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ANALYSIS In January 2008, the Board of County Commissioners adopted revisions to the County Public Nuisance Ordinance. Under the ordinance (County Code Section 973.04), the Code Enforcement Board can make a determination that a code violation constitutes a public nuisance (posing a serious threat to public health, safety and welfare or is irreparable or irreversible in nature). Following this determination, the Code Enforcement Board directs staff to notify the Board of County Commissioners, which no sooner than 30 days after the compliance hearing, may direct the county administrator (or his/her designee) to abate the nuisance, with costs of the abatement to be recorded as a lien against the property. At the May 24, 2021, compliance hearing, the Code Enforcement Board found that the code violations at the Palmer property constitute a public nuisance posing a serious threat to public health and safety. The Code Board entered an order ("...Determining Public Nuisance Warranting County Abatement") directing County Staff to request that the Board of County Commissioners consider authorizing the county administrator to take action to abate the public nuisance. ALTERNATIVES The Board of County Commissioners has several alternatives to consider in this matter. These alternatives are: 1. Take no action. This alternative would result in daily fines continuing to accrue at $100 per day in the form of a lien against the real and personal property of Michael and Kelly Palmer, until the violations are resolved. This alternative would not alleviate any potential hazards resulting from the code violations onsite. 2. Direct staff to seek a court order to enter onto the subject property and resolve the code violations by removing the materials stored onsite. This alternative would alleviate the potential hazards, but would result in county expense that would be recorded as lien against the property that may or may not be recovered by the county in the foreseeable future. As part of Alternative 2, the County Attorney's Office would also seek an injunction preventing Michael and Kelly Palmer from accumulating materials onsite in the future. RECOMMENDATION Staff recommends Alternative 2, that the Board of County Commissioners direct staff to seek a court order to allow staff access to the subject property to abate the nuisance, authorizing the county's employees, servants, agents or contractors to enter upon the Palmer property located at 1262 15th Avenue at all reasonable times, and take whatever action is necessary to abate the nuisance described in this report, with costs of the abatement to be recorded as a lien against the subject property. FUNDING Funding for the expenditure (estimated at $10,000) will be made available in MSTU/Road & Bridge/Other Contractual Services, Account# 00421441-033490 through a budget amendment from MSTU/Reserve for Contingency. ATTACHMENTS 1. Photos of the subject property. 2. Code Enforcement Board Order Determining Public Nuisance Warranting County Abatement. 3. County Code Chapter 973. 4. Minutes from the May 24, 2021 Code Enforcement Board meeting 105