Minutes - Council - 05/11/2021 - Laserfiche WebLink

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Councilmember Musgrove asked if the abatement occurs would there be testing and whether the property owner would then be responsible for cleanup. Senior Planner McGuire Brigl commented that before and after photos are taken but testing is not completed. She stated that if there was an active oil leak noticed or the condition was bad, the photos could be sent to the MPCA. She stated that the item could come back to the Council if the condition is poor. Councilmember Musgrove commented that she would want to ensure the current property owner is held liable rather than the City or future property owner. Councilmember Heineman asked if the letters are sent via certified mail. He noted that this would be a substantial cost and would want to ensure they were received. Senior Planner McGuire Brigl commented that the letters are sent via regular mail and have not been returned. She stated that if desired, the abatement letter could be sent via certified mail or delivered to the property. She stated that the abatement letter would provide 14 days for the applicant to clean up the property on their own. Deputy City Administrator Gladhill provided context on the code enforcement process and how it has evolved. He noted that a prior method of gaming the system was for residents to reject the certified letter, which drug out the code enforcement process. He stated that the abatement notice could be mailed both ways and posted at the property. Councilmember Heineman asked if a rejected letter would serve as proof that the City attempted service. Deputy City Administrator Gladhill commented that he did not recall as it has been quite some time since a certified letter was sent. He stated that the City attempts to avoid gray area in the instance a case proceeds to court. Councilmember Heineman commented that this will be an expensive process and therefore wants to ensure that all attempts at effort are made. Senior Planner McGuire Brigl commented that the City is not charged for towing service. Motion by Councilmember Howell, seconded by Councilmember Musgrove, to Adopt Resolution nd #21-115 Approving Hiring Contractors to Abate Public Nuisance Items from 7471 152 Avenue NW. A roll call vote was performed: Councilmember Heineman aye Councilmember Woestehoff aye Councilmember Specht aye City Council / May 11, 2021 Page 18 of 20