HomeMy WebLinkAboutCity Council Resolution 2016-364
CITY OF PLYMOUTH
RESOLUTION NO. 2016-364
R ESOLUTION O RDERING R EPAIR OR
R EMOVAL OF H AZARDOUS C ONDITIONS
OF B UILDING OR RAZING OR REMOVAL OF BUILDING
WHEREAS, the Building Official of the City of Plymouth has attempted without success to have the
owner of certain property at 2955 Empire Lane North, Plymouth, Minnesota, in the County of Hennepin
(“Subject Property”), remedy the hazardous condition of the property and building located thereon; and
WHEREAS, the City Council has determined that the commercial building located on the Subject
Property (“Subject Building”) constitutes a fire hazard or a hazard to public safety or health and is therefore
a hazardous building within the meaning of Minn. Stat. § 463.15, Subd. 3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota:
1. The City has fully considered all evidence relating to the hazardous condition of the Subject
Property. Said evidence includes (i) Certificate of Title; (ii) September 29, 2016, letter to
property owner; (iii) Hazardous Building Order Inspector’s Report by Joe Ryan, Building
Official, dated September 29, 2016; and (iv) Staff Report to Council and accompanying
photographs.
2. After fully considering all of the documents, and other evidence pertaining to the
hazardous condition of the Subject Building, the City of Plymouth finds:
a. Fahmida Bashir Hospitality, LLC, is the owner of the Subject Property. Northeast
Bank and U.S. Small Business Administration hold mortgages against the
property.
b. A September 29, 2016 inspection of the Subject Building revealed numerous
violations of the Plymouth City Code, as set forth in the attached Exhibit A.
c. On September 29, 2016, the City sent the property owner a letter at its registered
address, noting the violations of the City Code and setting a compliance date of 30
days.
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d. Since October 5, the City Attorney’s Office and the attorney for the property
owner have been in contact regarding the status of the building.
e. As of the date of this resolution, no steps had been taken to remedy the violations
set forth in Exhibit A.
f. Because of the inadequate maintenance, dilapidation, physical damage, and
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unsanitary condition noted above, the Subject Building constitutes a fire hazard or
a hazard to public safety or health and is therefore a Hazardous Building within the
meaning of Minn. Stat. § 463.15, Subd. 3.
3. Pursuant to Minnesota Statutes § 463.15 et seq., the City hereby adopts and approves the
Order to Correct or Remove Hazardous Conditions in Building or Raze or Remove
Hazardous Building attached hereto as Exhibit A.
4. The City’s legal counsel, Campbell Knutson, P.A., Grand Oak Office Center I, 860 Blue
Gentian Road, Suite 290, Eagan, Minnesota 55121, is directed to edit as necessary and
serve the Order to Correct or Remove Hazardous Conditions in Building or Raze or Remove
Hazardous Building and to proceed with enforcement in accordance with Minn. Stat. §
463.15 et seq.
ADOPTED by the City Council this 29th day of November, 2016.
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
November 29, 2016 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
__________________, __________.
____________________________________
City Clerk
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EXHIBIT A
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: Other Civil
Court File No. ______________
IN RE:
ORDER TO CORRECT OR REMOVE
The Matter of a Hazardous Property HAZARDOUS CONDITIONS
Located at 2955 Empire Lane North, City IN BUILDING OR RAZE OR
of Plymouth, Hennepin County, Minnesota REMOVE HAZARDOUS BUILDING
TO: Owners and lienholders of the above real estate:
Fahmida Bashir Hospitality, LLC, 5739 South Lyndale Avenue, Minneapolis,
Minnesota 55419;
Northeast Bank, 77 Broadway Street N.E., Minneapolis, Minnesota 55413;
U.S. Small Business Administration, ________________________
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 fire, health, and safety hazards and the hazardous
condition of the building on the property at 2955 Empire Lane North, Plymouth, Minnesota
55447 located in the County of Hennepin, and legally described as follows:
Tract B, Registered Land Survey No. 1424, Hennepin County, Minnesota
On September 29, 2016, City staff inspected the commercial building on the above
described property and identified multiple violations of the Plymouth City Code which
independently and together constitute a condition hazard to public safety or health, making the
property a hazardous property under Minn. Stat. § 463.15. To date, no progress has been made
toward correcting or removing the hazardous condition. The following violations must be
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EXHIBIT A
remedied or removed, and inspected within twenty (20) days from the date of service of this
Order:
1. Fix paint peeling away from the face of exterior building walls.
2. Repair or replace missing windows, cracked windows, and windows not properly
sealed.
3. Repair or replace cracked and broken window frames.
4. Replace missing window sills.
5. Removal of water which has seeped into elevator pit area.
6. Remove and repair flaking and water staining of ceiling panels in each dwelling unit.
7. Repair metal studs and metal top and bottom plates located within each of the
dwelling unit bathrooms which have either rusted through or show signs of severe
metal deterioration.
8. Replace rooftop air heating and cooling unit.
9. Replace elevator and main laundry room exhaust fans.
10. Remove mold from dwelling unit drywall exhaust shafts.
11. Install new metal ductwork and fans.
12. Repair damage to electrical fixtures, switches and receptacles.
13. Repair or replace copper water supply lines serving the individual dwelling unit
bathrooms which show signs of moisture corrosion and are worn thin.
14. Repair water damage in bathrooms throughout the building and other wall areas
within individual dwelling units.
15. Remove large accumulation of rubbish in garbage bags lying just outside the north
side of the exterior wall of the building
16. Dispose and properly remove all construction related debris from property
17. Dispose and properly remove all construction related debris from property.
18. All peeling paint surfaces must be scraped and re-painted.
19. Correct and complete all items referenced in Lodging Establishment Reports issued
by the Hennepin County Environmental Health Department dated July 14, 2016, and
September 13, 2016.
20. Correct and complete all items referenced in the Inspection and Compliance Order
report issued by the Minnesota State Fire Division dated August 25, 2016.
21. Correct and complete all items referenced in the Red Tag Letter issued by the
Minnesota Department of Labor and Industry’s Elevator Safety Division dated
September 13, 2016.
22. Remove and replace all mold affected drywall areas, and tape as required.
23. Remove and replace all deteriorated bathroom countertops.
24. Remove and replace all dwelling unit carpeting.
25. Re-paint all dwelling unit wall surfaces.
26. Remove and replace all damaged insulation along exposed exterior walls, and
provide with a properly seal vapor barrier.
27. Repair and/or replace all damaged doors and associated door hardware.
28. Repair or replace all damaged light fixtures, electrical switches and receptacles.
29. Provide proper STC (sound transmission rating) between all adjacent dwelling unit
separations.
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EXHIBIT A
30. Provide appropriate fire resistance ratings between all floor openings and individual
dwelling unit wall separations.
31. Install approved fire caulking at all penetrations of fire rated assemblies.
32. Install new bathroom exhaust ducted shafts for each individual dwelling unit.
33. Install new bathroom exhaust fans.
34. Repair all plumbing leaks associated with the building’s water supply distribution
system.
35. Replace all improper water line repairs and improper drain waste and vent piping
material found within all dwelling unit bathroom areas.
36. Replace all toilets with new gasket seals.
37. Replace/install new bathroom fixtures where required.
38. Apply new caulking around fixtures as required.
39. Install new anti-scald shower valves at all tub/shower locations.
40. Repair or replace all hazardous wiring conditions, including any damaged light
fixtures, electrical switches and receptacles.
41. Repair or Replace the following problems specific to individual rooms:
a. #106. Remove drywall ceiling within bathroom shaft area. Repair leaking water
pipe.
b. #108. Seal gap under exterior wall bottom plate.
c. 1st floor communication room. Remove all damaged mold infested drywall
along ceiling and soffit area, around wall ac unit, and other interior wall areas.
d. 1st floor Electrical Room. Replace 2”x4” exterior ceiling plate, drywall around
exterior door, and replace the metal exterior door frame.
e. #118. Repair water line leak.
f. 1st floor Laundry Room. Remove all deteriorated mold infested drywall. Seal
all pipe penetrations.
g. #212. Remove drywall along boxed ceiling area.
h. 2nd floor storage room. Repair leaking water pipe. Remove mold affected
drywall on wall of elevator shaft.
i. 2nd floor Vending area. Remove all mold affected drywall.
j. #401. Repair leaking toilet shut off valve.
k. #402. Locked, no entry.
l. #409. Remove drywall along base of tub.
m. #410. Remove drywall along base of tub.
n. #411. Remove drywall around top of tub surround.
o. #412. Remove deteriorated drywall around top of tub surround, and along the
interior side of the corridor wall.
p. #414. Remove drywall around top of tub surround.
q. #415. Remove drywall around top of tub surround.
r. 4th floor storage room. Unable to access due to accumulation of room items.
s. #417. Remove damaged wall stud in bathroom.
t. #422. Remove drywall under sink water supply lines, and along base of wall by
toilet and tub.
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EXHIBIT A
If you fail to remedy the hazardous conditions in the building, the City will seek
permission from the District Court for the City to repair or remove the hazardous condition of the
building, including demolition of the building, destruction and removal of all personal property
within the building, and grading of the property. 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 & 463.22.
Dated: ______________, 2016 CAMPBELL KNUTSON
Professional Association
By: ________________________________
Soren M. Mattick (#27785X)
Plymouth City Attorney
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
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 § 549.211, subd. 1.
Dated: ______________, 2016
__________________________________
Soren M. Mattick
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