HomeMy WebLinkAboutFinding of Fact - Graffiti Abatement Findings of Fact
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: Dakota MN and Eastern Railroad Corporation FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND ORDER.
___________________________________
On December 7, 2020, the City of Rochester Common Council conducted a public
hearing, following notice to Dakota MN and Eastern Railroad Corporation (RR) and
publication of notice in the Post Bulletin. The hearing was for the purpose of determining
whether RR had graffiti on their property which was not being removed. The hearing
occurred pursuant to R.C.O. § 8-6-7.
At the hearing, no representative from RR spoke. Brent Svenby from Administration
and police Sergeant Pankratz spoke and produced photographs indicating the graffiti
existed and has not been removed.
After considering all of the testimony and evidence submitted to the Council in this
matter, the Council arrives at the following Findings of Fact, Conclusions of Law and Order:
FINDINGS OF FACT
1. RR owns the railroad bridge abutments of the railroad crossing of the South
Fork of the Zumbro River near Oakwood Cemetery.
2. In October of 2020 the City received complaints about graffiti on the property.
On October 12, 2020 the City sent out a certified letter to RR notifying them of the graffiti
and directing them to remove the graffiti.
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3. RR received the letter but have not responded and failed to appear at the
hearing.
CONCLUSIONS OF LAW
1. The Council finds RR owns the property with graffiti, has been notified about
the graffiti and has failed to remove the graffiti.
ORDER
The Common Council of the City of Rochester does hereby ORDER:
2. The property owner shall remove the graffiti within 15 days or the City will
remove the graffiti and charge all costs incurred therein against the real estate as a special
assessment.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2020.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2020.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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