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Home My WebLink AboutItem 08July 5, 2017 Item No. Resolution Specially Assessing Unpaid Demolition Charges to the County Auditor-Treasurer Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution Specially Assessing 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. 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 SPECIALLY ASSESSING 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”). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville: 1. Assessment No. 1358 in the amount of $95,640.54 relating to the specially assessing unpaid demolition charges is calculated as follows: Total unpaid demolition charges 75,410.00$ Interest 20,230.54$ Total certified 95,640.54$ The proposed assessment (Exhibit A), a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute a special assessment against the lands named therein. The amounts certified shall bear interest from the date of this resolution until December 31, 2018 at the rate of eighteen percent (18%) per annum. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay to the City Treasurer the whole of the assessment on such property, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before December 31, 2017, or interest will be charged through December 31 of the succeeding year. A copy of this resolution, together with the assessment roll, is to be forwarded to the Dakota County Treasurer/Auditor for collection with other taxes. ADOPTED this 5th day of July, 2017 by the City Council of the City of Lakeville. CITY OF LAKEVILLE By: ________________________________ Douglas P. Anderson ATTEST: ________________________________ Charlene Friedges, City Clerk Exhibit AName Address Tax Roll NumberDemolition Charges 18% Annual InterestTotal AssessmentMichelle Boyd 11311 178th Street West 227589003040 31,110.00$ 8,346.00$ 39,456.00$ Diane Feldman 6649 167th Street 222117304100 44,300.00$ 11,884.54$ 56,184.54$ TOTALS 75,410.00$ 20,230.54$ 95,640.54$ 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 w» JUDGMENT I hereby certify that the above Order constitutes the entry of Judgment of the Court. Dated: 512 ,2017 191920Vl 19HA-CV-16-2473