ITEM: 10.5 CONSENT AGENDA- Bob Fiske, Community Standards Director
SECOND READING
Title
AN ORDINANCE AMENDING CHAPTER 90, ARTICLE II - WEEDS AND TALL GRASS, SECTION 90-36 - ASSESSMENT OF ABATEMENT COST
Background
During the summer of 2011 enforcement period for Grass/Tall Weed complaints, a property owner filed action in court protesting the costs that were assessed to his property as a result of the City's efforts to bring the property into compliance. While the judge found in favor of the city for the costs of the contractor, the judge ordered the City to reimburse the homeowner the 8% fee that the City assesses for inspection and administrative fees, as it was determined that there was not clear authorization for the City to collect these fees under the current ordinance. It is also staff's opinion that the 8% previously charged to property owners is not sufficient to cover the City's costs in enforcing the ordinance.
Schedule of Actions
Council Workshop |
03/01/12 |
City Council (First Reading) |
03/15/12 |
City Council (Second Reading) |
04/05/12 |
Recommendation
By motion Approve the Ordinance.
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
Sec. 90-36. - Assessment of abatement cost.
If such person fails to comply with the notice to abate within the time frame set forth in the notice, the city manager or authorized representative, shall have the nuisance cut and removed or otherwise eradicated. A record showing the cost of such work attributable to each separate lot or parcel shall be delivered to the city clerk. Notice in writing of the work done and the costs and expenses involved incurred, including the administration fee to be imposed pursuant to the fee schedule adopted by the council, shall be served on the owner, lessee or occupant of the property, in accordance with the service requirements of this article. Such notice shall indicate that if the total amount is not paid to the city within 30 days of service of the notice, the amount of the costs and expenses incurred, along with the administration fee a penalty of eight percent, shall be certified to the county auditor on or about October 1 of each year and shall be collected in the same manner as other taxes are collected.
INTRODUCED AND READ in full the 15th day of March, 2012.
PASSED by the City Council of the City of Blaine this 5th day of April, 2012.