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HomeMy WebLinkAboutItem 08r November 12, 2013 Item No. PUBLIC HEARING WEED /GRASS REMOVAL AND PROPERTY MAINTENANCE CODE VIOLATIONS November 18, 2013 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Approve Resolution adopting assessment of Weed /Grass Removal and Property Maintenance Code Violations for 2013 Passage of this motion will result in the levy of special assessments for expenses incurred by the City in 2013 for ordinance and maintenance code violations. Overview Notice of Special Assessment letters were mailed on October 22, 2013 to the property owners who were in violation of City Ordinance 4 -1 -3 (Weed /Grass Ordinance) and Property Maintenance Code (PMC 3013). During the past year, the Building Inspections Department authorized the contractual mowing of grass, removal of weeds, and property maintenance on properties where the property owners had failed to correct the violations. The total amount proposed to be assessed to the parcels is $3,297.83, including 18% interest through 2014. Staff has not received any written objections from the owners of the properties being assessed for weed /grass removal and property maintenance code violations. Primary Issues to Consider ® None. Supporting Information Legal Notice published in Sun Thisweek Lakeville ® Affidavit of Mailing Assessment Hearing Notice ® Special�n nt Roll Finance Director .Financial Impact: $3,477.48 Budgeted: N/A Source: NIA Related Documents (CIP, ERP, etc.): Notes: CITY OF LAKEVILLE RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT OF WEED /GRASS REMOVAL AND PROPERTY MAINTENANCE CODE VIOLATIONS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met, heard and passed upon all objections to the proposed special assessment of weed /grass removal and property maintenance code violations. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota 1. Such proposed Assessment No. 1309 in the amount of $3,477.48 is hereby accepted and shall constitute the special assessment against the land named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. The Special Assessment was calculated as follows: Contract Grass /Weed Cutting $1,013.36 Legal Notice publication 42,66 Special Assessment Administrative Fee 1,620.00 Dakota County Special Assessment Fee 70.20 Interest 549.61 Total proposed Special Assessment $ 3,297.83 2. Such assessments shall be considered payable and collected with the taxes payable in 2014 and shall bear interest at the rate of 18% per annum from the date of the adoption of this assessment resolution to December 31, 2014, 3. The owner of the property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The owner may, at any time following certification, 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. 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, and such assessments shall be collected and paid over in the same manner as other municipal taxes. The affected parcels are as follows: Parcel ID Property Address Total 22- 14500 -03 -090 9680 161 St. W. $179.65 22- 14500 -03 -200 16186 Logarto Lane $179 22- 20850 -05 -150 17095 Foliage Ave $179.65 22- 20861 -03 -130 16150 Dodd Lane $179.65 22- 21170 -04 -080 7478 Upper 164 St. W. $179.65 22- 21172 -06 -250 6619 Upper 163rd Ct. W. $179.65 22- 21172 -06 -290 6691 Upper 163 Ct. W. $179.65 22- 21174 -03 -110 6565 Lower 169"' St. W. $179.65 22- 21177 -02 -160 16117 Fishing Ave. $179.65 22- 27500 -01 -080 10450 173 Ct. W. $179.65 22- 27550 -01 -060 20650 207 Ct. W. $243.78 22- 30200 -02 -110 20645 Iceland Ave. $179.65 22- 31502 -02 -160 16984 Festal Ave, $179.65 22- 32900 -04 -100 8390 168" 5t. W. $179.65 22- 48103 -04 -150 6091 Joplin Ave. $179.65 22- 13700 -05 -101 8635 206th St. W. $179.65 22- 14250 -01 -010 10586 202 " St. W. $179.65 22- 21177 -07 -190 16583 Flagstaff Way $179.65 ADOPTED by the City Council of the City of Lakeville, Minnesota, on November 18, 2013. CITY OF LAKEVILLE BY: Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA } ss COUNTY OF DAKOTA Tonya Orbeck being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: STW Lakeville and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 10/25/2013 and the last insertion being on 10/25/2013. Authorized Agent Subscribed and sworn to or affirmed before me on 10/25/2013, 1''otar 0lic RIBA MARIE ON , 1 Notary Public - Minnesota "Y Comanission Expires Jan 31, 20th Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $27.40 per column inch CITY OF LAKEVILLE, DAKOTA COUNTY, MINNESOTA NOTICE OF HEARING ON PROPOSED ASSESSMENTS TO WHOM IT MAY CONCERN: NOTICE IS HERESY GIVEN that the City Council will meet at 7:00 p.m. on November 16, 2013, at the City Coun- cil Chambers, 20195 Holyoke Avenue, Lakeville, Minnesota, to pass upon the proposed assessment for the costs in- curred as a result of City Ordinance 4 -1 -3 Maed/Grass) and Property Ma'mtenance Code 301'3 violatbirs. The areas to be assessed are within the City of Lakeville. The total amount to be specially assessed against the properties is $3,477.46. The proposed assessment roll is on file for pui}lic inspection at the City Clerk's office. Written or oral objec- tions will be considered at the City Gouncil meeting. No appeal may be taken as to the amount of the assessment unless a signed written objection is filed with the City Clerk prior to the hearing or present- ed to the presiding officer at the hearing, An owner may appeal an assessment to District Court pursuant to Minnesota Statutes 429.06';, by serving notice of the appeal upon the Mayor or City Clerk of the City within thirty (30) days after the adoption of the assessment and figrig such notice with the District Court wlthin ten (I0) days after service upon the Mayor or City Clerk. DATED this 218t day of October, 2013. CITY OF LAKEVILLE Charlene Friedges, City Clerk Published in Lakeville October 25, 2013 4o6se Ad ID 40698 State of Minnesota) ) ss. County of Dakota ) Dianne Quinnell hereby certifies that on October 22, 2013, acting on behalf of the City of Lakeville, I deposited in the United States Post Office at Lakeville, Minnesota, copies of the attached notice of a hearing levying proposed special assessments, enclosed in envelopes, with postage thereon fully prepaid; that the names and addresses of said persons were those appearing as such by appropriate records. There is a delivery service by United States mail between the place of mailing and the places so addressed. Dianne Quinnell Subscribed and sworn. to before me this 22" day of October, 2013. ,. PENNY BREV( } _> NOTARY pU8t1C. MIN1Esara toy C07"nlsSEM ExPes Jan 91, 2015 ('weed /Grass Assessment) Notary P is ffl — a W N c4 a� �»t G�1 vGn�d � W IJ �s c� LZ U U a Ln En �n n v � v� ) V'1 kn in tn C v o vi oo u'i d v'i % CO 01 C1 CT. 01 01 Cl ON C� C� C� M 01 CT CT 01 O r r --t-- 714 b; b9 b9 b46r: [f3 bS 69 X69 0*1 ` v U-� 'n W) n to n Vn Ln W (r) v 'r— ) ' n Qv C31 a~. 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Q C1 C CT Cl 0' Cl C CT C� M 01 1 O 0 LT M N r— 69 fA b4 Ff-, bpi f/-1 C 4 Cl F- 69 b4 I.- [C s Wn Nr, kn kn Ln V'1 v'i to 'n tr; kn �n 3n 00 vl V1 O to V) ' LD LO -,Pl Vr ll� i0 1.0 V V7 r z �t d1 Q, 0` Q` 01 0- CT. V- rrrr - nrrrrr �-r- -r- c r ss i ss s sg s9 E � � �s bs s5 sq s� J C� N LV '..x.; o G 0 � ; Q 6 V �' kn v� �n �' as r- CD M a, �i r N ifn M C$1 N Cc e O C u 4 ^ Cl O tr) M oG v - , O~. 7 7 Ln ^^ M M M 4 V M N r N N V 4 N ty o noa nms= rrt�rrQkn ooQQQ .. tj r N oo .... .-.. ..... vi rn N N N N N N . N m � N N C i a l I i i i i r i i C N N N N N N N N N N N N N N N W N N N N N N N N N N N N N N N N N N N N v <<< <C�4 <Qd¢ <¢¢ < <dQ O N C C C D RECEYVED NOV 18 2013 CITY OF L,AKEVILLE November 13, 2 , 01 3 Charlene Friedges City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 5co44 RE: Weeds /Grass Violation assessment for i6186 Logarto Lane, PID# 22_14500.03.200 Dear City of Lakeville City Council: My husband and i closed on 16186 Logarto Lane, Lakeville, MN 55044 on July 29, 2013. We were surprised to receive a weeds/grass violation letter dated October 2,2, 2013 for a zoning violation dated May 29, 2013 which is before we viewed the property. The home we purchased was a HUD home, we used an agent and there was no disclosure of an assessment at closing and therefore we are not responsible for this payment. i have contacted our real estate agent and have been working with HUD to resolve this matter. Where it stands as of today, is that HUD is planning to pay this assessment but it has not been processed or received by the City of Lakeville. Please hold HUD responsible for this payment, since they were the property owner at the time of violation and did not disclose this to us when purchasing our home. You can contact me with any questions via phone at 612.205.5220 or personal email bubblesqueen@gmaii.com. Sincer , Jennifer & Kevin Chou The Chou Dynasty 16186 og Lane, Mh' bubblesqueen@gmail.com