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WHEREAS, on May 29, 2020 a second Legal Letter was sent to the Subject Property owner <br />by the Elk River City Prosecutor, giving the owner ten (10) days within which to contact the City staff <br />to remedy the ongoing City Code violations; and <br />WHEREAS, on June 18, 2020 additional follow up inspections of the Subject Property revealed <br />continuing and ongoing City Code violations; and <br />WHEREAS, on June 26, 2020 a citation was issued to the Subject Property owner for the <br />following City Code violations: <br />30-124 (d)(8) — Inoperable vehicles <br />30-934 (a)(2) — Property maintenance <br />30-934 (a)(3) — Parking on grass <br />46-34 (a)(2) — Inoperable vehicles, junk, junk vehicles, debris, and unlicensed vehicles <br />46-34 (a)(5) — Outside storage of construction materials in excess of 1 % of the total area <br />R <br />WHEREAS, on March 5, 2021 follow up inspections revealed continuing and ongoing City <br />Code violations; and <br />WHEREAS, as of March 30, 2021, the Subject Property owner failed to pay the citation or <br />request a hearing date. As a result, all violations were certified as convictions and the fines were sent to <br />collections; and <br />WHEREAS, on April 12, 2021 a second citation was issued to the Subject Property owner for <br />the following City Code violations: <br />30-124 (d)(8) — Inoperable vehicles <br />30-934 (a)(2) — Property maintenance <br />30-934 (a)(3) — Parking on grass <br />46-34 (a)(2) — Inoperable vehicles, junk, junk vehicles, debris, and unlicensed vehicles <br />46-34 (a)(5) — Outside storage of construction materials in excess of 1% of the total area <br />WHEREAS, as of November 15, 2021, fines associated with the aforementioned citations <br />remained unpaid; and <br />WHEREAS, it has been determined by City Council, as stated by City Code Chapter 46, <br />Article II, Section 46-34 (a) (4), that the depositing of garbage, trash, rubbish, bottles, cans and <br />other refuse on a public right-of-way or on private property shall be declared a nuisance affecting <br />public peace and safety; and <br />WHEREAS, it has been determined by City Council, as stated by City Code Chapter 46, <br />Article 11, Section 46-32 (a) (5), that the accumulations of manure, rubbish, tin cans or other debris <br />shall be declared a nuisance affecting public health; and <br />WHEREAS, the Subject Property meets the definition of a hazardous property as defined <br />by Minnesota Statute 463.15 Subdivision 3, as follows: <br />M. S. 463.15 DEFINITIONS <br />Subd. 3. Hazardous building or hazardous property. <br />