HomeMy WebLinkAboutItem 06.f
June 19, 2017 Item No.
Resolution Calling Public Hearing to Specially Assess Unpaid Demolition Charges to the
County Auditor-Treasurer
Proposed Action
Staff recommends adoption of the following motion: Move to approve Resolution calling Public
Hearing to Specially Assess Unpaid Demolition Charges to the County Auditor – Treasurer.
Overview
On May 3, 2017, the City went before the District Court to request approval of expenses incurred
in enforcing the City’s order for removal of hazardous buildings pursuant to Minn. Stat 463.21 &
463.22 on properties located at 11311 178th Street West and 6649 167th Street. The District Court
ordered that the City’s costs of removal and correction of the hazardous conditions in the amount
of $31,110 and $44,300, respectively, were approved and directed the City to proceed with recovery
of these costs pursuant to the special assessment procedure outlined in Minn. Stat. 429.061 and
429.081. In addition to certifying the unpaid amount, the City also collects interest at a rate of 18%
per annum of the amount unpaid for the period July 5, 2017 until December 31, 2018.
In addition to the demolition charges the City incurred legal fees, the Court ordered that the
property owner has until October 1st to pay the legal fees otherwise the legal fees can also be
assessed. If applicable, the assessment of legal fees will be handled in a separate public hearing and
council action.
Primary Issues to Consider
None
Supporting Information
Resolution
District Court Order for Judgement and Judgement Allowing and Certifying Expenses
- property address 11311 178th Street West
District Court Order for Judgement and Judgement Allowing and Certifying Expenses
- property address 6649 167th Street
Financial Impact: $ Budgeted: Y☐ N☒ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: David Olson, Community and Economic Development Director and Julie
Werner, Assistant Finance Director
75,410
CITY OF LAKEVILLE
RESOLUTION No______
RESOLUTION CALLING PUBLIC HEARING TO SPECIALLY ASSESS
UNPAID DEMOLITION CHARGES TO THE COUNTY AUDITOR-TREASURER
WHEREAS, Minn. Stat, 429.101 authorizes the City to special assess for the
removal or elimination of public health or safety hazards from private property (“special
charges”); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lakeville:
1. A public hearing shall be held on July 5, 2017 at the Lakeville Council Chambers,
20195 Holyoke Avenue, at 7:00 p.m. to consider certifying unpaid demolition
charges to the County Auditor-Treasurer for collection with taxes and assessment
of special charges.
2. The City Clerk is hereby directed to cause a notice of the hearing to be published
once in the official newspaper at least two (2) weeks prior to the hearing. The City
Clerk shall also cause mailed notice to be given to the owner of each parcel
described in the unpaid demolition charge list not less than two (2) weeks prior to
the hearing.
ADOPTED this 19th day of June, 2017 by the City Council of the City of
Lakeville.
CITY OF LAKEVILLE
By: ________________________________
Douglas P. Anderson
ATTEST:
________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
CASE TYPE: Other Civil
IN RE: Court File No.: 19HA-CV-16-1819
The Matter of 3 Hazardous Building ORDER FOR JUDGMENT
Located at 1131 l 178dl Street West, AND JUDGMENT ALLOWING
City of Lakeville, Dakota County, Minnesota AND CERTIFYING EXPENSES
On May 3, 2017 at 9:00 a.m., the above-entitled matter came on for hearing before the
undersigned Judge of First Judicial District Court, on the City of Lakeville’s request for approval
of expenses incurred in enforcing the City’s Order for Repair or Removal of Hazardous
Building, relating to the property located at 11311 178th Street West, Lakeville, Minnesota,
pursuant to Minn. Stat. §§ 463 .21 & 463.22.
The City was represented by its attorney, Amy B. Schutt, of Campbell Knutson,
Professional Association, 860 Blue Gentian Road, Suite 290, Eagan, Minnesota, 55121. The
Property Owner did not appear.
Based on the pleadings, all files, records and proceedings in the above-entitled matter:
IT IS HEREBY ORDERED:
I.
1. The City’s costs of removal and correction of the hazardous condition in the
amount of 331,1 10.00 are hereby approved.
2. The City is directed to proceed with recovery of these costs pursuant to the special
assessment procedure outlined in Minn. Stat. §§ 429.061 to‘429.081.
II.
1. The City’s Expense Account in the amount of $9,350.62 is hereby approved and
certified to the Lakeville City Clerk.
FILED FIRSTMDICIAI 013mm
DAKOTA COUNTYl Coufl Adminhlatnr
MAY 02 2017
l9l921vl
19HA-CV-16-1819Electronically Served
5/3/2017 12:35:52 PM
Dakota County, MN
2. If the Property Owner(s) do not pay the total balance of the City’s Expense
Account by October 1, 2017, the Lakeville City Clerk is directed to certify the amount of the
expenses to the Dakota County Auditor for entry on the tax rolls of the county as a special charge
against the subject property, legally described as:
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.
to be collected in the same manner as other taxes and the amount so collected shall be paid to the
City of Lakeville, Minnesota.
LET JUDGMENT BE ENTERED ACCORDINGLY.
(—.
DATED: .3 BY THE COURT:
r‘
Honorable
Judge of District Court
JUDGMENT
I hereby certify that the above Order constitutes the entry of Judgment of the Court.
l9l921vl
19HA-CV-16-1819
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT .
CASE TYPE: Other Civil E
IN RE: Court File No.: l9HA-CV-l6-2473
I
The Matter of a Hazardous Building ORDER FOR JUDGMENT
Located at 6649 167‘“ Street West, AND JUDGMENT ALLOWING
City of Lakeville, Dakota County, Minnesota AND CERTIFYIN G EXPENSES
On May 3, 2017 at 9:00 a.m., the above-entitled matter came on for hearing before the
undersigned Judge of First Judicial District Court, on the City of Lakeville’s request for approval ._
of expenses incurred in enforcing the City’s Order to Correct or Remove Hazardous Conditions
urr'F
or Raze or Remove Hazardous Building, relating to the property located at 6649 167th Street
West, Lakeville, Minnesota, pursuant to Minn. Stat. §§ 463.21 & 463.22.
The City was represented by its attorney, Amy B. Schutt, of Campbell Knutson,
Professional Association, 860 Blue Gentian Road, Suite 290, Eagan, Minnesota, 55121. The
Property Owner did not appear.
Based on the pleadings, all files, records and proceedings in the above-entitled matter:
IT IS HEREBY ORDERED:
I.
1. The City’s costs of removal and correction of the hazardous condition in the
amount of $44,300.00 are hereby approved.
2. The City is directed to proceed with recovery of these costs pursuant to the special
assessment procedure outlined in Minn. Stat. §§ 429.061 to 429.081.
11.
1. The City’s Expense Account in the amount of $9,764.14 is hereby approved and
certified to the Lakevrlle City Clerk.
FIE) FEST mm woncummnm
MAY 02 2017
191920VI
19HA-CV-16-2473Electronically Served
5/3/2017 11:40:47 AM
Dakota County, MN
2. If the Property Owner(s) do not pay the total balance of the City’s Expense
Account by October 1, 2017, the Lakeville City Clerk is directed to certify the amount of the
expenses to the Dakota County Auditor for entry on the tax rolls of the county as a special charge
against the subject property, legally described as:
Lot 10, Block 4, Donnay’s Valley Park 4th Addition, Dakota County, Minnesota
to be collected in the same manner as other taxes and the amount so collected shall be paid to the
City of Lakeville, Minnesota.
LET JUDGMENT BE ENTERED ACCORDINGLY.
ZZZ/f E DATED:
'
BY THE COURT:
Honorable it“ p L, ($s (750W
Judge of District Court
w-r
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JUDGMENT
I hereby certify that the above Order constitutes the entry of Judgment of the Court.
Dated: 512 ,2017
191920Vl
19HA-CV-16-2473