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HomeMy WebLinkAboutItem 06.fOctober 12, 2010 Primary Issues to Consider None ens -eller Finance Director Financial impact: $None Budgeted: N/A Related Documents (CIP, ERP, etc.): Notes: OCTOBER 18, 2010 CITY COUNCIL AGENDA CALL A PUBLIC HEARING TO ASSESS COSTS OF SECURING A VACANT BUILDING 16108 Fairgreen Avenue Item No. Proposed Action Staff recommends adoption of the following motion: Move to call a public hearing set for November 15, 2010 to assess the costs of securing a vacant building located at 16108 Fairgreen Avenue. Overview At its October 4, 2010 meeting, the Lakeville City Council approved an Order to secure the vacant building located at 16108 Fairgreen Avenue. In accordance with Minnesota Statute, the Order was subsequently served by mail upon the owners and lien holders of the subject property, who have 14 days from the date of service to remedy the unsecured building. Staff requests that the City Council call a public hearing to be conducted on November 15, 2010, to assess the cost of securing the vacant building, in accordance with Minn. Stat, §463.21 The total amount proposed to be assessed to the parcel is as follows: Framing & rough carpentry; heat, vent & air conditioning temporary repairs: $1,474.70 Attorney fees: 270.00 Legal Notice publication: 54.00 Special Assessment Administrative Fee: 35.00 Dakota County Special Assessment Fee: 3.50 Other: 120.00 Interest computed thru 12/31/11 at 18% per annum: 391.44 Total Proposed Special Assessment: $2,348.64 Supporting Information O October 4, 2010 City Council Agenda Memo • Resolution Calling a Public Hearing on Proposed Assessment • Legal Notice to be published on October 21, 2010 in Dakota County Tribune Source: 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: A hearing shall be held on the 15 day of November, 2010, at the Lakeville Council Chambers, 20195 Holyoke Avenue, at 7 :00 p.m. to pass upon a proposed assessment to assess the costs of securing a vacant building located at 16108 Fairgreen Avenue and, at such time and place, all persons owning property affected by such assessment will be given an opportunity to be heard, 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 securing the property. Notice will also be mailed to the owner and lien holders of the parcel described in the assessment roll not less than two weeks prior to the hearing. ATTEST: APPROVED AND ADOPTED this 18 day of October, 2010. Charlene Friedges, City Clerk CITY OF LAKEVILLE Holly Dahl, Mayor TO WHOM IT MAY CONCERN: CITY OF LAKEVILLE, DAKOTA COUNTY, MINNESOTA NOTICE OF HEARING ON PROPOSED ASSESSMENTS NOTICE IS HEREBY GIVEN that the City Council will meet at 7:00 p.m. on November 15, 2010, at the City Council Chambers, 20195 Holyoke Avenue, Lakeville, Minnesota, to pass upon the proposed assessment for costs incurred as a result of securing property located at 16108 Fairgreen Avenue in Lakeville, Minnesota. The total amount to be specially assessed against the property is $2,348.64. The proposed assessment roll is on file for public inspection at the City Clerk's office, 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. 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 18 day of October, 2010. CITY OF LAKEVILLE BY: Charlene Friedges, City Clerk Proposed Actions Laketnae minonow October 1, 2010 Item No. Resolution Ordering Securing of a Vacant Building Staff recommends adoption of the following motion: Move to adopt a ordering the securing of a house located 16108 Fairgreen Avenue. Passage of this motion will result in the City's issuing an order to owner of the property at the above address to secure the structure within 14 days. Overview The City was called out to inspect the property located at 16108 on August 13 after the heavy rains that occurred earlier that morning and previous night, The City Building Official determined that a portion of the foundation wall had collapsed as a result of the heavy rains. Gas and electric services came into the structure at the approximate location of foundation wall failure and thus had to be disconnected. The owners were informed by the City Building Official that they could not occupy the home until the necessary repairs have been made. In subsequent conversations with homeowners, they have indicated that they will not be making any of the required repairs and have decided to let the house go back to the mortgage holder. The City has received complaints from neighbors that the home is unsecured. It is staffs recommendation that the home should be secured before winter. Minnesota Statutes require that the City Council adopt a resolution to authorize the issuance of an order that a vacant structure be secured. Upon delivery of the order, the owner of the structure has 14 days to secure the building. If the building is not secured, the City can have the building secured and have the cost assessed against the property. Primary issues to Consider • What are the consequences if the City does not require this home to be secured? The home will likely remain a safety hazard to this surrounding neighborhood. Supporting Information • Resolution authorizing the issuance of an order to secure the structure located at 16108 Fairgreen Avenue. David L. Olson Community & Economic Development Director Financial Impact: $ Est. $500 -$1000 Budgeted: YIN N Source: Contingency Fund