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Home My WebLink AboutLegal filings re: Hazardous Building STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil IN RE: Court File No. 27-CV-13-8875 The Matter of a Hazardous Building NOTICE OF MOTION AND located at 3320 Navarre Lane, City MOTION FOR SUMMARY of Orono, Hennepin County, Minnesota ENFORCEMENT PURSUANT TO MINN. STAT. § 463.19 TO THE FOLLOWING OWNERS AND LIENHOLDERS OF THE ABOVE REAL ESTATE: Paul J. Pascuzzi, 3320 Navarre Lane, Wayzata, Minnesota 55391; Norwest Mortgage, Inc., a California corporation, n/k/a Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc., c/o Corporation Service Company, 380 Jackson Street, #700, St. Paul, Minnesota 55101; Shapiro & Zielke, LLP, 12550 West Frontage Road, Suite 200, Burnsville, Minnesota 55337. PLEASE TAKE NOTICE that on Tuesday,June 18, 2013, at 1:30 p.m., or as soon thereafter as counsel may be heard at the Hennepin County Courthouse, 300 South Sixth Street, Minneapolis, Minnesota 55415, the City of Orono will move the above-named Court,pursuant to Minn. Stat. § 463.15 et seq. (2006), for an order granting default judgment to the City,providing for the summary enforcement of the Demolition Order for Removal of Hazardous Building of the City Council of the City of Orono dated April 8, 2013, authorizing the cost of the repairs, razing, correction, or removal to be specially assessed against the real property pursuant to Minn. Stat. §§ 429.061 and 429.081 (2006), payable in a single installment, and for other relief as the Court deems appropriate. This motion is based upon the following: 1. The provisions of Minn. Stat. §§ 429.061, 429.081 and 463.15 et seq.; 170485v1 M - 2. That the persons above named upon whom the Order was served have failed to answer or otherwise defend in the matter within the time allowed therefore by law; 3. That no action has been taken in compliance with the Order; and 4. All of the files, records, and proceedings herein. Dated: May 24, 2013 CAMPBELL KNUTSON Professional Association By: Soren M. Mattick, #27785X Campbell Knutson, P.A. Orono City Attorneys 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 ACKNOWLEDGMENT The undersigned hereby acknowledges that sanctions may be imposed pursuant to Minn. Stat. § 549.211. Soren M. Mattick, #27785X 170485v1 -2- REQUEST FOR COUNCIL ACTION DATE: April 8, 2013 ITEM NO: 1 5 Department Approval: Administrat Reviewed: Agenda Section: Name Lyle Oman 4,0. City Administrator's Title Building Official Report Item Description: Hazardous Building Action at 3320 Navarre Lane—Resolution Attachment: Draft Resolution City staff is requesting authorization to proceed with the abatement of the home located at 3320 Navarre Lane. The home is currently unoccupied and sustained extensive water damage. Building Official Oman has determined that the home is Hazardous as defined by Minnesota Statute 463. All costs associated with the abatement of the hazardous condition could be assessed against the property. ACTION REQUESTED: Motion to adopt the attached resolution ordering abatement of hazardous building at 3320 Navarre Lane, Orono, Minnesota. STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No. IN RE: The Matter of a Hazardous Building DEMOLITION ORDER Located at 3320 Navarre Lane, City of FOR REMOVAL OF A Orono, Hennepin County, Minnesota HAZARDOUS BUILDING TO: The following Owners and lien holders of the above real estate: Paul J. Pascuzzi, 3320 Navarre Lane, Wayzata, Minnesota 55391; Norwest Mortgage, Inc., a California corporation, n/k/a Wells Fargo Bank,N.A., successor by merger to Wells Fargo Home Mortgage, Inc., c/o Corporation Service Company, 380 Jackson Street, #700, St. Paul, Minnesota 55101; Shapiro &Zielke, LLP, 12550 West Frontage Road, Suite 200, Burnsville, Minnesota 55337. PLEASE BE ADVISED that pursuant to order of the Orono 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 hazard and the hazardous condition of the building situated on property at 3320 Navarre Lane, City of Orono, County of Hennepin, State of Minnesota, and legally described as follows: Lot 1, Wiley's Navarre Addition,Lake Minnetonka,Hennepin County,Minnesota The Chief Building Official for the City of Orono has inspected the above referenced property. The subject property contains an abandoned single family dwelling destroyed by water due to frozen pipes bursting and causing several feet of water to accumulate in the basement. The inspections revealed that the house as presently situated on the property is unfit for human habitation and the property constitutes a health and safety hazard to the residents of the City of Orono. All personal property and fixtures shall be removed from the building within twenty(20) days from the date of service of this Order. 169626 1 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 upon you. 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 Minnesota Statutes § 463.21. Dated: , 2013. CAMPBELL KNUTSON Professional Association By: Soren M. Mattick, #27785X 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: , 2013. Soren M. Mattick, #27785X 169626 2 CITY OF ORONO DR HENNEPIN COUNTY,MINNESOTA R r RESOLUTION Date Resolution Motion By Seconded By • RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING WHEREAS,the Chief Building Official of the City of Orono has attempted without success to have the owner of certain property remedy the hazardous condition of the unoccupied residence and property due to extensive water damage situated on property at 3320 Navarre Lane, Orono,Minnesota; and WHEREAS,the City Council has determined that the residence on the property constitutes a hazardous building and is a health and safety hazard within the meaning of Minnesota Statutes § 463.15, Subd. 3; and NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Orono, Minnesota: 1. Pursuant to Minnesota Statutes § 463.16 et q.,the City hereby adopts and approves the Demolition Order for Removal of Hazardous Building attached hereto as Exhibit"A". 2. The City of Orono finds that the condition of the property located at 3320 Navarre Lane, Orono,Minnesota,is a health and safety hazard and contains a hazardous building 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 seq. ADOPTED this day of ,2013,by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: Lili McMillan,Mayor ATTEST: Rachel Dodge,City Clerk 169627