Adopt Resolution #19-096 Establishing the Code Enforcement Action Plan for 15415 St Francis Blvd NW (Case of Kens Repair and Sales)  - This item was moved from the Consent Agenda (item 4.12) to be considered as Item 7.02.

The purpose of this case is to provide the City Council with an update and seek direction on the proposed Code Enforcement action plan related to 15415 St. Francis Blvd NW, commonly reffered to as Kens Repair and Sales. At this time, the Owner objects to a voluntary site inspection. In order to provide a sufficent recommendation, Staff believes a detailed inspection is required. Since the Owner objects to a voluntary inspection, Staff is requesting authorization for an administrative search warrant at this time. Authorization for the administrative search warrant is the only true action being requested as part of this case. Other actions are listed as future action items. 

Following an initial meeting with the Owner, the Owner has stated the following.
 

1. Owner no longer desires to allow a voluntary site inspection.
2. Owner has offered to fence and place gravel storage/parking surface on area identified as "The Hill" in the attached exhibits.
3. Owner desires to continue to store vehicles behind the barn, near a wetland (comingled with horses on the property).
4. Owner agrees to no longer store or display items on southern half of property (previously cleaned up).
5. Staff has become aware of a potential individual living in an RV on the property (not allowed by Zoning Code; unclear if any violations of Building/Property Maintenance Code/wastewater disposal).

The property owner is aware that the City is actively working on this code enforcement case.  A meeting between the Property Owner and City Staff occured on Monday, April 29th, 2019.

Alleged onsite violations include the unlawful expansion of a lawful nonconforming use. The City has been working on and off with the property owner regarding the suspected expansion of the lawful nonconforming use since the early 1990's. Provided with this case are historic photos which show the extent of the business dating back to 1977. The City of Ramsey incorporated in 1974.

There is disagreement between City Staff and the property owner as it relates to the area of the property referred to as "The Hill" and whether or not that area could be used in connection to the business.  The property owner has offered to put down gravel and fence in the area to provide screening.  Staff believes the use of this area would be an expansion of the lawful nonconforming use and would require a conditional use permit.  Staff is concerned that the fenced area would still be largely visible to the public right of way and that vehicles stored in this area would still be visible.  Staff is seeking City Council direction as it relates to the area referred to as "The Hill" and whether or not it should be brought forward as an area that can be used in connection to the business.

Staff believes it is clear that all vehicles, vehicle parts and equipment currently stored down by "The Pond" which is north of the barns need to be removed as they are an unlawful expansion and the storage of vehicles in this area is a violation and also posses a potential hazard to natural resources due to its proximity to wetlands.

In summary, Staff has flagged these priority issues.

1. Storage of inoperable vehicles for purposes of dismantling for parts, and sending remnant of vehicle for destruction and disposal.
2. Storage of vehicles near wetland/pond.
3. Use of RV as dwelling unit.

Due to the sheer size of the property City Staff is not able to accurately document specific violations in their entirety and for that reason have propsoed the following code enforcement action plan.

Process:

The City Council is asked to grant approval of the proposed code enforcement action plan on the Subject Property as outlined below, contingent upon verification of any violation(s) of City Code: 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.  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. 

Future Steps:

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.

Staff recommends this violation comes from 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. 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 Second Notice of Violation.

If after fourteen (14) days following the issuance of the Second Notice of Violation, City Code violations are still present, City Staff shall seek a declaratory action with the District Court with the assistance of the City Attorney. Upon receipt of a declaratory action from District Court, the City will proceed with City Attorney direction moving the case into Civil Prosecution and/or abatement.

This case is being handled as part of staffs regular duties.

Staff recommends adoption of Resolution #19-096 establishing the Code Enforcement Action Plan for 15415 St Francis Blvd NW.

Motion to adopt Resolution #19-096 establishing the Code Enforcement Action Plan for 15415 St Francis Blvd NW.