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HomeMy WebLinkAboutCity Council Resolution 2022-152 C ITY OF P LYMOUTH R ESOLUTION N O. 2022-152 R ESOLUTION O RDERING R EPAIR OR R EMOVAL OF H AZARDOUS B UILDING WHEREAS, the Housing Inspector of the City of Plymouth has attempted without success to have the owner of certain property remedy the hazardous condition of the primary structure situated on the property located at 2415 West Medicine Lake Drive, Plymouth, Minnesota; and WHEREAS, the City Council has determined that the building on the property constitutes a hazardous building within the meaning of Minnesota Statutes § 463.15, subd. 3. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that: 1. Pursuant to Minnesota Statutes § 463.16 et seq., the City hereby adopts and approves the Order For Repair Or Removal Of Hazardous Building attached hereto as Exhibit “A”. 2. The City of Plymouth finds that the condition of the primary structure located 2415 West Medicine Lake Drive, Plymouth, 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., is directed to serve the Demolition Order and to proceed with enforcement in accordance with Minnesota Statutes § 463.15 et seq. APPROVED by the City Council on this 24th day of May, 2022. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on May 24, 2022 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ___________day of __________________, __________. ____________________________________ Jodi M. Gallup, City Clerk 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 ORDER FOR REPAIR OR REMOVAL Located at 2415 West Medicine Lake OF HAZARDOUS BUILDING Drive, Plymouth, Hennepin County, Minnesota ______________________________________________________________________________ TO: Owners and lienholders of the above real estate: Lisa Christen, 2415 West Medicine Lake Drive, Plymouth, Minnesota PLEASE BE ADVISED that pursuant to order of the Plymouth 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 hazards and the hazardous condition of the property at 2415 West Medicine Lake Drive, Plymouth, Minnesota located in the County of Hennepin, and legally described as follows: Lot 24, Block 1, Elmhurst, Hennepin County, Minnesota. (“Subject Property”) On April 12, 2022, the City of Plymouth issued an Official Order for Demolition (“Demolition Order”). On May 5, 2022 the City of Plymouth issued an Official Order to Remove Rubbish (“Rubbish Order”). These Orders have been posted on the Subject Property and City Staff discussed the Orders with Ms. Christen. Ms. Christen is the property owner of record for the Subject Property. The Rubbish Order advised Ms. Christen to remedy the hazardous property no later than May 10, 2022. Mr. LaurentMs. Christen did not remedy the hazardous property by May 10, 2022. On _________, 2022, the Plymouth City Council adopted this Order for Repair or Removal of Hazardous Building. The City Council found that the primary structure on the 221708v1 Subject Property constituted a hazardous building within the meaning of Minn. Stat. § 463.5, subd. 3. Specifically, the Subject Property appears to beis damaged by fire and abandoned. The Subject Property has missing windows, deteriorating siding, and a roof in disrepair. The building is not secure. The Subject Property constitutes a nuisance, blight, and is a hazardous structure. The following conditions must be remedied and inspected within twenty (20) days from the date of service of this Order: 1. The primary structure is so damaged by fire that it is unreasonable to repair the structure and must be demolished and removed. The primary structure may collapse if not demolished due to fire damage on load bearing walls. 2. The primary structure, and the hazards inside, are not secure and are susceptible to intrusion from people and animals and constitute a significant safety concern. 3. The accumulations of garbage, rubbish, and unpermitted outdoor storage may attract vermin, vandalism, and is not in a safe and sanitary condition. 4. The Subject Property has been improperly abandoned and is vacant. If you fail to remedy the code violations, the City will seek permission from the District Court for the City to do so which may include razing the primary structure and requesting the site be secured by backfilling any void from removing the building. The City will move the District Court for summary enforcement of this Order pursuant to Minn. Stat. § 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 pursuant to Minn. Stat. § 463.18. 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 Minn. Stat. § 463.21. If you fail to remedy the code violations, you must remove all personal property or fixtures within twenty (20) days of service of this Order upon you pursuant to Minn. Stat. § 463.24. If the personal property or fixtures are not removed within that by time, then the 221708v1 City may sell the personal property or fixtures at public auction as provided in Minn. Stat. § 463.21 or the City may destroy the same. CAMPBELL KNUTSON Professional Association Dated: ________________ By______________________________ Soren M. Mattick, #27785X Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 (651) 452-5000 smattick@ck-law.com ACKNOWLEDGMENT The City of Plymouth, 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 § 549.211, subd. 1. Dated: ______________ __________________________________ Soren M. Mattick 221708v1