Adopt Resolution #21-209 Approving an Abatement of 6336 Highway 10 NW; Case of JAC Auto

Staff is seeking authorization to abate public nuisance items such as construction materials, a fence in disrepair, overgrown grass/weeds, and up to five (5) inoperable vehicles that are in violation of City Code at 6336 Highway 10 NW. The Subject Property has a history of City Code violations regarding off-street parking and public nuisance items. The vehicles are parked in the front yard on the dirt and grass, and it is unknown whether any of the vehicles are operable as defined by Chapter 30 of City Code.

No notification is required for this case.

Summary
The Subject Property has a history of code enforcement cases for violations related to off-street parking and public nuisance items related to the Business ("JAC Auto"). Notably, in 2019, the City received authorization for a code enforcement action plan via Resolutions 19-222, 19-250, and 19-253 which provided a plan to resolve any existing violations and prevent any future violations on site. The Resolutions state that the Subject Property does have legal, non-conforming rights to off-street parking on gravel to two (2) specific areas - but there cannot be allowed more than four (4) inoperable vehicles, and they must remain behind the fence.

There is a current code enforcement case on the Subject Property for off-street parking and public nuisance violations. Photos taken on July 13, 2021 show there are currently five (5) potentially inoperable vehicles beyond the fence, and multiple of them are parked on the grass and/or dirt. The fence also appears to be in disrepair, some areas of the property have noxious growth, and construction materials are being stored openly. A first notice of violation was sent to the property on June 25, 2021, and a second notice was sent with a zoning citation for $75 on July 13, 2021.

At the time of writing this case, the vehicles have not been moved and the items still remain on the property. It also does not appear that the Property Owners have attempted to contact the City regarding these violations. The photos, historical documents, and most recent notices of violation are in the attachments section of this case.

Alternatives
Alternative 1: Adopt Resolution #21-209 Approving an Abatement at 6336 Highway 10 NW. The Property Owner has been dismissive of Staff attempts to bring the property and business into compliance with City Code. Staff supports this alternative.  Alternative 2: Do not adopt Resolution #21-209 Approving an Abatement at 6336 Highway 10 NW. City Council should provide specific direction to staff as to how to proceed with this active code enforcement case. Staff is not opposed to this alternative but believes the approach and timeline outlined in the proposed resolution is appropriate. 

Staff handles all Code Enforcement cases as part of their regular duties.

Staff recommends motion to adopt Resolution #21-209 approving an abatement of 6336 Highway 10 NW to remove vehicles and public nusiance items in violation of City Code Chapter 30. The City's towing contractor does not charge the City for towing of vehicles, but instead charges the owner at time of vehicle pickup. If the vehicle is not picked up within a certain time period as set forth by State Statute, the towing contractor, Northstar, can sell the vehicle. The cost of removal for the public nuisance items will be charged to the property owner.

Motion to adopt Resolution #21-209 approving an abatement of 6336 Highway 10 NW