HomeMy WebLinkAboutrequest for council action-hazardous bldg REQUEST FOR COUNCIL ACTION
DATE: June 11, 2012
ITEM NO: � �
Department Approval: Administrator Reviewed: Agenda Section:
Name Soren Mattick City Attorney's Report
Title City Attorney
Item Description: Hazardous Building Action at 325 Crestview Avenue—Resolution
Attachment: Draft Resolution
Demolition Order for Removal of a Hazardous Building
The home located at 325 Crestview sustained significant damage as the result of a fire on July 4,
2011. The house can not be salvaged as a result of the fire. The City Staff has had several
conversations with the property owner about when the home will be demolished and has never
received a commitment on when the work will be performed. The home, in its current condition,
is a Hazardous Building pursuant to Minn. Stat. 463 and needs to be demolished.
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 325
Crestview Avenue, Orono, MN.
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 due to fire situated on property at 325 Crestview Avenue, Orono, Minnesota; and
WHEREAS,the City Council has determined that the residence on the property constitutes
a hazardous building and is a health 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 seg.,the City hereby adopts and approves the
Demolition Order for Removal of Hazardous Building attached hereto as E�ibit"A".
2. The City of Orono finds that the condition of the property located at 325 Crestview Avenue,
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 se�c.
ADOPTED this 1 lth day of June, 2012,by the City Council of the City of Orono,
Minnesota.
CITY OF ORONO
By:
Lili Tod McMillan, Mayor
ATTEST:
Linda S. Vee, City Clerk
164683
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 325 Crestview Avenue, FOR REMOVAL OF A
City of Orono, Hennepin County, Minnesota HAZARDOUS BUILDING
TO: The following Owners and Lien Holders of the above real estate: Wendy Sullivan, 325
Crestview Avenue, Orono, Minnesota 55356; Wendy Sullivan, 1600 Carriage Path, Minneapolis,
Minnesota 55422; Bank of America, NA, successor by merger to Countrywide Bank, fsb, 1000
West Temple Street, CA9-705-OS-19, Los Angeles, California 90012-1514; Franklin National
Bank of Minneapolis, 525 Washington Avenue North, Minneapolis, Minnesota 55401; Citibank,
Federal Savings Bank, c/o Citibank Legal Services Intake, 1 Court Square, lOth Floor, Long
Island City, New York 11120; Specialty Contracting Services, Inc., d/b/a ServiceMaster, 9702
85t� Avenue North, Maple Grove, Minnesota 55369; William L. Sullivan, 325 Crestview
Avenue, Orono, Minnesota 55356; and William L. Sullivan; 1600 Carriage Path, Minneapolis,
Minnesota 55422.
PLEASE BE ADVISED that pursuant to order of the Orono City Council and by
authority of Minnesota Statutes § 463.15 et seg., 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 325 Crestview Avenue, City of Orono, County of
Hennepin, State of Minnesota, and legally described as follows:
Lots 3, 4 and S, BaysideAddition to Lake Minnetonka,Hennepin County,Minnesota
The Chief Building Official for the City of Orono has inspected the above referenced property.
The subject property contains a single family detached dwelling destroyed by fire. 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
164684 �
property and fixtures shall be removed from the building 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 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: , 2012. 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: , 2012.
Soren M. Mattick, #27785X
164684 2