THE CITY OF MONTICELLO, IOWA
RESOLUTION #11-155
Resolution setting out intent to demolish structures located on the property commonly known as 301 E. 3rd Street, Monticello, IA 52310.
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
WHEREAS, The City Council has reviewed the condition of the structures located on the property commonly known as 301 E. 3rd Street, Monticello, IA 52310 since late May, 2011, and
WHEREAS, The City Administrator has informed the owner of the property located at 301 E. 3rd Street, Monticello, Iowa of the violations of Chapter 50 “Nuisances”, Chapter 145 “Dangerous Buildings”, and Chapter 153 “Property Maintenance”, all part of the Monticello Code of Ordinances, by certified mailings 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 and August 24, 2011, after which the owner arranged for workers to clear the home, garage, and yard of debris, but have totally failed to address the derelict condition of the home as laid out and explained within the aforementioned correspondence, and as discussed during the phone conversations referred to above, and
WHEREAS, The Council has previously made findings that the condition of the property was in violation of multiple Monticello Code of Ordinance sections, and based thereon, previously directed the City Administrator to file and pursue civil penalties against the owner in an effort to spur code compliance, and
WHEREAS, the City Council has been informed that the owner failed to appear for the civil citation initial appearance and further failed to appear for the hearing on the civil citation, and
WHEREAS, the City Council reaffirms its’ prior findings that the property is in violation of Chapters 50, 145, and 153 of the Monticello Code of Ordinances for the reasons stated in the City Administrator’s letters to the owner dated 6/1 and 8/9, 2011 as re-alleged in the civil citation forwarded to the owner on 8/23/2011 on which a hearing was held on November 2, 2011, and finds that the owner has taken no steps to address the condition of the structures and property but for the removal of items/junk/etc. from the property and surround grounds, and further finds that the home is no longer served by any operational utilities, and
WHEREAS, pursuant to Chapters 145 and 153 the primary building (house) was posted as being unsafe to occupy on 8/9/2011, and
WHEREAS, pursuant to §145.07 of the Monticello Code of Ordinances, the City has the right to demolish the structures deemed unsafe when the owner fails, neglects, or refuses to comply with the notice to repair, rehabilitate, demolish or remove the building or structure, and
WHEREAS, pursuant to §153.07, the City is further authorized to take steps to abate nuisances/violations of Chapter 153, and
WHEREAS, Chapter 50 of the Monticello Code also provides for the abatement of nuisances by directive of the City Administrator, under some circumstances without first giving notice to the owner, and
WHEREAS, the City Council finds that the owner, Nationwide Advantage Mortgage Company, has received many notices, demands for action, opportunities for public hearing, and warnings that the City may pursue the demolition of this property, and has taken little to no action to deal with and/or address said demands, the Council finds that the demolition of the structures located on the property commonly known as 301 E. 3rd Street, Monticello, Iowa, should be scheduled for the timeframe of November 15-18, 2011, with the understanding that the Council may reconsider the demolition of the structures, if the owner requests and appears for a public hearing before the City Council on November 14, 2011 and presents evidence, satisfactory to the Council, that the property should not be immediately demolished.
NOW THEREFORE BE IT RESOLVED by the City of Monticello, through its’ City Council, in session this 7th day of November, 2011, that the City Administrator take steps to plan for the demolition of the structures located on the property commonly known as 301 E 3rd Street, said demolition to include the removal of all structures, foundations, concrete, etc. on said lot but for the sidewalks located in the ROW, and that any and all fill necessary to fill any voids in the lot created by the removal of the structures as provided and that the lot be leveled so as to not be left in a dangerous condition for children, people passing by or others that may be on the property, and that demolition proceed between November 15-18, 2011 unless the Owner requests a public hearing with the City Council as previously outlined herein, the hearing is held, and the Council directs the City Administrator to not move forward with the planned demolition.
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 7th day of November, 2011.
John Sauser, Mayor Pro Tem
Attest:
Sally Hinrichsen, City Clerk