Discuss Lawful, Non-Conforming Status and Potential Enforcement Action for 15415 St. Francis Blvd NW

Purpose

The purpose of this case is to outline a work plan to achieve compliance with local zoning and public nuisance codes. This business pre-dates some current regulations. However, the use appears to have expanded beyond protections in these situations. By approving the plan for enforcement moving forward, Staff can more quickly ensure compliance or escalate the case to court/abatement if needed. Court settings and abatement are the last resort, and Staff will check with Council again before moving forward with these steps. Staff is hopeful having the backing of the City Council will improve the chances of successful compliance without these tools.  

Background

Ken's 4x4 on Highway 47 was in operation prior to the City's incorporation as a City and formal zoning code adoption. Due to this, the site does have some lawful, non-conforming areas where auto repair and potentially auto sales are allowed. Anything that existed lawfully when regulations were created or changed are protected by State Statute and City Code as lawful, non-conforming uses and standards. Expansion of a lawful, non-conforming use requires approval by the City, typically via a Conditional Use Permit (CUP), if allowed by the underlying district.

The City has responded to ordinance complaints against the property off and on for the past several years. Compliance is typically achieved; however, the business often falls back out of compliance with City Code and lawful, non-conforming protection. Based on complaints from 2017 and 2018, Staff believes that the use has expanded beyond its lawful, non-conforming protection. Part of the resolution tonight formally acknowledges the lawful, non-conforming area for repair. Staff has researched the property via aerial photos to determine this area. In recent years, the site has expanded well beyond that boundary, and based on Anoka County Pictometry and views from Highway 47, Staff believes there to be numerous vehicles hidden in the woods, including cannibalized and junk vehicles. There are also U-Hauls on the site, which is a rental business that did not exist when the company first went into business. This use is not protected by lawful, non-conforming protections.

Staff believes that the following violations are onsite: junk vehicles, parking on the grass, illegal rental business, and expansion of a non-conforming use, and temporary sign infractions.

As with most Code Enforcement Cases, hard enforcement was suspended during snow conditions.  During that time City Staff has been working with the City's Attorney office on the legal framework of the case as it relates to the lawful nonconforming rights that exist on the property.

Staff is requesting formal authorization of the following process:

1. City Staff is authorized to seek an administrative search warrant to conduct a complete and thorough inspection of the Subject Property and to accurately document any and all violations of City Code.
2. Upon receipt of said administrative search warrant, City Staff will complete an inspection of the Subject Property to document any and all violations of City Code. 
3. Upon completion of the inspection of the Subject Property, City Staff will send a First Notice of Violation to the owner of the Subject Property outlining any and all City Code violations as well as identifying the necessary corrective actions to be completed within fourteen (14) days.  An Administrative Citation of $250 will accompany the First Notice of Violation.
4. Once the fourteen (14) day timeframe has expired, City Staff will conduct a second inspection of the Subject Property to document any and all City Code violations.
5. If City Code violations are documented, a Second Notice of Violation will be sent to the owner of the Subject Property once again outlining any and all City Code violations as well as identifying the necessary corrective actions to be completed within fourteen (14) days.  An Administrative Citation of $250 will accompany the Notice of Violation.
6. If City Code violations are still present, City Staff shall seek a declaratory action with the District Court with the assistance of the City Attorney.
7. Upon receipt of a declaratory action from District Court, the City will proceed with scheduling an abatement of the Subject Property to remove correct any remaining City Code violations.
   1. If the escalating fine action is unsuccessful through the standard first and second notices of violation, Staff would recommend abatement of the violation. This will be an expensive abatement. The cost will need to be fronted by the City and recouped by an assessment against the property. The cost of this abatement may exceed the City's total annual budget for abatement activities.

20 minutes.

Staff handles all code enforcement cases as part of regular duties.

City Planner, Community Development Director

This case is an opportunity to ask questions and seek clarification before action is taken via resolution outlining the process of enforcement moving forward.