HomeMy WebLinkAboutItem 06.sDate: June 6, 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 6649 167"' Street 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
Last fall, as a result of a complaint, Building Official Gene Abbott inspected the property located at 6649
167"' Street West. Based on the condition of the home and the hazardous condition of the roof, a Do Not
Occupy notice was posted on the home. The property was re -inspected in February of 2016 and no
corrections had been made. The 1St Notice of Violation was issued requiring compliance with the City of
Lakeville Property Maintenance Code by April 1, 2016.
The property was re -inspected after April I" and no corrections had been made. A Final Notice of
Violation was issued on April 21, 2016 requiring that the property be brought into compliance by May 3,
2016. To date the property owner has made no effort to contact the City. The property was re -inspected
on May 3, 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.
Supporting Information
• See attached memo, resolution and court order drafted by City Attorney's Office
Financial Impact: Unknown
Budgeted:YE] NO Source: General Fund Contingency Acct.
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: David L. Olson, Community and Economic Development Director
cc: Gene Abbott - Building Official, Soren M. Mattick - Campbell Knutson
MEMORANDUM
To: City of Lakeville
From: Campbell Knutson, P.A.
Date: 5/31/2016
Re: Hazardous Building - 6649 167th Street West
Background
The residential building located at 6649 167th Street West is a problem property which
constitutes a hazard to public health and safety and needs either total repair or demolition. In the
fall of 2015, City staff received a complaint regarding the condition of the home. Following an
external inspection, which showed a hole in the roof, rotting windows and soffits, and a stone
wainscot falling off the home, the City revoked the Certificate of Occupancy and posted the site
as non -habitable. The City sent two letters to the property owner, noting the violations and
setting a date for compliance with the code. No work was done on the home.
On May 20, 2016, the City executed an Administrative Search Warrant at the Subject Property.
Pursuant to this investigation, the City discovered that, as a result of holes in the roof/ceiling and
subsequent water damage, the roof has partially collapsed, the interior walls of the home have
deteriorated and collapsed, wall material and insulation are strewn about the home, the home
contains excessive mold growth, and the floors are no longer structurally sound. Garbage, junk
and debris are strewn throughout the home. The home is vacant.
Because the issues existing inside the home constitute a hazard to public health and safety, the
City has the option of initiating a lawsuit pursuant to Minn. Stat. 463 to declare the home
"hazardous." Through this process, a court would issue an Order allowing the City to go onto the
property, repair or remove the home, and assess the costs of repair or removal against the
property. Additionally, all costs associated with this action, including staff and attorney fees, can
be collected as a special charge against the real estate, to be collected with the other taxes.
Our office is currently waiting to receive a report from a title company indicating all owners and
lienholders of the property as well as the legal description of the property. That information will
be included in the Order when we receive it.
Discussion
City staff recommends approval of a Resolution Ordering Correction or Removal of Hazardous
Conditions or Razing or Removal of Hazardous Building.
Action
Motion to approve Resolution Ordering Correction or Removal of Hazardous Conditions or
Razing or Removal of Hazardous Building.
187384v1
CITY OF LAKEVILLE
RESOLUTION NO.
A RESOLUTION ORDERING CORRECTION
OR REMOVAL OF HAZARDOUS
CONDITIONS OR RAZING OR REMOVAL
OF HAZARDOUS BUILDING
WHEREAS, the Building Official of the City of Lakeville has attempted without success to
have the owner of certain property at 6649 167th Street West, Lakeville, Minnesota, in the County
of Dakota ("Subject Property"), remedy the hazardous condition of the building on the Subject
Property; and
WHEREAS, the City Council has determined that the building on the Subject Property
constitutes a public health and safety hazard and is therefore a hazardous building within the
meaning of Minn. Stat. § 463.15, subd. 3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville,
Minnesota:
The City has fully considered all evidence relating to the hazardous condition of the
building on the Subject Property. Said evidence includes (i) February 25, 2016 letter
to property owner, (ii) April 21, 2016 letter to property owner; (iii) May 23, 2016
Memorandum from Building Official; and (iv) photographs date stamped
05/20/2016.
2. After fully considering all of the photographs, documents, and other evidence
pertaining to the hazardous condition of the building on the Subject Property, the
City of Lakeville finds:
a. In the fall of 2015, City staff received a complaint regarding the condition of
the residential building on the Subject Property. Following an external
inspection, which showed a hole in the roof, rotting windows and soffits, and
a stone wainscot falling off the building, the City revoked the Certificate of
Occupancy and posted the site as non -habitable.
b. On February 25, 2016, the City sent the property owner a letter noting the
violations of City Code and requiring action. No action was taken to correct
the violations.
C. On April 21, 2016, the City sent the property owner a letter noting the
violations of City Code and requiring action. No action was taken to correct
187376v2
the violations.
d. On May 20, 2016, the City executed an Administrative Search Warrant at
the Subject Property. Pursuant to this investigation, the City discovered that,
as a result of holes in the roof/ceiling and subsequent water damage, the roof
has partially collapsed, the interior walls of the building have deteriorated
and collapsed, wall material and insulation is strewn about the building, the
building contains excessive mold growth, and the floors are no longer
structurally sound. Garbage, junk and debris are strewn throughout the
building. The building is vacant.
e. The building on the Subject Property has not been maintained in good repair,
structurally sounds, and in a sanitary condition, in violation of the Lakeville
City Code Section 9-8-1 and International Property Maintenance Code, 2006
edition, Section 305.
f. Because of the inadequate maintenance, dilapidation, physical damage,
unsanitary condition, and abandonment noted above, the building located 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.
3. Pursuant to Minnesota Statutes § 463.15 et seq., the City hereby adopts and
approves the Order to Correct or Remove Hazardous Condition of Building or Raze
or Remove 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 to Correct or Remove Hazardous Condition of Building or Raze or Remove
Hazardous Building and to proceed with enforcement in accordance with Minn. Stat.
§ 463.15 et seq.
ADOPTED this day of
Lakeville, Minnesota.
2016, by the City Council of the City of
CITY OF LAKEVILLE
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
2
187376v2
EXHIBIT A
STATE OF MINNESOTA
COUNTY OF DAKOTA
IQ '
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: Other Civil
Court File No.
ORDER TO CORRECT OR REMOVE
The Matter of a Hazardous Property
Located at 6649 167th Street West, City
of Lakeville, Dakota County, Minnesota
TO: Owners and Iienholders of the above real estate:
HAZARDOUS CONDITIONS
OR RAZE OR REMOVE
HAZARDOUS BUILDING
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 building on the property located at 6649 167th Street West, Lakeville, Minnesota
55068 located in the County of Dakota, and legally described as follows:
In May of 2016, City staff inspected the interior of the above described building and
identified multiple violations of the Lakeville City Code which independently and together
constitute a condition hazard to public safety or health, making the building a hazardous building
under Minn. Stat. § 463.15. To date, no progress has been made toward correcting or removing
the hazardous conditions. The following violations must be completely corrected or removed, or
the building razed and removed, and the property inspected within twenty (20) days from the
date of service of this Order:
1. Remove all mold growing in the building
2. Repair holes in the roof/ceiling and collapsing roof
3. Remove and replace missing and damaged interior walls
187376v2
EXHIBIT A
4. Remove wall materials and insulation from throughout the building
5. Repair all floors so that they are structurally sound
6. Remove all garbage, junk, and debris from throughout the building
If you fail to remedy the hazardous conditions, the City will seek permission from the
District Court for the City to remove the hazardous conditions of the building, including
demolition of the building, destruction and removal of all personal property within the building,
and grading of the property. 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.
Dated: 92016 CAMPBELL KNUTSON
Professional Association
M
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
4
187376v2
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
Soren M. Mattick
187s76v2
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FINAL NOTICE OF VIOLATION
4/21/16
Diane Patricia Feldman
6649167 th Street West
Rosemount, MN 55068
PI D: 222117304100
RE: Property Maintenance located at 6649 167th Street West in Lakeville, MN
Dear Property Owner:
In a letter dated 2/25/16, City staff informed you that you were in violation of Lakeville
Property Maintainance Code (PMC). You were required to be in compliance with PMC
by 4/1/16. As of 4/15/16 the violation has not been corrected therefore this notice is
being mailed. Additional code violations were discovered and in violation of the PMC
and City Code as follows:
Violations.
1. PMC section 304.6 stated that all exterior walls shall be free from holes, breaks,
and loose or rotting material. The stone veneer is falling off the house.
2. PMC section. 304.7 stated that the roof shall be sound, tight and not have defects
that admit rain. Roof drainage shall be adequate to prevent dampness or
deterioration in the walls or interior portion of the structure. There is a large hole
on the roof.
3. City Code 6-2-10 stated that no motor vehicle shall be parked, kept or stored
outside on any premises if inoperable and not properly liscensed.
Required Action.
Properly fix the roof system and siding to be in compliance with PMC as mentioned
above and remove the junk vehicle. A third inspection will be conducted on May 3, 2016
to verify compliance with the requirements.
Penalties.
If the violation of city code is not corrected by such date, staff will notify the Police
Department to issue a citation and this issue will be forwarded to City Attorney for
condemnation proceedings and corrective work and re -inspection fees will be assessed
to the property. If you have any questions regarding this notice, please feel free to
contact me via email at gabbott _lakevillemn.gov or by phone at 952-985-4441.
Sincerely,
Gene Abbott
Building Official
20195 Holyoke Avenue, Lakeville, MN 55044
952-985-4400 • 952-985-4499 fax
www.lakevillemn.gov
City of Lakeville
VnCatin",0d fn "T�rivv
1St NOTICE OF VIOLATION
2/25/16
Diane Patricia Feldman
6649 167th Street West
Rosemount, MN 55068
PID: 222117304100
RE: Property Maintenance located at 6649 167th Street West in Lakeville, MN
Dear Property Owner:
City staff was contacted in August 2015 with a complaint regarding the condition of your
property and building located at 6649 167th Street West in Lakeville, Minnesota. At that
time due to the hazardous condition of the roof a "Do not occupy" notice was secured to
the home. The city's hope was that the condition would have been rectified prior to
winter in order to occupy the house. The condition has not been corrected therefore this
notice is being mailed. The property is in violation of the Lakeville Property Maintenance
Code (PMC) as follows:
Violations_
PMC section 304.7 stated that the roof shall be sound, tight and not have defects that
admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the
walls or interior portion of the structure.
Required Action.
Please properly fix the roof system to be in compliance with Lakeville Property
Maintainance Code mentioned above. A second inspection will be conducted on April
1, 2016 to verify compliance with the requirements.
Penalties.
If the violation of city ordinance is not corrected by such date, a $70 re -inspection fee
will be charged for the second inspection. A final notice will be sent and if after the third
inspection the above violations are not corrected, staff will notify the Police Department
to issue a citation in this matter and any unpaid re -inspection fees will be assessed to
the property. If you have any questions regarding this notice, please feel free to contact
me via email at gabbott _lakevillemn.gov or by phone at 952-985-4441.
Sincerely,
Gene Abbott
Building Official
Photos enclosed
20195 Holyoke Avenue, Lakeville, MN 55044
952-985-4400 •952-985-4499 fax
www.lakevillemn.gov