HomeMy WebLinkAboutItem 06.hDate: May 2, 2016 0 Item No.
RESOLUTION ORDERING REPAIR OR REMOVAL
OF A HAZARDOUS BUILDING
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution ordering repair or
removal of hazardous conditions at 11311 178th Street 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 December 18, 2015, the building on the subject property which is a single family home, sustained
severe damage from a fire. As a result, the building was open to trespass, the roof had collapsed, and the
building has sustained structural failure. Due to these hazards, the City boarded up the house, the
Certificate of Occupancy was revoked, the public utilities shut off, and the site posted as "Uninhabitable".
A letter dated 3/23/16 was sent to the owner requiring that the residence be brought into compliance with
all applicable codes. The letter was returned with no forwarding address and to date the property owner
has made no effort to contact the City. The property was re -inspected on 4/11/2016 with no sign of
improvements or corrections to the condition of the property. The attached resolution is needed to seek
an order from the District Court to properly investigate and remedy the hazards after providing the owner
with a 20 day notice. Any costs incurred by the City to remedy the hazards will be assessed against the
property.
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's Office
Financial Impact: Unknown Budgeted:Y0 N® Source: General Fund Contingency Acct.
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: David L. Olson, Community and Economic Development Director
cc: Gene Abbott - Building Official, Amy Schutt - Campbell Knutson
Memorandum
City of Lakeville
Building Inspections
To: Justin Miller, City Administrator
David Olson, Community and Economic Development Director
From: Gene Abbott, Building Official
Date: 4/11/16
Subject: House at 11311 178`h Street
On December 18, 2015, the home at 11311 178th Street was severely damaged by a
devastating fire. The house was open to trespass and was therefore boarded up to
prevent unauthorized access to the interior and utilities were shut off. On 1/4/2016, 1
traveled to the site and inspected the damage. Due to the severe damage of the home
and hazardous conditions that included roof collapse, structural failure and fire damage,
I determined that the home should not be inhabited and therefore the certificate of
occupancy was revoked and the structure placarded as "Do not occupy" due to the
hazardous conditions. On March 4, 2016, 1 traveled to the site and documented that
there was no progress toward reconstructing the home. I received a complaint regarding
the condition of the home and a concern for the safety and welfare of the neighborhood.
Lakeville Property Maintenance Code (PMC) section 301.3 stated that all vacant
structures and premises thereof or vacant land shall be maintained in a clean, safe,
secure and sanitary condition so as not to cause a blighting problem or adversely affect
the public health or safety. A letter dated March 23, 2016 was sent to the listed owner,
Michelle Boyd, at the above address asking for a response in bringing the site into
compliance with city property maintenance code 301.3. The letter was returned with no
forwarding address and to date there has been no contact with Ms. Boyd.
Recommendation:
inspected the property again on 4/11/2016 with no improvement. The conditions of the
property as of 4/11/2016 are in violation of PMC 301.3. The owner has not responded to
the letter dated 3/23/2016, nor has the owner attempted to contact the city nor clean up
the site. At this time, I would recommend that the City Council consider condemning the
structure per State Statute and order the removal of the entire structure and foundation
and cleanup the property and have all associated fees assessed to the property.
CITY OF LAKEVILLE
RESOLUTION NO.
A RESOLUTION ORDERING REPAIR OR REMOVAL
OF HAZARDOUS BUILDING
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 11311 178th Street 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) Certificate of Title indicating ownership
of the Subject Property; (ii) a memorandum dated April 11, 2016, from the City of
Lakeville's Building Official Gene Abbott; and (iii) photographs taken and date
stamped 01/04/16 and 03/04/16.
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. Michelle Boyd is the owner of the Subject Property. Associated Bank,
N.A., and Newco Finance, Inc., have mortgages on the Subject Property.
b. On December 18, 2015, the building on the Subject Property, a single-family
home, sustained severe damage from a fire. As a result, the building was
open to trespass, the roof had collapsed, and the building sustained structural
failure. Due to these hazards, the City boarded up the house, shut off the
utilities, revoked the certificate of occupancy, and posted the site as
uninhabitable.
C. The building on the Subject Property has been vacant since the December
18, 2015, fire.
d. A March 4, 2016, visual inspection from the outside of the home showed
that no progress had been made toward fixing any of the hazardous
conditions existing on the building.
186453v1
e. No attempt has been made, since the December 18, 2015, fire to remedy
any of the damage done to the building on the Subject Property.
f. The vacant building situated on the Subject Property has not been
maintained in a clean, safe, secure, and sanitary and is in violation of the
International Property Maintenance Code, 2006 edition, Section 301.3, as
adopted in Lakeville City Code Section 9-8-1.
g. Because of physical damage, the building on the Subject Property constitutes
a hazard to public health and safety and is therefore a Hazardous Building
within the meaning of Minn. Stat. § 463.15, subd. 3.
Pursuant to Minnesota Statutes § 463.15 et seq., the City hereby adopts and
approves the Order for Repair and Removal of Hazardous Building 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 Building and to proceed with
enforcement in accordance with Minn. Stat. § 463.15 et seq.
ADOPTED this day of , 2016, by the City Council of the City of
Lakeville, Minnesota.
CITY OF LAKEVILLE
IM
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
1864530 2
EXHIBIT A
STATE OF MINNESOTA
COUNTY OF DAKOTA
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: Other Civil
Court File No.
IN RE:
The Matter of a Hazardous Building ORDER FOR REPAIR
Located at 11311 178th Street West, AND REMOVAL OF
Lakeville, Dakota County, Minnesota HAZARDOUS BUILDING
TO: Owners and lienholders of the above real estate:
Michelle K. Boyd, 11311 178th Street West, Lakeville, Minnesota 55044
Associated Bank, National Association, 200 North Adams Street, Green Bay,
Wisconsin 54301
Newco Finance, Inc., 217 Dean Avenue East, Champlin, MN 55317
Builders Development & Finance, Inc., 4833 West 94th Street, Bloomington, MN
55437
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 11311 178th Street West, Lakeville, Minnesota 55044 located in the
County of Dakota, and legally described as follows:
Lot 4, Block 3, The Oaks of Lakevilla, Common Interest Community No. 403,
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 December 18, 2015, the single family residential home on the above-described
property sustained heavy damage as a result of a fire. To date, no progress has been made
toward fixing the damage. The following conditions must be remedied or removed, and
inspected within twenty (20) days from the date of service of this Order:
The Subject Property, which is located in Dakota County, contains a building which is
hazards to public health and safety and is therefore a Hazardous Building within the
meaning of Minn. Stat. § 463.15, subd. 3.
186453v1
EXHIBIT A
2. The vacant building situated on the Subject Property has not been maintained in a clean,
safe, secure, and sanitary and is in violation of the International Property Maintenance
Code, 2006 edition, Section 301.3, as adopted in Lakeville City Code Section 9-8-1.
Violations include a collapsed roof and lack of structural integrity.
If you fail to remedy the code violations, the City will seek permission from the District
Court for the City to repair or remove the building. 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 & 463.22.
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: .2016 CAMPBELL KNUTSON
Professional Association
0
Amy B. Schutt, #0395647
Lakeville City Attorney
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
186453v1 4
EXHIBIT A
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: , 2016
Amy B. Schutt
186453vt
City of Lakeville
Positioned to Thrive
March 23, 2016
Michelle Boyd
11311 1781" Street West
Lakeville, MN 55044
RE: Condition of home at 11311 178th Street West in Lakeville, Minnesota
Dear Ms. Boyd:
According to the Dakota County web site you are the current owner of the home located
at 11311 178th Street West in Lakeville. In December 2015 your home was exposed to a
devastating fire. On January 4, 2016, 1 traveled to the site, took the attached
photographs and placarded the home as not habitable. As a result, the Certificate of
Occupancy was revoked until such time that the residence could be repaired and
properly inspected. On March 4, 2016, 1 traveled to the site, took additional photographs
and documented that there was no progress toward reconstructing the home. I have
recently received a complaint regarding the condition of your home and a concern for
the safety and welfare of the neighborhood. Lakeville Property Maintenance Code
(PMC) section 301.3 stated that all vacant structures and premises thereof or vacant
land shall be maintained in a clean, safe, secure and sanitary condition so as not to
cause a blighting problem or adversely affect the public health or safety.
The condition of your property is in violation of PMC 301.3. Please respond to this
letter by April 4, 2016 indicating your timeline to clean up the property. If I do not
receive a response by such time or there is not an agreement on the timeframe to clean
up the property, this matter will be forwarded to the City Attorney for due process that
would include condemnation by the City Council, structure demolition, and property
cleanup of which all associated fees will be assessed to the property.
Please give me a call at 952-985-4441 if you have any questions
IZ*109-
Gene
Abbott
Building Official
C: Justin Miller, City Administrator
Soren Mattick, City Attorney
David Olson, Community and Economic Development Director
20195 Holyoke Avenue, Lakeville, MN 55044
952-985-4400.952-985-4499 fax
www.lakevillemn.gov
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