HomeMy WebLinkAboutItem 03.aCity of Lakeville
Building Inspections
Memorandum
To: Justin Miller, City Administrator
David Olson, Community and Economic Development Director
From: Gene Abbott, Building Official
Date: 9/16/15
Subject: House at 20510 Hollins Avenue
On June 17, 2015, I received a phone call from Lieutenant Jim Puncochar with the Lakeville
Police Department, in regards to the unsanitary conditions of the interior of the home
located at 20510 Hollins Avenue. A neighbor had a concern for the safety and welfare of the
inhabitants and the noticeable smell coming from the house. Police and Fire Departments
were on scene and searched the house for inhabitants. No inhabitants were found. Upon
entry into the lower level of the home by myself, I noticed an awful stench in part due to the
amount of garbage and feces discovered in the house. The house was filled with used beer
cans as well (See attached photographs). The house was open to trespass and was
therefore boarded up to prevent unauthorized access to the interior. Lakeville Property
Maintenance Code (PMC) section 305 stated that the interior of a structure and equipment
therein shall be maintained in good repair, structurally sound and in sanitary condition.
The conditions of the interior of house were not sanitary and therefore the Certificate of
Occupancy was revoked, the public utilities shut off, and the site posted as uninhabitable.
The Police Department did locate the owner, Mr. Michael Berg. The City Attorney verified that
Mr. Berg is the sole owner of the property. I left him several messages to contact me in
regards to his home. He eventually called me back on 6/23/15 and we discussed the
condition of the home and that there was substantial cleanup required to make it habitable
and weather tight. We discussed on the phone that he could enter the home to have it
cleaned up and retain any of his personal belongings. Mr. Berg did state that he did not have
any intention to cleaning up the house. I followed up our conversation with a letter date
6/26/2015 (see attached). Mr. Berg was required to clean up the site by 7/15/15 in order to
evaluate the interior of the structure. To date the home has not been cleaned up. See
photographs dated 8/12/15.
Recommendation:
At this time, I would recommend that the City Council consider condemning the interior of
the structure per State Statute and order the house professionally cleaned in order to
evaluate the interior of the structure. Such costs should be assessed to the property. If the
interior of the home is damaged beyond repair then the entire structure should be
condemned per State Statute and removed.
20 6 T H S T W
H O L L I N S A V E
H O L T A V E
H O L Y O K E
A V E 205T H S T W 20 5 T H S T W
µ20510 Hollins Avenue
Quigley-Sime Park
City of Lakeville
PncitinriM to Thriw
June 26, 2015
Michael Berg
PO Box 520
Lakeville, MN 55044
RE: Condition of home at 20510 Hollins Ave West in Lakeville, Minnesota
Dear Mr. Berg:
On June 17, 2015, 1 received a phone call from Lieutenant Jim Puncochar with Lakeville
Police Department, in regards to the conditions of the interior of your home that were a
concern for the safety and welfare of the inhabitants and neighborhood. Please see
attached photographs taken at the site. Lakeville Property Maintenance Code (PMC)
section 305 stated that the interior of a structure and equipment therein shall be
maintained in good repair, structurally sound and in sanitary condition.
The interior of your home is not sanitary and therefore the Certificate of Occupancy has
been revoked, the public utilities have been shut off, and the site posted as
uninhabitable. As we had discussed on the phone on 6/23/15, you are allowed to enter
the home to obtain your personal belongings. In addition before the building can be
occupied, the residence must be professionally cleaned and evaluated whether the
structure is salvageable. If not completed by 7/15/2015, the matter will be presented to
the City Council for appropriate action including but not limited to condemnation and
potential demolition due to the current unsanitary condition.
Please give me a call at 952-985-4441 by such date to set up a follow up inspection or if
you have any questions.
Sin rely,
Gene Abbott
Building Official
C: Soren Mattick, City Attorney's
David Olson, Community and Economic Deveopment Director
Jim Puncochar, Lakeville Police Lieutenant
20195 Holyoke Avenue, Lakeville, MN 55044
952-985-4400.952-985-4499 fax
www.lakeviUemn.gov
sir ��'4�F7P'
08/12/2015
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183261
183261v1
1
CITY OF LAKEVILLE
RESOLUTION NO. ____
A RESOLUTION ORDERING
REPAIR OR REMOVAL
OF HAZARDOUS CONDITIONS
WHEREAS, the Building Official for the City of Lakeville has attempted without success
to have the owner of certain property remedy the hazardous and unsafe condition of the
uninhabitable house situated on property at 20510 Hollins Avenue West, Lakeville, Minnesota
located in the County of Dakota (“Subject Property”); and
WHEREAS, the City Council has determined that the building on the Subject Property
constitutes a hazardous building and is a health and safety hazard within the meaning of Minn. Stat.
§ 463.15, subd. 3.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF LAKEVILLE, MINNESOTA:
1. The City has fully considered all evidence relating to the code violations at the
Subject Property. Said evidence includes (i) a Property Report prepared by Land
Title on August 6, 2015 indicating ownership of the Subject Property; (ii) a letter
dated June 26, 2015 from the City of Lakeville’s Building Official to Mr. Berg with
attached photos date stamped 06/17/15; and (iii) additional photographs taken and
date stamped 08/12/15.
2. After fully considering all of the reports, photographs, documents, and other
evidence pertaining to the code violations at the Subject Property, the City of
Lakeville finds:
a. Michael J. Berg is the owner of the Subject Property and that there are no
liens on the Subject Property.
b. The City of Lakeville has notified the owner of the code violations by letter
dated June 26, 2015.
c. The Subject Property, which is located in Dakota County, contains hazards
to public health and safety and is therefore a Hazardous Property within the
meaning of Minn. Stat. § 463.15, subd. 3.
d. The interior of the home appears to have an accumulation of garbage and
rubbish making it unsanitary.
e. The interior of the home (and equipment therein) is deteriorating and not
183261
183261v1
2
maintained in good repair, or structurally sound condition.
f. The exterior walls of the Subject Property have not been maintained in
good repair. Parts of the exterior are deteriorating, siding is broken or
falling off, and window and door openings have been covered with
plywood.
g. The gutters on the exterior of the home have plants growing inside them.
h. The City has revoked the Certificate of Occupancy, shut off the public
utilities and has posted the site as uninhabitable.
i. The Subject Property is structurally unsound and not secured against
entry, making it an unsafe building.
3. Pursuant to Minnesota Statutes § 463.16 et seq., the City hereby adopts and
approves the Order for Repair and Removal of Hazardous Conditions attached
hereto as Exhibit A.
4. The City’s legal counsel, Campbell Knutson, P.A., Grand Oak Office Center I, 860
Blue Gentian Road, Suite 290, Eagan, Minnesota 55121, is directed to serve the
Order for Repair and Removal of Hazardous Conditions and to proceed with
enforcement in accordance with Minn. Stat. § 463.15 et seq.
ADOPTED this _____ day of _____________, 20___, by the City Council of the City of
Lakeville, Minnesota.
CITY OF LAKEVILLE
By: _________________________________
______________________, Mayor
ATTEST:
______________________________
____________________, City Clerk
183261
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3
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The undersigned, being the duly qualified and appointed City Clerk of the City of
Lakeville, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of
the Lakeville City Council on ___________________, 20___, with the original thereof on file in
my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
______ day of _________, 20____.
___________________________________
City Clerk
183263
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
CASE TYPE: Other Civil
______________________________________________________________________________
Court File No. ______________________
IN RE:
The Matter of a Hazardous Building ORDER FOR REPAIR
Located at 20510 Hollins Avenue, AND REMOVAL OF
Lakeville, Dakota County, Minnesota HAZARDOUS CONDITIONS
______________________________________________________________________________
TO: Owners and lienholders of the above real estate: Michael Berg, 20510 Hollins
Avenue, Lakeville, Minnesota 55044.
PLEASE BE ADVISED that pursuant to order of the Lakeville City Council and by
authority of Minnesota Statutes § 463.15 et seq., you have twenty (20) days from the date of
service of this Order upon you, to remedy the health and safety hazards and the hazardous
condition of the property at 20510 Hollins Avenue, Lakeville, Minnesota 55044 located in the
County of Dakota, and legally described as follows:
Lot One (1), Block One (1), Todd Addition, according to the map or plat
thereof on file or of record in the Office of the County Recorder in and for
Dakota County, Minnesota.
On June 17, 2015, the City of Lakeville received a phone call from Lt. Jim Puncochar
with the Lakeville Police Department regarding the interior condition of the home located at
20510 Hollins Avenue West, Lakeville, Minnesota 55044 (hereinafter the “Subject Property”)
and the concern for the safety and welfare of inhabitants and the neighborhood. Photographs
taken at the site revealed an accumulation of garbage and rubbish in the interior of the home
making it unsafe and unsanitary. Based on the inspection and photographs, the City has revoked
the Certificate of Occupancy, shut off the public utilities and posted the site as uninhabitable.
183263
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The following conditions must be remedied and inspected within twenty (20) days from the date
of service of this Order:
1. The Subject Property, which is located in Dakota County, contains hazards to public health
and safety and is therefore a Hazardous Property within the meaning of Minn. Stat.
§ 463.15, subd. 3.
2. The interior of the home appears to have an accumulation of garbage and rubbish making
it unsanitary and in violation of the International Property Maintenance Code, 2006
edition, Section 305.1, as adopted in Lakeville City Code Section 9-8-1.
3. The interior of the home (and equipment therein) is deteriorating and not maintained in
good repair, or structurally sound condition, and is in violation of the International
Property Maintenance Code, 2006 edition, Section 305.1, as adopted in Lakeville City
Code Section 9-8-1.
4. The exterior walls of the Subject Property have not been maintained in good repair. Parts
of the exterior are deteriorating, siding is broken or falling off, and window and door
openings have been covered with plywood, in violation of the International Property
Maintenance Code, 2006 edition, Sections 304.6, 304.13, and 304.15, as adopted in
Lakeville City Code Section 9-8-1.
5. The gutters on the exterior of the home have plants growing inside them in violation of
the International Property Maintenance Code, 2006 edition, Section 304.7, as adopted in
Lakeville City Code Section 9-8-1.
6. The Subject Property is structurally unsound and not secured against entry, making it an
unsafe building in violation of Lakeville City Code § 9-8-3, Subd. 304.1; the
International Property Maintenance Code, 2006 edition, Section 304.18, as adopted in
Lakeville City Code Section 9-8-1.
If you fail to remedy the code violations, the City will seek permission from the District
Court for the City to do so. The City will move the District Court for summary enforcement of
this Order pursuant to Minn. Stat. § 463.19 unless you remedy the situation within said twenty
(20) day period or unless an answer is filed within twenty (20) days of service of this Order upon
you pursuant to Minn. Stat. § 463.18. Upon enforcement of the Order by the City, all costs
expended by the City will be assessed against the real property and collected as other taxes as
provided in Minn. Stat. § 463.21.
183263
183263v1 3
If you fail to remedy the code violations, you must remove all personal property or
fixtures which will unreasonably interfere with the repair within twenty (20) days of service of
this Order upon you pursuant to Minn. Stat. § 463.24. If the personal property or fixtures are
not removed within that time, then the City may sell the personal property or fixtures at
public auction as provided in Minn. Stat. § 463.24 or the City may destroy the same.
Dated: ______________, 2015 CAMPBELL KNUTSON
Professional Association
By: ________________________________
Soren M. Mattick, #27785X
Lakeville City Attorney
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
ACKNOWLEDGMENT
The City of Lakeville, by and through its undersigned attorney, acknowledges that costs,
disbursements, and reasonable attorney and witness fees may be awarded to the opposing party
or parties pursuant to Minnesota Statutes § 549.211, subd. 1.
Dated: ______________, 2015
__________________________________
Soren M. Mattick
LT File Number: 525492
Report prepared on: August 6, 2015
Prepared for:
Campbell Knutson
Grand Oak Office Center I, 860 Blue Gentian Road, Suite #290
Eagan, MN 55121
Attn: Jean Olson
Client File No.:
PROPERTY REPORT
v
service beyond the expected
Applicant: Michael J. Berg
Property Address: 20510 Hollins Avenue, Lakeville, MN 55044
County: Dakota State: Minnesota
Property Type: Abstract Property
LEGAL DESCRIPTION:
Lot One (1), Block One (1), Todd Addition, according to the map or plat thereof on file or of record in the Office of
the County Recorder in and for Dakota County, Minnesota.
APPARENT RECORD OWNER:
Michael J. Berg, a single person
WARRANTY DEED: Paul M. Zeig and Michelle L. Zeig, husband and wife, to Michael J. Berg, a single person;
DOCUMENT NO.: 1286558; DATED: June 27, 1995; FILED: July 6, 1995.
OPEN MORTGAGES AND LIENS:
-NONE-
TAX INFORMATION:
Tax I.D. No.: 22-76800-01-010
Taxes for the year 2015: $2,626.30, Total, are 1st 1/2 Due, 2nd 1/2 Due, Plus penalty on unpaid 1st 1/2
Delinquent Tax: 2010- $1,194.76, 2011- $2,365.04, 2012- $2,371.38, 2014- $2,551.18, plus penalty, cost and
interest for each year
Base Tax: $2,626.30 (Homestead)
Estimated Market Value: $216,500.00
Assessed in the name of: Michael J. Berg
LT File Number: 525492 Page 1 of 2
NAME SEARCHES:
There are no unsatisfied judgments and notices of Federal or State Tax Liens docketed in Dakota County District
Court, and the Dakota County Recorder's office appearing against the following names (through the date interest
was conveyed out):
Michael J. Berg
Except as follows:
JUDGMENT: Central Prairie Financial LLC vs. Michael Berg, dated July 30, 2010, docketed July 30, 2010 in Dakota
County District Court records as Case No. 19HACV104709 in the amount of $6,667.88.
JUDGMENT: Midland Credit Management Inc vs. Mike Berg, dated September 15, 2004, docketed December 17,
2008 in Dakota County District Court records as Case No. 19AVCV083985 in the amount of $1,105.89.
POSTED EFFECTIVE DATE: 24th day of July, 2015
This Property Report is not a title examination, title opinion, title insurance commitment or title insurance policy. This report is
furnished for the use and benefit of the requesting party. The liability of the reporting company caused by inaccuracies
contained herein is limited to the amount paid for in said report.
Land Title, Inc. • 2200 West County Road C, Suite 2205, Roseville, MN 55113 • phone (651) 638-1900 • fax (651) 697-6185 • landtitleinc.com
LT File Number: 525492 Page 2 of 2
Foam No. S -M- WARRANTY
Individual (a) to Joint Tenants
Nfinnmm
No delinquent taxes and'transfer enterer; CertiEcate
of Real Estate Value ( K ) filed ( ) not required
Certificate ofReal Estate Value No.
County Auditor
by �Ct Deputy
STATE DEED TAX DUE HEREON; S 391.05
Date: June 27 -11995
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FOR VALUABLE CONSIDERATION, -Paul M_ Zeig and Michelle L Zeig Husband and Wife
Grantor(s),
. (meatal scams)
hereby convey (s) and warrant (s) to Michael J. Berg, a single person
........ , GI2ACCeS as joint
tenants real property in Dakota - _ - County, Afinesota, described as follows:
Lot -one (1) Block one (1) Todd Addition, according too the map or. plat thereof
on file or ot record in the Office of the County Recorder in and for Dakota
County, Minnesota.
The Seller certifies that the Seller does not know of any wells on the
described real property.
COUNTYCONSERVATION FEE $Sao
M40MAS V. NOVAK !3 g-
WWACOIR WMWAStIH%Att=R
(ti; mvrc space is needed. continue an back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Restrictions, reservations and easements of record, if any.
8509 WSC
DAKOTA COUN ly Paul. M_ Ze1g
RSS-l-WNi ESOTA 5,�
DE[ D TAX AMTSMz1a e L. 2eig
STATE OF NfNNESOTA
ss.
COUNTY OF Dakota ,-• ..... •
The foregoing instrument was acknowledged before me this 27th day of
by. Paul M Zeicrand Michelle i/! Ze:
USA ANN BRUB�E.R N
NOTARY PUBLIC-MINNESCIA !
DAKOTA COUNT I
!Ay Ca,urdsdoa 6piusJAT! 312000
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS);
Affiliate -d Title a Closing
14551 County Road 11
Burnsville, Minnesota 55337
,19 95 ,
, Grantor(s).
Taz. StatemeatsYo{the mat pnvpe�ty descalxd in this insum sent should
b sent to (Ltcdudo name and address of Gzantee);
Michael J. Berg
20510 Hollins Avenue
Lakeville, Minnesota 55044
K"Wis]
Bank of America, FSB
8300 Norman Center Drive #1000
Bloomington, Mn 55431
ON