THE CITY OF MONTICELLO, IOWA
RESOLUTION #11-115
Resolution finding and declaring the property at 301 East 3rd Street to be a Nuisance, Dangerous, and Dilapidated Building in violation of Chapters 50, 145, and 153 of the Monticello Code of Ordinances and direct action based thereon.
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
WHEREAS, The City Administrator is ultimately responsible for the enforcement of Chapter 50 “Nuisances..”, Chapter 145 “Dangerous Buildings”, and Chapter 153 “Property Maintenance”, all part of the Monticello Code of Ordinances, and
WHEREAS, The City Administrator has informed the owner of property located at 301 3rd Street, Monticello, Iowa of the violations of those Chapters by Certified mailing on June 1, 2011 and August 9, 2011, respectively, and has discussed the violations with a representative of the owner by phone on or about June 3, 2011 after which the owner arranged for workers that cleared the home, garage, and yard of debris, but have not yet addressed any of the deficiencies of the building or accessory structures, and
WHEREAS, The City Administrator’s letter to the owner of August 9th, advised the owner that a public hearing would be held on August 15th shortly after 6:00 during the regularly scheduled City Council meeting and that the owner could offer input at that time, and
WHEREAS, the City Council having heard from the City Administrator in regard to the condition of the property finds that the condition of the property is in violation of Chapters 50, 145, and 153 for the following reasons:
1. Chapter 50: In very General Terms the condition of the property is a nuisance. In particular, the condition of the structure violates §50.05(5) “Exterior of Residential Structures” in that construction has not been completed of exterior within 360 days of commencement. (windows/siding replacement associated therewith)
2. Chapter 145: §145.02, 145.03(1), (3) – (11). In general terms the structures and the surfacing on said structures are in poor condition and dilapidated in nature. There is missing siding around replacement windows, the garage door is broken and inoperable, there is broken window glass, doors are in poor condition, and the interior of the home is missing load bearing walls, and wiring has been left incomplete in an unsafe manner, and the building is in general a public nuisance.
3. Chapter 153: §153.05(1), (3) – (6), (8), and (9). In general, the condition of the structures are dilapidated, uncovered with protective coatings, siding is missing in locations, some foundation damage and likely leaking is evident with cracks and holes in the foundation.
And
WHEREAS, the City Council finds that the smaller accessory structure located near the rear of the property is in such disrepair that it poses an imminent threat to anyone that may enter, specifically a child, and same represents a public nuisance and must be immediately abated with the costs related thereto to be assessed against the property, and
WHEREAS, the City Council finds that the owner should be cited with a Civil Infraction for the violations of Chapters 50, 145, and 153 related to the home and the garage, as a first step, in an effort to spur action by the owner, before the City moves forward with demolition of the structure, and finds that the City Administrator should issue a Civil Infraction Citation as permitted by Chapter 4 of the Code of Ordinances, levying a penalty of $500.00 from and including the date of August 16th, 2011 forward until such time as the violations have been dealt with in such a manner as to be brought into compliance with Chapters 50, 145, and 153 of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED by the City of Monticello, through its’ City Council, in session this 15th day of August, 2011, that the property located at 301 3rd Street, Monticello, IA is hereby declared to be in violation of Chapter 50, 145, and 153, for the reasons set out herein. The City Administrator is hereby directed to see to the demolition of the small accessory building located at the rear of the property and to have the costs related thereto immediately assessed against the property, and is further directed to issue a Civil Citation / Municipal Infraction to the owner for the reasons previously set out herein at the rate of $500.00 per day and to take steps to obtain a judgment and to enforce said Citation as may be required by law.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal for the City of Monticello, Iowa to be affixed. Done this 15th day of August, 2011.
John Sauser, Mayor Pro Tem
Attest:
Sally Hinrichsen, City Clerk