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