Agenda - Council Work Session - 05/11/2010

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~~ CITY COUNCIL WORK SESSION Topic Report: Abatement Update and Update on 15415 Saint Francis Blvd. (Ken Niles property, d.b.a. Ken's 4x4) By: Amber G. Miller, Planning Manager; Jim Way, Police Chief Background: In August 2007, the City implemented a new abatement process that enables City Staff and its contractors to enter a property and remedy code violations. In November of 2008 the process was amended to add an escalating scale for fines that Council and Staff hoped would be a disincentive to keep property owners from becoming repeat offenders. Additionally, language was added to include a filing fee for an administrative hearing and a few other minor items to help increase the functionality of the ordinance. Since that time, the process has been working well. Observations: In 2007, the-City performed ten (10) abatements at a cost of $21,784.18. In 2008, the City performed fifty-five (55) abatements at a cost of $34,186.06. In 2009, the City performed nine (9) abatements at a cost of $7,880.81. What is represented. above is the actual cost incurred by the City. Additional costs by attorneys, hearings, and any other fees are added in with the additional 25% percent when it is assessed to the property. All three years' spreadsheets are attached for your review. In addition to the background above, Staff is currently working with the property at 15415 Saint Francis Blvd., which is probably one of the more challenging sites Staff has worked on. Initially Staff sent a letter to the property owner in September of 2009. This letter informed the property owner they did not have a current City license and had lost their standing as a legal non- conforming use on grounds of intent to abandon. Mr. Niles called City Clerk Thieling in 2006 and stated he would no longer be running his business and did not intend to renew his license. According to MN Stat. 462.357 Subd. le. except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including unless: the nonconformity or occupancy is discontinued for a period of more than one year. Based on Mr. Niles' intent to abandon, the use was discontinued for more than one (1) year. This letter was