Adopt Resolution #20-226 Approving Abatement of 6745 Highway 10 NW; Case of Independent Auto - This case was moved from Consent 5.09 to be considered on the regular agenda as Case 7.00

The purpose of this case is to approve an abatement of 6745 Highway 10 NW (The "Subject Property") which is a commercial property owned by the City of Ramsey and rented to Independent Auto (the "Tenant"). The City of Ramsey has had continued Zoning Code Violations on the Subject Property related to off-street parking violations; specifically inoperable and unlicensed vehicles onsite. In addition, there have been Public Nuisance Code Violations related to outdoor storage of junk items such as tires and pallettes.

No notification required. Staff did attempt to notify the property renter of this case.

In the past, the Subject Property has come into compliance after several notices. However, since this is a repeat offense, Staff has sent the first notice of violation and is requesting approval from the City Council to approve abatement the items that are not in compliance since it's a City-owned property. Staff believes that City-owned properties need to be held to the same, if not higher standards than other commercial properties throughout the City.

With the first notice of violation in September 2020, there were over fifty (50) vehicles out of compliance. Several of vehicles have been onsite since 2019, indicating that they are not actively being repaired and are not related to the use onsite. Staff believes that some of these vehicles are being used for parts for other vehicles, which is not allowed. Staff reinspected the Subject Property and there are still numerous vehicles that are out of compliance. Many vehicles also remained onsite from the first inspection almost a month prior. As photo evidence will show, there are multiple signs of many of these vehicles not being moved for a considerable amount of time. 

During an abatement, Staff works with Northstar Towing. Vehicles are towed off-site and are charged to the owner upon pickup. The City will not be charged for the removal of vehicles. Staff will start with vehicles that are unlicensed, inoperable, and those that have been onsite the longest.

As noted, this Property is owned by the City. It was originally purchased for future ROW for Highway 10 as part of the Highway 10 Plans in the mid-2000s. Said plan has since changed and it is anticipated that the City will sell this property once the Highway 10 Project is complete (exact ROW needs are still not yet finalized, so it would be premature to sell now). The City has a lease with Independent Auto that expires on March 31, 2021. Staff is recommending that the lease not be renewed with this tenant and said direction is included in the attached resolution. This tenant has required extra attention from Staff, and Staff estimates that they have spent at least 20 hours attempting to get this property into compliance throughout the last year or so. The sheer number of vehicles onsite requires significant Staff time to inventory. In order to abate, the City is required to take photos of each vehicle and maintain an inventory with make, model, and license plate number. This then needs to be updated for each violation notice.

To date, Staff has inspected the Property on the following occasions. Prior to that, the City has made several attempts to clean the property through lease negotiations. Compliance is often generally achieved, but repeatedly falls out of compliance.

• June 14, 2019
• July 12, 2019
• August 28, 2019
• September 3, 2020
• October 2, 2020

The Property has been sent notices on:

• June 13, 2019
• July 18, 2019
• September 24, 2019
• November 14, 2019
• September 16, 2020
• October 7, 2020 (Abatement Notice)

Staff handles all Code Enforcement as part of regular duties.

Staff recommends that the City Council adopt Resolution #20-226.

Motion adopt Resolution #20-226 approving abatement of 6745 Highway 10 NW - Independent Auto.