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Home My WebLink About1017 Ord (Problem Property) ORDINANCE NO.: 1017 AN ORDINANCE CREATING AN OVERALL ENFORCEMENT STRATEGY FOR THE CONTROL AND ELIMINATION OF PROBLEM PROPERTY The City Council of the City of Stillwater does ordain: 1. PURPOSE. The purpose of this Ordinance is to protect the health, safety and welfare of the City at large and the residents of problem properties and their immediate neighbors. The regulation of problem properties is also necessary to ensure that housing is decent, safe and sanitary, and is maintained in a manner that does not measurably lessen the market value of properties nearby. Problem Properties create problems for the City and its neighborhoods which, if not corrected, will lead to neighborhood and community decline. In order to focus the limited resources of the City on Problem Properties there is hereby created a Problem Properties List. All properties listed on the Problem Properties List are subject to the requirements of this Ordinance. 2. A. VIOLATIONS as used in this ordinance means the violation of any provision of the city code, or the statutes of the State of Minnesota for which the penalty is a fine or jail or both. B. PROBLEMS as used in this ordinance means chronic traffic congestion, noisy or late night parties or gatherings that disturb the repose of neighboring property owners, excessive or unreasonable amounts of otherwise lawful parking that causes the unsafe narrowing of traffic lanes and which parking is caused by crowds associated with parties or social gatherings; abusive or threatening language or gestures by residents of the property directed at adjacent or neighboring property owners; a property that is the location of gatherings of juveniles and residents or guests have received citations for underage consumption or the owner of the property has received a citation for allowing or aiding or abetting juvenile consumption; a property that has been allowed to physically deteriorate and has not been maintained and the neglect has measurably lessened the market value of nearby property in the opinion of an appraiser hired by the City for that purpose. 3. A property must be listed if the following conditions are present: A. The Problems or Violations on the property are serious, that is, founded and substantial. B. The Problems or Violations are and have been enduring in that at least three founded and substantial problems or violations have occurred on the property within an 18 month period, or substantial problems have remained unabated 90 days after notice and an opportunity to cure has been mailed to the registered owner. C. The Problems or Violations adversely affect the neighborhood or the community as a whole. 4. The determination of placement on the List will be made by the City Administrator after consultation with the Community Development Director, the Police Chief and the City Attorney. Written notice of this decision must be mailed to the registered owner of the property within ten (10) days of a decision to list a property. The decision of the City Administrator may be appealed to the City Council as otherwise provided in the City Code. The pending appeal will stay the listing until a decision is made on the appeal by the City Council. 5. Within thirty (30) days of notice of being listed, a Problem Property License from the City must be obtained by the owner of the property, issued by the City Administrator or their designee, after receipt of an application for License on a form developed for that purpose; an inspection of the property and the establishment of conditions on the License as required for the correction of problem conditions and payment of an annual License fee as established by the City Council from time to time by resolution. The License fee must be set in an amount of the total estimated cost of enforcement for a period of one year, however, in no event may the License fee be less than $1,500 per year. 6. As long as the property is on the List, the property owner must pay the annual fee for the License explained in Paragraph 5. A property must be removed from the List following a period of 24 months without founded or substantial problems or violations occurring on the property. 7. The License must be recorded with the County Recorder and will run with and bind the land and be enforceable against subsequent owners, assignees or transferees, and the existence of the license must be disclosed by an owner to any potential purchaser of the property. 8. Any unpaid License fee, or other City costs of enforcement and monitoring of the property or the License that are incurred by the City in excess of the amount of the License fee actually paid, may be certified by the City to Washington County as a service charge for collection with the real estate taxes. Notice of the proposed certification with notice of the right to be heard must be mailed to the record owner of the property ten (10) days before the City Council takes action to certify the charges. 9. Violations. The operation of a property listed on the List without a license, or the use of a property on the List in violation of a condition of a License by the owner or occupant, is a misdemeanor. 10. SAVING. In all other ways the Code will remain in full force and effect. 11. EFFECTIVE DATE. This Ordinance will be in full force and effect from and after its passage and publication according to law. -2- Adopted by the City Council of the City of Stillwater this 20th day of April, 2010. By ��- arycki, Mayor ATTEST: /( Diane F. Ward, City Clerk - 3 - AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON City of'Stillwater Stillwater Gazette April 22, 2010 ,; . Julie Athey, ORDINANCE NO.: 1017 _ being duly sworn on oath, says: that she is, .: AN ORDINANCE CREATING An OVERgaigkr-octement sr€RaTEGV and during all times herein states has been, FOR THE CONTROL AND ELIMINATON OFPRoiLtki PROPERTY Clerk of Sun Newspapers The City Council of the City of Stillwater does oltfain ` Publisher of the newspaper known as the 1. PURPOSE. The purpose of this Ordinance is'to protect the health, Stillwater Gazette, a newspaper of safety and ,welfare of the ,City at and the residents of problem general circulation within the City of properties and their immediate"na' j�t' The iegi dfirfn of problem g properties is also necessarxto ensure that housing is decent safe and Stillwater and the County of Washington. s 1Y ? 8'ikrlf It t19%,6 r 240. y tessera the market value of properties nearby. Problem Properties cre- That the notice hereto attached was cut from ate problems for the o and its neighborhoods which, t not corrected, will lead to neighborhood and community decline: In order to focus the limited resources of the City on Problem Properties there is hereby cre- the columns of said newspaper and was ated a Problem Properties List. All properties listed on the Problem printed and published therein on the Properties List are subject to theseaak of this ordinance. following date(s): 2. A. VIOLATIONS: as. used iii VMS f�itfiitanoe meal s violation of any provision of the city code, or the statutes of the State of Minnesota for wrtrioh^the panaltttsDYa l nil Err bra : B. PROBLEMS as used in this ordiif#hF.ern dftiohitY f(dao'9ein- 22n o April 2010 gestion, noisy or late night parties or gatherings that disturb the Newspaper Ref. /Ad #984569 repose of neighboring property owners, excessive or unreason- able amounts of otherwise lawful parldng trat causes tie unsay �` narrowing of traffic lanes and which parldah fscarusedlbycrowds / associated with parties or Social gatherings abi,L§tve o r threaten— ing language or gestures by residents of the property diretdat adjacent or neighboring property owners; a property that is the location of gatherings of juveniles and residents or guests have received citations for underage consumption or the owner of the property has received a citation for allowing or aiding or abetting Subscribed and sworn to before me this juvenile consumption; a property that has been allowed to physi- cally deteriorate and has not been maintained and the neglect 22 day of April 2010 has measurably lessened the market value of nearby property in the opinion of an appraiser hired by the City for that purpose. ark ,✓ �- _ 3. A property must be listed B ed if the following conditions are present: �.,. A. The Problems or Violations on the property are serious, that is, founded and substantial. NOTARY PUBLIC B. The Problems or Violations are and have beers enduringlntrat'at least three foundedanct.subattetialpreblethapt Vielstems have occurred on the property within an 18 month'peifod,'drsubstan- Washington County, Minnesota tial ; problems have remained unabated 90: days alb notice and an opportunity to cure has been mailed to the registered trarnet {, ,S, My commission expires January 31, 2011 C. The Problems -cx Violatiord:a ereely.affeet itle netghbbrheed or the comrnun'ttyasawhote'.; • 4. The determination of placement-onihe List will InCtrtarht by fherVIty Administrator after consultation with the Community Oevetoprfretrt Director, the Police Chief and the Gity Attorney Written notice of this decision must be mailed to the registered owner of the property within . ten (10) days of a decision to list property. The decision of the City Administrator may be appealed to the City Council as otherwise -pro- vided in. the City Code. The pending appeal will stay the listing until a decision is made on the appeal b y the City Council. ; d i ¢ � MAR EDWARD P . A 5. Within thirty (30) days of notice of being listed, a Problem Property T A P PUBLIC B t i C Y License from the City must be obtained by the owner of the property, ' , r N r T A Y rSTA issued by the Gity Administrator ortheirdeaa ignee after receipt of an (r a r r 1 7 „0 > p.. s , Jan. 31. 2011' application for License on a form developed -for that purpose; an - — inspection of the property and the establishment of conditions on the License as required for the correction of problem conditions and pay- ment of an annual License fee as established by the City Council from time to time by resolution. The License fee must be set in an amount of the total estimated cost of enforcement for a period of one year, however, in no event, may the License fee be less than $1,500 per year. 6. As long as the proper) yison ,theListsthepropertyewner. .pay annual fRe for the License explained m Paregraph-5. A be removed from the List following a period of 24 months without found - ed or substantial problems or violations occurring on the property. 7. The License must be recorded with the County RepordenandslIttun with and h nd the land and 4aanfairseala4 eta sub mt a wners, assignees or transtereee,;andthe existence,of ttrat _ipipnsse must be - ctosed,by an (*nor fa any PetantalPVIchaaWaf U prgper't 8.. Any unpaid t-tcense,fee or othler Ct1+R0•319 of pemerlt andr coact- ing of the property or the L ease that arc 1ncurreaay City n of the amount of the License fee actually paid,` may be cerillSd by the City to Washington County as a service charge for collection With the teat estate taxes. Notice of the proposed certlflcaton with n Of Use right to be heard must be mailed to the recorder/het—of ttirspfaperty ten (10) days before the City Council takes action to certify the charges. 9. Violations. The operation of a property listed on the List without a license, or the use of a property on the List in violation of a condition of a License by the owner or occupant, is a misdemeanor. 10. SAVING. In all other ways the Code will remain in full force and effect. 11. EFFECTIVE DATE. This Ordinance will be in full- foroe acrd effect from and after its passage and publication according to taW. Adopted by the Gity Council of the City- of Stillwater this 20th day of April, 2010. By ts/ Ken Harycki Ken 'Harycki, Mayor.. /s/ Diane F. Ward • . Pi .r , Citay Clerk (Aor. 22. 2010) C” • 'r i 1117