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.^~/ <br />Elk REQUEST FOR ACTION <br />River <br />To Item Number <br />Ci Council 5.7. <br />Agenda Section Meeting Date Prepared by <br />Administration une 7, 2010 erem Barnhart, Plannin Mana er <br />Item Description Reviewed by <br />Resolution Declaring Public Nuisance and Ordering Abatement Lori ohnson, Ci Administrator <br />in the Matter of the Nuisance Located at 19545 Elgin Street NW Reviewed by <br />Action Requested <br />Council adoption of attached resolution declaring a public nuisance and ordering abatement in the matter <br />of the nuisance located at 19545 Elgin Street NW. <br />Summary <br />City staff, after receiving complaints, has had an ongoing code enforcement issue with the property <br />owner at 19545 Elgin Street NW that has failed to install a fence as required around an in ground pool. <br />City staff, in pursuing corrective action, treated this as an ordinance violation rather than a nuisance. An <br />ordinance violation results in a fine whereas a nuisance can be abated or result in a court order to compel <br />completion. <br />The property owner has ignored the most recent citation and did not appeal. <br />In speaking with the City Attorney Peter Beck, he suggested we treat this as a nuisance. Prosecuting <br />Attorney Scott Baumgartner suggests the following process. The Council is asked to concur with this <br />process: <br />1. Send property owner notice that the City intends to declare the property a public nuisance as <br />defined in Section 46-31 of the Ciry Code on June 21 <br />2. Council adopts a resolution declaring a public nuisance <br />3. The actions described in the resolution will be carried out <br />Neither Mr. Beck, Mr. Baumgartner, nor I will be at the meeting on Monday, therefore, Council is asked <br />to forward any questions in advance. <br />Attachments <br />• Narrative history <br />• Case file <br />• Resolution declaring a public nuisance and ordering abatement in the matter of the nuisance <br />located at 19545 Elgin Street NW <br />Action Motion by Second by Vote <br />C:\Documents and Setdngs\XPMUser\Loca1 Settings\Temporuy Internet Files\OLK6G\Pool resolution for enforcement 6-7-10.doc <br />