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2. The purpose of requiring fencing around below ground pools is to protect small <br />children who may be attracted to, and wander into, the pool unsupervised. <br />3. The existence of a below ground pool without proper fencing creates a condition <br />which endangers the safety of the public, especially small children who may be <br />attracted to the pool. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF ELK RIVER, MINNESOTA, AS FOLLOWS: <br />1. That pursuant to the foregoing findings and in accordance with Minn. Stat. <br />§412.221, Subds. 23 and 32; and Section 46-31 of the City of Elk River <br />Municipal Code, the Council orders the record owners of the above nuisance <br />property, or their representatives, to make the following corrections on the <br />property located at 19545 Elgin Street N.W., Elk River, Minnesota: <br />a. Enclose the below ground pool at said address with a fence that is a <br />minimum four feet high and includes lockable gates. The fence shall be <br />chain link, vertical pickets or solid. Spaces between the bottom of the <br />fence and the ground or between the pickets shall not exceed four inches. <br />2. That the repairs listed above must all be made within 20 days after the order is <br />served upon the property owner. The repairs must be completed in compliance <br />with all applicable codes and regulations and done pursuant to proper permits <br />from the City. <br />3. That unless corrective action is taken or an answer filed within 20 days from the <br />date of service of this order upon the owner of record and all lienholders of <br />record, a motion for summary enforcement of this order will be made to the <br />Sherburne County District Court. <br />4. That if the City is compelled to take any corrective action herein, all necessary <br />costs expended by the City will be assessed against the real estate concerned and <br />collected in accordance with Minnesota statutes. <br />5. That the City Administrator, or her designee, is authorized and directed to take <br />such action, prepare, sign and serve such papers as are necessary to comply with <br />the abatement order and to assess the cost thereof against the real estate described <br />above for collection along with taxes. <br />6. That the City Attorney is authorized to serve this order upon the owner of the <br />premises at 19545 Elgin Street N.W., Elk River, Minnesota and all lien-holders of <br />record. <br />7. That the City Attorney is authorized to proceed with the enforcement of this <br />order. <br />2 <br />