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RES 21-90
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RES 21-90
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1/4/2022 12:40:32 PM
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City Government
type
RES
date
12/6/2021
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H. Now, Property Owner seeks additional time to remediate the nuisances found on <br />the Subject Property. Property Owner also wants the City to stay litigation in order to avoid <br />incurring litigation expenses, which would ultimately be assessed to the Subject Property. In <br />exchange, the Property Owner asks the City to enter into this Consent Decree and the other <br />Agreements found in this document. <br />CONSENT DECREE <br />NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL <br />COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: <br />A. Property Owner shall remediate all the nuisances found on the Subject Property <br />on or before Neven*w 3, 2921 Those remedial measures are detailed in Exhibit A. The rights <br />and responsibilities set fort&* this agreement shall be limited to those remedial measures <br />detailed in Exhibit A. \ 4 <br />April 1, 2022----- I---- <br />B. The City Building Official, or his desin e, will inspect and judge whether <br />nuisance conditions on the Subject Property comply with City Ordinances, the State Building <br />Code, or any other applicable law or regulation. It shall be his decision, and his decision alone, <br />which shall govern the decision as to whether conditions on the Subject Property comply with <br />applicable law or regulation. <br />C. If the Building Official determines that the conditions on the Subject Property do <br />not comply with applicable law and regulation by the deadline stated above, Property Owner <br />grants the City permission, in the form of a license, to enter the Subject Property to inspect or <br />remediate nuisance conditions found on the Property. This license shall last for a period of one <br />year beginning the day after the deadlineFa�il. <br />.This license shall allow the City <br />to enter the property for the purpose oftion or remediation upon twenty-four (24) hour <br />notice by telephone, email, or first-classThis license authorizes the City to remediate the <br />issues detailed iii Exhibit A. (JkL 11�ZZ ��q <br />D. The Property Owner acknowledges and agrees to reimburse"t�he City for the cost <br />of the remediation or repair, and other associated costs such as Staff time or legal fees and costs. <br />In the event that this amount is not paid within thirty -days from the date an invoice is tendered, <br />Property Owner agrees that the City may apply this amount as a special assessment to the <br />Subject Property, as set forth below. <br />E. Property Owner acknowledges that he grants the rights and concessions to the <br />City herein knowing that they have certain legal rights as set forth throughout ti-i s document and <br />as set forth at Iaw. Property Owner agrees to waive his legal rights upon entering into this <br />Consent Decree and Agreement. The City encourages Property Owner to seek advice from <br />independent legal counsel to review and understand his legal rights and the contents of this <br />document. By signing this document, Property Owner indicates he has had adequate time to <br />consult with legal counsel and has decided to waive his legal rights. These legal rights include <br />but are not limited to everything discussed in this document. In particular, Property Owner <br />waives the following: <br />-2- <br />
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