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CITY OF ELK RIVER RESOLUTION NO. 10 - 29 RESOLUTION DECLARING PUBLIC NUISANCE AND ORDERING ABATEMENT In the Matter of the Nuisance Located at 19545 Elgin Street N.W., Elk River, Minnesota 55330 and legally described as: Lot 5, Block 4, Windsor Oak Hill, Sherburne County, MN. WHEREAS, the property located at 19545 Elgin Street N.W., Elk River, Minnesota is in the jurisdictional boundary of the City of Elk River; and WHEREAS, the Code Enforcement Officer for the City of Elk River has determined that a public nuisance exists at the above subject property and has issued Notices of Violation and a Municipal Citation requiring abatement of said public nuisance by the property owner according to the City of Elk River Municipal Code; and WHEREAS, the property owner has failed to abate the public nuisance or request a hearing contesting the Code Enforcement Officer's determination of a public nuisance on the property; and WHEREAS, Section 46-31 of the City of Elk River Municipal Code states in part as follows: Sec.46-31. Generally. Whoever by act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (1) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public. WHEREAS, pursuant to Minn. Stat. § 412.221, Subds. 23 and 32; and Section 46-31 of the City of Elk River Municipal Code, the City Council of the City of Elk River finds the property located at 19545 Elgin Street N.W., Elk River, Minnesota to be a nuisance for the following reasons: 1. There exists a below ground pool that is not enclosed with a fence as required under Elk River City Ordinance 30-796(4).