso oKing Adminisrator/City Clerk
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