Notice of Public Hearing/Public Nuisance

NOTICE OF PUBLIC HEARING TO DETERMINE WHETHER A PUBLIC NUISANCE EXISTS ON PRIVATE PROPERTY, WHETHER ABATEMENT OF A PUBLIC NUISANCE ON PRIVATE
PROPERTY BY CITY OF BENSON IS REASONABLE AND
NECESSARY, AND DETERMINATION OF SPECIAL
ASSESSMENT AGAINST THE PRIVATE PROPERTY
PLEASE TAKE NOTICE that on the 7th day of August, 2017 at 5:30 p.m. the City Council of Benson at the City Council Chambers at City Hall, 1410 Kansas Avenue, Benson, MN 56215, will hold a public hearing to determine proposed abatement by the City of Benson of proposed nuisance conditions of trash, rubbish and worthless or unused materials or articles, and special assessment for costs of abatement of said nuisance conditions against the following property:
Part of the Southeast Quarter of the Southwest Quarter (SE ¼-SW ¼) of Section 5, Township 121, Range 39, beginning at a point 428 feet Easterly from the Northeast Corner of Block 6, Original Townsite of the City of Benson, Thence Easterly 310 feet; thence Southerly 140 feet; thence Westerly 310 feet; thence Northerly to the point of beginning.
735 Kansas Avenue, Benson, MN
The Council shall first determine whether a public nuisance exists on the above-named real property based on whether the conditions unreasonably annoy, injure, or endanger the safety, health, morals, comfort, or repose of any considerable number of members of the public.
Second the Council shall determine whether abatement/removal of the public nuisance by the City of Benson is reasonable and necessary and the time limit in which the property owner/occupant has to remove the public nuisance prior to the City of Benson entering premises and removing the offending item or items and cleaning up the nuisance.
If a condition is determined to be a public nuisance and must be abated by the City of Benson, the special assessment is estimated to be the following minimum amount for the above-described property:
$4,500.00
A reasonable estimate of the impact of the special assessment will be available at the hearing for review.  Also, the proposed special assessment roll is on file with the Benson City Clerk.  Written and oral objections regarding the proposed special assessment against the above-named property will be considered at the public hearing.
NO APPEAL MAY BE TAKEN AS TO THE AMOUNT OF THE SPECIAL ASSESSMENTS UNLESS A WRITTEN OBJECTION SIGNED BY THE AFFECTED PROPERTY OWNER IS FILED WITH THE BENSON CITY CLERK PRIOR TO THIS PUBLIC HEARING OR PRESENTED TO THE PRESIDING OFFICER AT THE PUBLIC HEARING.
PURSUANT TO MINNESOTA STATUTE SECTION 429.081, WITHIN THIRTY (30) DAYS AFTER THE ADOPTION OF THE SPECIAL ASSESSMENTS, ANY AFFECTED PROPERTY OWNER WHO IS NOT PRECLUDED BY FAILURE TO OBJECT PRIOR TO OR AT THE SPECIAL ASSESSMENTS HEARING MAY APPEAL TO THE DISTRICT COURT BY SERVING NOTICE UPON THE MAYOR OF BENSON OR BENSON CITY CLERK, AND BY FILING SAID NOTICE WITH THE COURT ADMINISTRATOR OF THE DISTRICT COURT WITHIN TEN (10) DAYS OF SERVING NOTICE UPON THE MAYOR OF BENSON OR THE BENSON CITY CLERK
Pursuant to Minnesota Statutes Sections 435.193 to 435.195, any county, statutory or home rule charter city, or town making special assessments may in its discretion defer the payment of that special assessment for any homestead property owned by a person sixty-five (65) years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments, and homeowner shall make application for deferred payment of special assessments on forms prescribed by the county auditor of the county in which the homestead is located.
Adoption by the Council of the proposed special assessments may be taken at the hearing, and the property owners have the right to prepay the entire special assessments to the City of Benson, and partial prepayment has not been authorized by ordinance.  Prepayment of the entire special assessments may be made no later than  14  days after the date the resolution is passed without the accrual of interest, and interest shall accrue at the rate of  8  percent per annum if the entire special assessments are not prepaid.
Benjamin R. Wilcox
Assistant City Attorney
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