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New Prague council orders abatement of excavated lot at 703 2nd St. NE
Summary
Council approved a resolution declaring the excavated lot on 7th Street/2nd Street NE a hazardous property and ordered abatement within 20 days or civil enforcement; the property owner, Michael Wynont, was previously cited and convicted on related ordinance violations.
The New Prague City Council voted unanimously to order abatement of a property at 703 2nd Street Northeast after staff described an unpermitted excavation and multiple ordinance violations on the lot.
A staff presenter outlined the history: the owner, Michael Wynont, previously sought a variance that was denied, then carried out an unpermitted excavation described as a basement excavation and left the site in violation of wetland buffers, setbacks and signage ordinances. The property was the subject of a prior criminal citation and a misdemeanor conviction in Scott County, staff said.
Staff recommended a civil abatement route as the most direct means to compel remediation, saying the resolution would start a 20-day clock for the owner to either fill the excavation and provide a survey showing pre-excavation elevations or enter an agreement with the city to remedy the site with the costs assessed to the property.
"This is our final and most aggressive approach to gain compliance with the nuisance violations that exist on the property," staff said. The resolution gives the property owner 20 days to act before the city seeks civil enforcement in court to obtain a corrective order.
Council moved and seconded the resolution; the motion passed 3-0. Staff said the owner was aware of the meeting and the pending action but was not present.
The abatement action authorizes the city to proceed with civil remedies and to charge costs back to the property if the owner fails to comply within the required time frame.
