HomeMy WebLinkAbout16-075CITY OF LAKEVILLE
RESOLUTION NO. 16-75
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:
1. 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
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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 roo6ceiling 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 by the Lakeville City Council this 6th day of June, 2016
CITY OF LAKEVILLE
By:
MaA Little, Ma or
ATT T.
,di��-
Charlene Friedges, City k
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EXHIBIT A
STATE OF MINNESOTA
COUNTY OF DAKOTA
IN RE:
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: Other Civil
Court File No.
TO: Owners and lienholders of the above real estate:
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
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ORDER TO CORRECT OR REMOVE
The Matter of a Hazardous Property
HAZARDOUS CONDITIONS
Located at 6649 167th Street West, City
OR RAZE OR REMOVE
of Lakeville, Dakota County, Minnesota
HAZARDOUS BUILDING
TO: Owners and lienholders of the above real estate:
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
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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: , 2016 CAMPBELL KNUTSON
Professional Association
LIM
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
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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
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