Minutes - Council - 09/26/2023 - Laserfiche WebLink

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attempts to contact Mr. Lemke; however, the phone numbers that he has have been disconnected. He stated that the fines that they received had been torn up as the penalty came after there was a signed document received from Mr. Scherrer that he would have everything repaired over a two week timeframe; however, all of this fell through and none of the timelines were met. He noted that the letter sent was dated July 24, 2023 and Mr. Scherrer was given until September 1, 2023 and none of the tasks were completed during this timeframe. He added that Mr. Scherrer was not given permits for this work as he is not the homeowner that lived on site to do this work. Mr. Scherrer stated that the permits were given to him and then he was told he could not do any of the work. He noted that he had to stop his work as Zoning Code Enforcement Officer Swalchick said that he could not. He shared that their goal is to be able to move back into this house and live there once complete. He apologized to the neighbors for the condition of the property. He noted that he needs to be on the property to protect it. He shared that he has purchased deer cameras so that he will be notified if someone is on the property. He noted that he has the time now to complete the home. Councilmember Woestehoff asked about the process in the abatement and what this timeframe would look like. Zoning Code Enforcement Officer Swalchick explained that the first goal would be to secure the property. He noted that they were working with Mr. Scherrer to bring the home into compliance. He stated that with the abatement they would look to board up the home immediately as it is a hazardous structure. He noted that there is a 20-30 day window regarding legal action. City Attorney Knaak stated that he has worked on quite a few of these abatements and only a few times did they result in the home being raised over the objection of the homeowner. He noted that there is usually some kind of resolution. He stated that if the resolution is passed this evening it would initiate the legal process that gives the authority to raise the home. He added that this resolution would also be taken as if it were a complaint and it is served on the homeowner giving them 20 days to answer before the process goes through the civil courts. He noted that if they do not respond within the 20 days, they can go in and get a court order to raise the home. He said that if they do respond, it is like any other case that will be tried. He stated that this rarely happens. He noted that in a lot of these cases negotiations will take place. He said that the City has the leverage in this case to be able to tear this home down. He explained that there are a variety of outcomes that could come from this. Councilmember Specht shared that he is sympathetic towards the owners for the struggles that they have gone through; however, the Council needs to focus on the safety of the community. Motion by Councilmember Specht, seconded by Councilmember Riley, to Adopt Resolution 423- 215 Approving Abatement Proceedings and Further Administrative Court Action for Removal of a Hazardous Building located at 15740 Ramsey Blvd. Motion carried. Voting Yes: Mayor Kuzma, Councilmembers Specht, Riley, Howell, Musgrove, Olson, and Woestehof£ Voting No: None. City Council/ September 26, 2023 Page 12 of 16