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Home My WebLink AboutRE: request for council action i REQUEST FOR COUNCIL ACTION DATE: July 25, 2011 ITEM NO: 13 Department Approval- Administrator Reviewed: Agenda Section: Name Soren Mattick City Attorney's Report Title City Attorney ((tel Item Description: Hazardous Building Action at 3645 Togo Road—Resolution Attachment: Draft Resolution Demolition Order for Removal of Hazardous Buildings and Abatement of Hazardous Property Memo from Lyle Oman Building Official Background The property located at 3645 Togo Road has gone into foreclosure and is currently unoccupied. At some point during the foreclosure, the furnace and other mechanicals were removed and the house was not winterized. Due to the lack of mechanicals and winterization, the water pipes burst and the basement filled with water. The house now has considerable mold and rot. The roof is failing in 4 locations due to leakage. The majority of the foundation is under water and is likely damaged due to the freezing of the standing water. The house and yard are also full of debris and refuse. The city notified the bank that owns the property that it was open to trespass and sent orders to secure the building. The city received no response from the bank and the city hired a contractor to secure the building. Based on the findings in the attached report, staff recommends proceeding with a Hazardous Building Action. It is anticipated that all remediation and legal expenses associated with this cause of action will be assessed against the property. ACTION REQUESTED: Motion to adopt the attached resolution ordering abatement of hazardous building at 3645 Togo Road, Orono, MN. r RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING WHEREAS,the Building Inspector of the City of Orono has attempted without success to have the owner of certain property remedy the hazardous condition of the house, foundation, detached structures, and yard debris situated on property at 3645 Togo Road,Orono,Minnesota; and WHEREAS,the City Council has determined that the condition of the buildings and property located at 3645 Togo Road constitutes a Hazardous Building and Hazardous Property within the meaning of Minnesota Statutes § 463.15, Subd. 3. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Orono, Minnesota: 1. Pursuant to Minnesota Statutes § 463.16 et SeMc.,the City hereby adopts and approves the Demolition Order for Removal of Hazardous Buildings and Abatement of Hazardous Property attached hereto as Exhibit"A". 2. The City of Orono finds that the condition of the property located at 3645 Togo Road, Orono,Minnesota,is a health and safety hazard and contains Hazardous Buildings and conditions resulting in a Hazardous Property within the meaning of Minn. Stat. § 463.15, Subd. 3. 3. The City's legal counsel,Campbell Knutson,P.A., 317 Eagandale Office Center, 1380 Corporate Center Curve,Eagan,Minnesota 55121,is directed to serve the Demolition Order and to proceed with enforcement in accordance with Minnesota Statutes § 463.15 et M. ADOPTED this 25th day of July,2011,by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: Lili McMillan,Mayor ATTEST: Linda S. Vee, City Clerk 158653 EXHIBIT"A" STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil IN RE: Court File No. The Matter of a Hazardous Building DEMOLITION ORDER FOR Located at 3645 Togo Road, City of REMOVAL OF HAZARDOUS Orono,Hennepin County,Minnesota BUILDINGS AND ABATEMENT OF HAZARDOUS PROPERTY TO: Owners and lienholders of the above real estate: The Bank of New York Mellon, as Trustee for the Registered Holders of the i Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2003-AM1; Barry Hughes; and Rebecca J.Reed. PLEASE BE ADVISED that pursuant to order of the Orono City Council and by authority of Minnesota Statutes §463.15 et M., you have twenty(20)days from the date of service of this Order upon you,to remedy the hazardous condition of the buildings and health and safety hazards of the property situated at 3645 Togo Road,City of Orono, County of Hennepin, State of Minnesota, and legally described as follows: The West 70 feet of the North 250 feet of Lot 6, Block 10, Townsite of Langdon Park, Hennepin County, Minnesota P.I.N. 17-117-23-31-0034 The Building Inspector for the City of Orono has inspected the above referenced property. A copy of the Building Inspector's report is attached as Exhibit"A". The inspections revealed that the condition of the house and foundation,detached garage and other structures, and yard debris presently situated on the property, are unsafe,and constitute a health,safety, and fire hazard to the residents of the City of Orono. All personal property and fixtures shall be removed from the buildings and property within twenty(20) days from the date of service of this Order. If you fail to remedy the situation the City will seek permission from the District Court for the City to do so. The City will move the District Court for summary enforcement of this Order pursuant to Minnesota Statutes §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 i upon you. Upon enforcement of the Order by the City, all costs,including attorneys' fees, expended by the City will be assessed against the real property and collected as other taxes as provided in Minnesota Statutes § 463.21. Dated: ,2011 CAMPBELL KNUTSON Professional Association By: Soren M. Mattick,#27785X Orono City Attorney 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: (651)452-5000 ACKNOWLEDGMENT The City of Orono,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 § 549.21, Subd. 2. Dated: , 2011. Soren M.Mattick,#27785X 158654 2 July 13, 2011 To: Prosecuting Attorney. Sorren Mattick From: Lyle Oman, Orono Building Official Subject: Hazardous Building Inspection at 3645 Togo Road, Orono MN Based on a recent administrative search warrant, I conducted an inspection of the above referenced property. The property is in foreclosure and has been stripped of Plumbing, mechanicals and other valuables. The city has received numerous complaints about the property regarding junk and debris in the yard and the building has been left unsecured allowing trespass. The water was not shut off and water pipes burst due to freezing. The basement has had three to four feet of standing water for over 6 months. The purpose of the search warrant and inspection was to determine structural soundness and habitability of the house and other nuisance or unhealthy conditions. Based upon my June 28, 2010 inspection it is my recommendation that the structures on the property be demolished and the foundations removed and filled in. Under 1311.0206 Section 206 of the 2007 Minnesota State Building Code "Unsafe Buildings or Structures" it states (and paraphrase) All buildings or structures regulated by these guidelines that are structurally unsafe or that are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. All unsafe buildings, structures or appendages are public nuisances and must be abated by repair, rehabilitation, demolition, or removal, according to Minnesota Statutes, sections 463.1 to 463.26. As the City of Orono Building Official, I submit that the house, garage, trailers, garbage, junk, and all other remaining materials at 3645 Togo Road be declared a public nuisance and be removed, demolished, and foundations filled in, as permanent relief of this neighborhood nuisance. I offer the following descriptions as support for the request to abate: 1) The home is vacant, left open to trespass and attempts to contact responsible parties has failed. 2) The house did not receive winterization and subsequently the plumbing froze and split filling the basement of the house completely full of water. This eventually froze solid and undoubtedly caused severe damage to the foundation and possible structural failure of the house. Three to four feet of water remain in the basement. 3) The excessive moisture in the house has caused mold to flourish throughout the building. The paint is falling of walls and ceilings. 4) A roof leak in an upper bedroom has caused the roof to sag and is danger of collapse. 5) A roof leak in an front porch has caused the roof to sag and is danger of collapse. 6) The furnace has been removed and there is no other heat supply. This is a violation of International Building Code section 303.8. 7) The water heater and other plumbing have been removed causing unsanitary conditions. 8) The entire house is full of trash and garbage causing unsanitary conditions. 9) The attached garage roof has collapsed and is open to the elements. 10)The property is covered with junk and debris and 2 abandon trailers causing a nuisance for the neighborhood. See attached photos. The city would like to take immediate action to have the house and garage demolished and hauled away. The foundation needs to be removed and clean fill placed in the excavated areas. The trailers and other junk/garbage need to be removed from the property and properly disposed of. Any areas of the yard that were excavated or disturbed should have the lawn re-established to prevent erosion and growth of noxious weeds. Thank you for your attention to this matter. Sincerely, Lyle Oman, Orono Building Official ass` i 4 A 24 � a • � S "WWI M 1 !�;.•.z;.� - CD CD .` tt N N � MM � W co ln' v4 AIL- Ott P 41 0 \ NJ � a e ^ ' '� rJ t �,r� � O O C ` N + N co N " N .<'�