HomeMy WebLinkAboutItem 06.kI
September 29, 2015 Item No.
RESOLUTION ORDERING REPAIR OR REMOVAL
OF HAZARDOUS CONDITIONS
October 5, 2015 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution ordering repair or
removal of hazardous conditions at 20510 Hollins Avenue West in Lakeville, MN.
Passage of this motion will result in the City of Lakeville seeking District Court order to remedy the
hazardous conditions and assess such costs to the property after properly giving the owner the required 20
day notice as per State Statute.
Overview
On June 17, 2015, the Lakeville Police Department notified the Building Inspection Division as to the
conditions of the interior of the home located at 20510 Hollins Avenue. There was a concern for the safety
and welfare of the inhabitants and neighborhood. The interior of the home was not sanitary and therefore
the Certificate of Occupancy was revoked, the public utilities shut off, and the site posted as
"Uninhabitable".
A letter dated 6/26/15 was sent to the owner requiring the residence to be professionally cleaned and
debris removed in order to conduct a thorough inspection to determine the structural condition of the
house and if any health hazardous conditions existed. This was to be accomplished by 7/15/15. To date
this has not been accomplished; therefore, the attached resolution is needed to properly investigate and
remedy the hazard.
Primary Issues to Consider
• The city is following the proper process for removing hazardous conditions or structures as
mandated by State Statute 463.
• The owner has been notified of this item on the agenda.
Supporting Information
• See attached letter, resolution and court order drafted by City Attorney
Gene Abbott, Building Official
Financial Impact: $ Unknown Budgeted: Y/N _N_ Source:
Related Documents (CIP, ERP, etc.):
Community Values: Safety throughout the Community
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:
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
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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
Lakeville, Minnesota.
ATTEST:
Charlene Friedges, City Clerk
day of , 2015, by the City Council of the City of
CITY OF LAKEVILLE
Matt Little, Mayor
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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
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STATE OF MINNESOTA
COUNTY OF DAKOTA
IN RE:
The Matter of a Hazardous Building
Located at 20510 Hollins Avenue,
Lakeville, Dakota County, Minnesota
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: Other Civil
Court File No.
ORDER FOR REPAIR
AND REMOVAL OF
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.
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The following conditions must be remedied and inspected within twenty (20) days from the date
of service of this Order:
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.
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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
C
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
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