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
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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
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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
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