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WHEREAS, the Lake Elmo Building Official drove by the Subject Property the day <br />after posting the report and observed it was no longer posted on the front or; and <br />WHEREAS, the Lake Elmo Building Official viewed the Subject Property from the right <br />of way on June 16, 2017 and observed no changes or improvements to the amount of debris in <br />the yard of the Subject Property including the numerous inoperable vehicles; and <br />WHEREAS, the Owner of the Subject Property has taken no steps to abate the hazardous <br />conditions of the structures on the Subject Property or the surrounding land which was subject to <br />the Disposition Agreement; and <br />WHEREAS, Lake Elmo City Code Section 96.03 provides that a public nuisance <br />affecting peace and safety includes the failure to maintain improvements and any fire hazard <br />caused by a building in poor condition and the accumulation of brush or fallen leaves; and <br />WHEREAS, Lake Elmo City Code Section 96.04 provides that a public nuisance <br />affecting health, comfort, or repose includes the accuniulation of refuse, rubbish, or garbage; and <br />WHEREAS, Minnesota Statutes, Section 463,161 authorizes the governing body of any <br />city or town to order the owners of any hazardous building or property within the municipality to <br />correct or remove the hazardous condition; and <br />WHEREAS, Minnesota Statutes, Section 463.15, subdivision 3 defines a "hazardous <br />building or hazardous property" as "any building or property, which because of inadequate <br />maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a <br />fire hazard or a hazard to public safety or health;" and <br />WHEREAS, Minnesota Statutes, Section 463.161 et �wq. authorizes a city to comet or <br />city's order; and <br />NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake <br />Elmo as follows: <br />1. The dwelling and detached garage located on the Subject Propeity are hazardous <br />defined by Minnesota Statutes, Section 463.15. 1 <br />2. The Subj ect Property is hazardous as defined by Minnesota Statutes, Section 463.15. <br />3. The Subject Property also constitutes a public nuisance within the meaning of <br />Minnesota Statutes Section 609.74 and Lake Elmo City Code Sections 96.03 and <br />96.04. <br />0 <br />