The City of Monticello, Iowa

IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA

RESOLUTION #10-149

Resolution finding existing of violations of Nuisance and Dangerous Building Ordinances at property located at 402 N. Cedar Street, Monticello, Iowa, and further finding the condition of the property to have been an ongoing violation, that the condition justifies the finding of an “emergency”, that repeated efforts to seek abatement by the property owner(s) have been unsuccessful, and therefore authorizing the City Administrator to take immediate steps to abate the continuing nuisance.

WHEREAS, The Council hereby makes the following findings of fact with regard to the property located at 402 N. Cedar Street, Monticello, Iowa:

1. It has been in the process of demolition for approximately one year.

2. That numerous letters have been sent from the City to the property owner(s) with a Notice to Abate under Chapters 50, 145, and 153 of the Monticello Code of Ordinances without complete and /or adequate efforts or results from the property owners, and

3. That the home on the property was knocked down and has since remained in a state of demolition debris piled on the property where it fell in excess of three (3) months with insufficient efforts being made to clear the property of debris and to fill the hole (basement) that will remain once the debris has been cleared, and

4. That the property has been and continues to be in violation of Chapter 50 Nuisances, Chapter 145 Dangerous Buildings, and Chapter 153 Property Maintenance, and

5. That the property is a public nuisance under the generally understood definition of an “attractive nuisance” and poses regular and immediate threats to children that may stray into the property to investigate the site, and

6. That the property has been and continues to be susceptible to housing stray animals and other rodents and vermin, and

7. That the condition of the property is contributing to the creation of a blighted appearance and adversely affecting the neighborhood.

-and-

WHEREAS, Based upon the above findings it is clear to the Council that the Nuisance and dangerous conditions of the property as generally outlined in the Notice to Abate and as laid out herein justify and demand the immediate attention of the City and further find that said action must be the immediate clearing of debris from the property and filling of the basement with appropriate dirt fill, that not doing so would put the community at continued risk of not only a dangerous site but a site that will create a condition of slum and blight within that area of the community.

NOW, THEREFORE, BE IT RESOLVED that the City Administrator is directed to see to the immediate abatement of the nuisance created and ongoing at the property located at 402 N. Cedar Street, Monticello, Iowa and to either enter into a voluntary payment agreement with the property owner that will bring about full reimbursement to the City or in the alternative to assess all costs related to the abatement to the property to be collected in the same manner as a property tax.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the City of Monticello, Iowa to be affixed hereto. Done this 6th day of December, 2010.

John Sauser, Mayor Pro Tem

Attest:

Sally Hinrichsen, Monticello City Clerk