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HomeMy WebLinkAboutCity Council Resolution 1990-473City of Plymouth Resolution No. 70 _ f//j RESOLUTION ORDERING ABATEMENT OF HAZARDOUS CONDITIONS EXISTING AT 2725 KIRKWOOD LANE IN THE CITY OF PLYMOUTH WHEREAS, the building official of the City of Plymouth has determined that the house located at the foregoing address is a hazardous building within the meaning of Minn. Stat. Section 463.15, subd. 3; and WHEREAS, the City Council has reviewed the written report of the building official, and agrees with the foregoing determination. NOW, THEREFORE BE IT RESOLVED by the City of Plymouth as follows: 1. City of Plymouth finds that the building located at 2725 Kirkwood Lane in the City of Plymouth, legally described as Lot 6, Block 3, "Elmhurst Lakeview", according to the plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, is a hazardous building within the meaning of Minn. Stat. Section 463.15, subd. 3. 2. An abatement order substantially similar to that attached hereto and incorporated by reference herein as Exhibit A shall be served upon all required parties in order to effectuate this resolution. 3. The City Attorney is authorized to take all necessary legal steps to obtain compliance with the Order for Abatement. The City Attorney shall seek to recover all expenses incurred in carrying out this order as provided by law. DATED:By / a r 0 STATE OF MINNESOTA COUNTY OF HENNEPIN OTHER CIVIL DISTRICT COURT FOURTH JUDICIAL DISTRICT In the Matter of the Hazardous ) Building located at 2725 Kirkwood Lane,) ORDER FOR ABATEMENT OF Plymouth, Minnesota 55447 ) A HAZARDOUS BUILDING TO: Owners and lienholders of the above real estate; Heirs of Etta Hess, P.O. Box 19075, Minneapolis, MN 55419; Dorries M. Sorenson, Orville J. Blocker. The City Council of the City of Plymouth orders that within twenty (20) days of service of this order upon you, that you abate the hazardous conditions which exist on the above property, legally described as Lot 6, Block 3, "Elmhurst Lakeview", according to the plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. The City of Plymouth makes this order pursuant to Minn. Stat. Section 463.15 to 463.261, and based upon the authorization of resolution no. fD- `i73 . a copy of which is attached hereto and incorporated by reference herein. The basis for this order in more detail is set forth as follows and in the demolition order dated August 9, 1989, attached hereto and incorporated by reference herein: 1. The roof is in poor condition. A portion of the roof over the addition has caved in. 2. There is a lack of adequate foundation under the addition at the rear of the structure, which is settling and showing signs of pulling away from the main structure of the house. 3. The floor in the kitchen area has given way, apparently caving in to the weight of the stove. 4. There are numerous windows with broken panes throughout the exterior of the house. Scattered debris is present throughout the house, blocking access to the crawl space. 5. There appears to be an infestation of insects and rodents within the structure, which is generally in a state of delapidation and improper maintenance. 6. The living room floor is caving in under the weight of the dresser. 7. Within the small bathroom, there is a lack of adequate plumbing fixtures. 8. The property appears to be abandoned and in such condition as to be a potentially dangerous attraction to children. The condition of the property poses a potential threat to persons who would enter. 9. The building appears to be a fire hazard as combustible framing members are not adequately protected from the risk of fire. 10. The City Council finds that the building is hazardous within the meaning of Minn. Stat. 5463.15, subd. 3. As a result of the foregoing, and pursuant to the above -referenced statutes, It is hereby ORDERED that you abate the above hazardous condition within twenty (20) days of the date of service of this ORDER. Abatement may be by correcting all of the foregoing deficiencies or by removing the building in its entirety from the property. You are further advised that unless such corrective action is taken or an Answer is saved on the City of Plymouth and filed with the Hennepin County District Court Administrator within twenty (20) days of the date of service of this Order upon you, a Motion for Summary Judgment of this Order will be made to the Hennepin County District Court. You are further advised that if the City of Plymouth is compelled to take any corrective action herein, all necessary costs incurred in the corrective action will be assessed against the property pursuant to Minn. Stat. Section 463.21. In connection thereto, the City intends to recover all other expenses incurred in carrying out this Order, including specifically, but not exclusively, filing fees, service fees, publication fees, attorneys fees, appraisers fees, title search expenses, witness fees, including expert witness fees and traveling expenses incurred by the City from the time this Order was originally made pursuant to Minn. Stat. Section 463.22. DATED: Z ZY0 City of Plymouth F0",A,, � I _ Attest: diL-'IU� City Clerk HOLMES & GRAVEN, CHARTERED By Paul Baertschi # 470 Pillsbury Center Minneapolis,MN 55402 (612) 337-9300