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Council orders abatement at 302 South Main after owner objects

Stewartville City Council · July 23, 2024
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Summary

After a public hearing, the Stewartville City Council found the property at 302 South Main to be a public nuisance, voted to abate the problem and said abatement costs — including attorney fees and administrative costs — may be charged to the property.

The Stewartville City Council on a voice vote ordered nuisance abatement at 302 South Main, saying photographs and prior notices demonstrated the property had failed to meet city standards and posed a public nuisance. Attorney West had sent notices to the property owner on June 26 and July 12, the council said, and the council read findings that the condition of the premises "endangers public safety, health, morals, comfort" and obstructs the free use of nearby property.

Property owner Gary Johnson spoke at the public hearing and objected to the process. "I'm not the person who portrays me to be," Johnson said, criticizing enforcement and alleging selective treatment of his businesses. He also accused "Mayor Cain's autocratic style of governing" and requested a future agenda slot to raise other concerns. The presiding officer repeatedly redirected the hearing to the abatement and closed public comment when no additional oral or written comments were offered.

A council member moved to abate the nuisance; the motion was seconded and carried by voice vote. Council said the property owner "shall also be responsible to pay the cost of said abatements, including attorney's fees, administrative costs," which may be assessed to the property and collected with property taxes. The council did not set a public timetable for performing the abatement during the meeting; staff and the city attorney were cited as the parties who will oversee compliance and any removal work.

Next steps listed by council members include the city scheduling abatement work and assessing the costs to the property if the owner does not complete the required cleanup voluntaryy. Because the vote was by voice, no roll-call tally was recorded in the meeting minutes provided.