Memorandum

To adopt Resolution No. 26-74, approving the abatement of a public nuisances for the property located at 1649 Hillview Road.

The city council is being asked to order an abatement of public nuisances for property located at 1649 Hillview Road. The council has the authority to declare and abate nuisances on private property that do not comply with the city’s property maintenance standards.

This past year on July 20th, the city council approved the abatement of the tall grass and weeds on the property at 1649 Hillview. Since that time, city code enforcement staff found violations of parking location, outside storage, and refuse on the subject property.  The accumulation has also not allowed the tall grass and weed violations to be addressed due to the amount of refuse on the property. 

Listed below is the section of the code and the violations that have been documented:

• City Code Section 28-4 (1)- Outside storage: All materials and equipment must be stored in an approved fully enclosed structure.
• City Code Section 28-6 (a)  General Property Maintenance. All structures, buildings, fences, and landscaping must be maintained and kept
  in such a way to prevent unsightliness, health hazards, or unsafe conditions.
• City Code Section 32-2 Refuse Storage. All waste, debris, refuse or garbage must be kept in a closed, sanitary and orderly container intended for the storage of all refuse accumulated on the premises. 

Section 22-24 - Abatement Procedure

The conditions identified above are defined as a public nuisances in the City's Code. 

Abatement notices are served to the owner of the property by posting it or sending it to the property owner of record via mail. The notice specifies that the nuisance must be remedied within five (5) working days, and if that nuisance remains, the city council will hold a hearing to order the abatement of the nuisance. The notice also identifies the time and date of the hearing scheduled before the city council. The property owner has the right to appear at the hearing.

If the council orders the abatement, the city will abate the nuisance and the cost of the abatement, including administrative costs, will be charged to the property owner and certified against the property for collection with taxes if the bill is not paid. Staff has prepared Resolution 26-74, ordering the abatement of the public nuisance conditions, for consideration by the city council.

The Abatement Hearing Notice/Correction Notice has been mailed to the property owner, requiring the property be brought into compliance. If the abatement is ordered, the staff will work to correct the conditions.  The cost of correcting the public nuisance condition will be recovered by the city either by a lien against the property, by obtaining a judgment against the owner, or by special assessment.

Included with this report is a resolution to order the abatement of the nuisances on the property at 1649 Hillview Road and documentation showing photographs of the property. 

The property owner has been notified on numerous occasions regarding the code violations.  Staff recommends that the city council conduct the required hearing and adopt Resolution No. 26-74, approving the abatement of the nuisances at 1649 Hillview Road The order specifies the corrections required to bring the property into compliance with the city's Property Maintenance Codes and would permit the city to abate the conditions. If the council approves the motion, staff will move forward with abatement of the nuisance conditions.