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January 19, 2010 Item No. -�
JANUARY 19, 2010 CITY COUNCIL AGENDA
CALL A PUBLIC HEARING TO ASSESS
CITY ORDINANCE AND PUBLIC MAINTENANCE CODE VIOLATIONS
7439165th St. W.
17410 Jersey Way
Proposed Action
Staff recommends adoption of the following motion: Move to call a public hearing set for
February 16, 2010 for City Ordinance and Public Maintenance Code violations.
Overview
Notices were sent out to the property owners who were in violation of City Ordinances 4-1-3
(Weed/Grass) and 11-22-5 (Outdoor Storage), and Property Maintenance Codes 301.2 and
302.1 (Sanitation). The property owners failed to correct the violations. Staff authorized the
contractual mowing of weeds/grass and incurred labor and equipment charges to remove
rubbish from the parcels.
Staff requests that the City Council call a public hearing to be conducted on February 16,
2010, to assess the cost for weed/grass removal and for labor and expenses incurred for
removal of rubbish from the parcels. The procedure of assessing City Ordinance and Property
Maintenance Code violations is in accordance with Minnesota Statutes Chapter 429.061, City
Ordinances 4-1-3 and 11-22-5, and the Property Maintenance Code.
The total amount proposed to be assessed to the parcels is as follows:
Contract Grass Cutting
$ 42.00
Costs Related to Cleanup
11180.10
Publish Legal Notice
90.00
Special Assessment Administrative Fee
70.00
Dakota County Special Assessment Fee
7.00
Interest
458.39
Total Proposed Special Assessment Roll
$1,847.49
Supporting Information
• Resolution Calling a Public Hearing on Proposed Assessments
• Legal Notice to be published on January 26, 2010 in Dakota County Tribune
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OrNIN
Finance Director
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CITY OF LAKEVILLE
RESOLUTION NO.
RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED ASSESSMENT
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota:
1. A hearing shall be held on the 16th day of February, 2010, at the Lakeville Council
Chambers, 20195 Holyoke Avenue, at 7:00 p.m. to pass upon a proposed assessment,
and, at such time and place, the property owners affected will be given an opportunity
to be heard with reference to such assessment of City Ordinance and Property
Maintenance Code violations.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to
the hearing. The Notice shall state the total cost of the weed/grass removal and labor
and equipment for Property Maintenance Code violations. Notice will also be mailed to
the owners of the parcels described in the assessment roll not less than two weeks
prior to the hearing.
APPROVED AND ADOPTED this 19th day of January, 2010.
CITY OF LAKEVILLE
Holly Dahl, Mayor
ATTEST:
Charlene Friedges, City Clerk
CITY OF LAKEVILLE, DAKOTA COUNTY, MINNESOTA
NOTICE OF HEARING
ON PROPOSED ASSESSMENT
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the City Council will meet at 7:00 p.m. on February 16,
2010, at the City Council Chambers, 20195 Holyoke Avenue, Lakeville, Minnesota, to pass upon the
proposed assessment for costs incurred as a result of City Ordinances 4-1-3 (Weed/Grass) and 11-22-5
(Outdoor Storage) and Property Maintenance Codes 301.2 and 302.1 (Sanitation) violations. The
parcels proposed to be assessed are as follows:
ADDRESS P.I.D. # AMOUNT
7439 165"' St. W. 22-21100-050-03 $1,168.76
17410 Jersey Way 22-27500-070-02 $ 678.73
The amount to be specially assessed against each parcel is as stated above. The total amount
to be assessed is $1,847.49. Owner may at any time prior to certification of the assessment to the
County Treasurer -Auditor, pay the entire assessment on such property, with interest accrued to the
date of payment, to the City Finance Director. No interest shall be charged if the entire assessment is
paid within thirty (30) days from the adoption of this assessment. An owner may at any time
thereafter pay to the City the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. If an owner decides not to prepay the
assessment before the date given above, the rate of interest that will apply is Eighteen (18%) percent
per year.
The proposed assessment roll is on file for public inspection at the City Clerk's office. The total
amount of the proposed assessment is stated above. Written or oral objections will be considered at
the City Council 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 presented to the presiding
officer at the hearing. The City Council may, upon such notice, consider any objection to the amount
of a proposed individual assessment at an adjourned meeting upon such further notice to the affected
property owner, as it deems advisable.
An owner may appeal an assessment to District Court pursuant to Minnesota Statutes 429.081,
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 filing such notice with the District Court within ten (10) days after
service upon the Mayor or City Clerk.
Minn. Stat. §§ 435.193 -195 allows the City of Lakeville, at its discretion, to defer the amount of
a special assessment for any homestead property owned by a person sixty-five (65) years of age or
older, or retired by virtue of a permanent and total disability for whom it would be a hardship to make
payments. The City of Lakeville has established a deferment procedure pursuant to these sections.
DATED this 19th day of January, 2010.
CITY OF LAKEVILLE
BY:
Charlene Friedges, City Clerk