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HomeMy WebLinkAboutCity Council Resolution 2014-112CITY OF PLYMOUTH RESOLUTION No. 2014-112 A RESOLUTION ORDERING SECURING, ABATEMENT AND DEMOLITION OF A HAZARDOUS BUILDING WHEREAS, a Housing Inspector for the City of Plymouth has attempted without success to have the owner of certain property remedy the hazardous and unsafe condition of the uninhabitable structure situated on property at 12125 24th Avenue North, Plymouth, Minnesota 55447 ("Subject Property") in Hennepin County; and WHEREAS, the City Council has determined that the building on the Subject Property constitutes a hazardous building and is a health and safety hazard within the meaning of Minn. Stat. § 463.15, subd. 3; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: The City has fully considered all evidence relating to the code violations at the Subject Property. Said evidence is attached hereto as Exhibit A. Exhibit A includes the following documents: a. Ownership Documents: 1. Parcel Data for Taxes Payable 2014 2. Contract for Deed dated September 30, 1995 3. Mortgage dated April 8, 2005 b. Demolition Order/Inspector's Report dated February 12, 2014 C. Photographs of the Subject Property taken in February of 2014 d. Correspondence: A letter to Mr. Ronald and Mrs. Joyce Luoma dated February 13, 2014 from Housing Inspector Warren Kulesa; 2. A letter to Ms. Edythe McEwen dated February 13, 2014 from Housing Inspector Warren Kulesa 175522v4 2. After fully considering all of the reports, photographs, documents, and other evidence pertaining to the code violations at the Subject Property, the City of Plymouth finds: a. Ms. Edythe McEwen is the listed taxpayer of the Subject Property. Mr. and Mrs. Luoma are listed as the owners of the Subject Property. Mr. Terence Mclain and Ms. Edythe McEwen entered into a mortgage agreement for the Subject Property. The lienholders of the Subject Property are as follows: U.S. Bank Association N.D. b. Housing Inspector Warren Kulesa has made repeated efforts without success to have the owner or other interested parties remedy the code violations. The letters dated February 13, 2014, notified the owner and other interested parties of the code violations. The owner and the other interested parties have not taken any action to remedy the code violations. C. The condition of the property located at 12125 24th Avenue North, Plymouth, Minnesota 55447, in Hennepin County, is a health and safety hazard and poses a hazard to public safety or health and is therefore a Hazardous Property within the meaning of Minn. Stat. § 463.15, subd. 3. d. On December 31, 2013, a fire occurred at the Subject Property, and the home located on the property was severely damaged. e. The gable roof has substantial fire damage. The roof is missing in some places, and a part of the roof has collapsed. This constitutes a violation of Plymouth City Code § 905.01 and International Fire Code (IFC) § 101.1.2. f The exterior, bearing, and non-bearing walls are partially burned away and have water and fire damage. This constitutes a violation of Plymouth City Code § 905.01 and IFC § 101.1.2. g. The windows are all broken as a result of the fire or venting by the Fire Department. The sills have been damaged in the fire or are missing. This constitutes a violation of Plymouth City Code § 905.1 and IFC § 311.3. h. Access to the basement has been obstructed due to fire damage. This constitutes a violation of Plymouth City Code § 905.1 and IFC § 1003.6. The floors and ceilings have fire damage. Parts of the floors and ceilings are missing or collapsed due to fire damage. This constitutes a violation of Plymouth City Code § 905.01 and IFC § 101.1.2. Access to the heating plant, mechanical equipment, electrical systems, plumbing, and bathroom facilities was obstructed. These systems likely sustained fire and water damage. The cooking facilities had fire damage. 175522v4 This constitutes a violation of Plymouth City Code § 905.01 and IFC § 101.1.1. k. The building has not been properly secured. 3. Pursuant to Minnesota Statutes § 463.16 et seq., the City hereby adopts and approves the Demolition Order for Repair or Removal of Hazardous Building attached hereto as Exhibit B and the Order to Secure Vacant Building by the installation of a fence attached hereto as Exhibit C. 4. 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 order requiring that the building be secured by the installation of a fence in accordance with Minnesota Statutes § 463.251 and to serve the Order for Repair or Removal of Hazardous Building and to proceed with enforcement in accordance with Minn. Stat. § 463.15 et seq. ADOPTED this 8th day of April, 2014. 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 April 8, 2014, 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 8th day of April, 2014. City Clerk 175522v4 STATE OF MINNESOTA COUNTY OF HENNEPIN IN RE: The Matter of a Hazardous Building Located at 12125 24th Avenue North City of Plymouth, Hennepin County, Minnesota DISTRICT COURT FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No. DEMOLITION ORDER FOR REPAIR OR REMOVAL OF HAZARDOUS BUILDING TO: Owners and lienholders of the above real estate: Terence G. McLain and Edythe McEwen, 12125 24th Avenue North, Plymouth, Minnesota 55447; Terence G. McLain and Edythe McEwen, 2705 Kirkwood Lane North, Plymouth, Minnesota 55447; Ronald H. Luoma and Joyce E.C. Luoma, 2464 Hemlock Lane North, Plymouth, Minnesota 55441; U.S. Bank, National Association N.D., 505 Second Avenue North, Fargo, North Dakota 58102; Primus Law Office, P.A., 331 Second Avenue South, Suite 710, Minneapolis, Minnesota 55401; River City Financial, LLC, 1895 Plaza Drive, Suite 250, Eagan, Minnesota 55122. 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 12125 24th Avenue North, Plymouth, MN 55447, located in the County of Hennepin, and legally described as follows: LOT SEVEN (7), BLOCK FOUR (4), ELMHURST, TOWN OF PLYMOUTH, ACCORDING TO THE RECORDED PLAT THEREOF ON FILE AND ON RECORD IN THE OFFICE OF THE REGISTER OF DEEDS IN AND FOR HENNEPIN COUNTY, MINNESOTA. (PID 426-118-22-21-0068) On December 31, 2013, a fire occurred at 12125 24th Avenue North, Plymouth, MN 55447 [hereinafter: Subject Property]. On February 12, 2014, a Housing Inspector for the City EXHIBITI B 175522v4 of Plymouth inspected the property at the Subject Property. The inspection revealed that the Subject Property constitutes a health and safety hazard to the residents of the City of Plymouth. Specifically, the fire caused substantial damage to the Subject Property. The structure at the Subject Property is at risk of collapsing. The City of Plymouth has notified you of the following conditions and demanded that you remedy all health and safety hazards and hazardous conditions of the Subject Property. To date, you have failed to contact the City. You have not made any corrections to remedy the hazardous conditions at the Subject Property. The following conditions must be remedied and inspected within twenty (20) days from the date of service of this Order: The gable roof has substantial fire damage. The roof is missing in some places, and a part of the roof has collapsed. Plymouth City Code § 905.01; International Fire Code (IFC) § 101.1.2. 2. The exterior, bearing, and non-bearing walls are partially burned away and have water and fire damage. Plymouth City Code §§ 605.01, subdiv. 1, 2, 905.01; IFC 6 101.1.2. The windows are all broken as a result of the fire or venting by the Fire Department. The sills have been damaged in the fire or are missing. Plymouth City Code § 905.1; IFC § 311.3. 4. Access to the basement has been obstructed due to fire damage. Plymouth City Code § 905.1; IFC § 1003.6. The floors and ceilings have fire damage. Parts of the floors and ceilings are missing or collapsed due to fire damage. Plymouth City Code § 905.01; IFC § 101.1.2. 6. Access to the heating plant, mechanical equipment, electrical systems, plumbing, and bathroom facilities was obstructed. These systems likely sustained fire and water damage. The cooking facilities had fire damage. Plymouth City Code § 905.01; IFC § 101.1.1. If you fail to remedy the code violations, 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 EXHIBIT B 175522v4 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. Dated: , 2014 CAMPBELL KNUTSON Professional Association Soren M. Mattick, 427785X Plymouth City Attorney 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 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 § 549.21, subd. 2. Dated: 2014 Soren M. Mattick, 427785X EXHIBIT B 175522v4 STATE OF MINNESOTA COUNTY OF HENNEPIN IN RE: The Matter of a Hazardous Building Located at 12125 24th Avenue North City of Plymouth, Hennepin County, Minnesota DISTRICT COURT FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No. ORDER TO SECURE VACANT BUILDING TO: Owners and lienholders of the above real estate: Terence G. McLain and Edythe McEwen, 12125 24th Avenue North, Plymouth, Minnesota 55447; Terence G. McLain and Edythe McEwen, 2705 Kirkwood Lane North, Plymouth, Minnesota 55447; Ronald H. Luoma and Joyce E.C. Luoma, 2464 Hemlock Lane North, Plymouth, Minnesota 55441; U.S. Bank, National Association N.D., 505 Second Avenue North, Fargo, North Dakota 58102; Primus Law Office, P.A., 331 Second Avenue South, Suite 710, Minneapolis, Minnesota 55401; River City Financial, LLC, 1895 Plaza Drive, Suite 250, Eagan, Minnesota 55122. PLEASE BE ADVISED that pursuant to order of the Plymouth City Council and by authority of Minnesota Statutes § 463.251., you have five (5) days from the date of service of this Order upon you, to install a fence to secure the building at 12125 24th Avenue North, Plymouth, Minnesota 55447, located in the County of Hennepin, and legally described as follows: LOT SEVEN (7), BLOCK FOUR (4), ELMHURST, TOWN OF PLYMOUTH, ACCORDING TO THE RECORDED PLAT THEREOF ON FILE AND ON RECORD IN THE OFFICE OF THE REGISTER OF DEEDS IN AND FOR HENNEPIN COUNTY, MINNESOTA. (PID 426-118-22-21-0068) On December 31, 2013, a fire occurred at 12125 24th Avenue North, Plymouth, Minnesota 55447 [hereinafter: Subject Property]. On February 12, 2014, a Housing Inspector for EXHIBIT C 175522v4 the City of Plymouth inspected the condition at the Subject Property. The inspection revealed that the Subject Property constitutes a health and safety hazard to the residents of the City of Plymouth. Specifically, the fire caused substantial damage to the Subject Property. The structure at the Subject Property is at risk of collapsing. The City of Plymouth has notified you of the following conditions and demanded that you remedy all health and safety hazards and hazardous conditions of the Subject Property. To date, you have failed to contact the City. You have not made any corrections to remedy the hazardous conditions at the Subject Property. The building is vacant and open to trespass. If you fail to secure the building by installation of a fence the City will install the fence as provided in Minnesota Statutes 463.251 and assess the cost against the Subject Property pursuant to Minnesota Statues 463.21. Dated: , 2014 CAMPBELL KNUTSON Professional Association Soren M. Mattick, 427785X Plymouth City Attorney 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 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 § 549.21, subd. 2. Dated: 2014 Soren M. Mattick, 427785X EXHIBIT C 175522v4