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HomeMy WebLinkAboutRESOLUTION 2017-066CITY OF LAKE ELMO WASHINGTON COUNTY MINNESOTA WHEREAS, the property located at 9224 and 9240 3 1 5' Street North, legally described on Exhibit A, attached hereto, which contains single-family dwelling, detached garage, and approximately 0.74 acres of land (the "Subject Property"); and WHEREAS, the City has received multiple coftlairn� regarding property maintenance violations at the Subject Property; and WHEREAS, Linda L. Hardy is the owner ("Owner") of the Subject Property; and WHEREAS, on April 25, 2016, the Lake Elmo Building Official sent the Owner a Notice to Vacate the dwelling on the Subject Property due to lack of a required utility (water), 10 g In accumulat* n of rubbish or garba e inc ding unlicensed inoperable motor vehicles, missing or decayed wood siding and trim on the dwelling, improperly flashed siding and roofing, and piles of dried brush, tree trimmings, parts of dead trees and timber susceptible to fire; and WHEREAS, on August 12, 2016, the Lake Elmo Building Official sent the Owner a Notice to Vacate the dwelling for identical reasons to the April 25, 2016 Notice via certified mail; and WHEREAS, the August 12 Notice was retained because the Owner failed to pick it up from the post office; and WHEREAS, the Lake Elmo Building Official posted a copy of the August 12 Notice on the door of the dwelling at the Subject Property on September 19, 2016; and WHEREAS, the Owner was convicted of a misdemeanor for storing inoperable, junk, and unlicensed vehicles on the Subject Property on November 21, 2016; and WHEREAS, as part of the Disposition Agreement from the misdemeanor case the Owner is required to remove junk vehicles and garbage from the Subject Property by June 15, 2017; and WHEREAS, the Lake Elmo Building Official inspected the Subject Property from the right of way on March 30, 2017 and observed accumulation of rubbish or garbage, multiple motor vehicles which appeared inoperable and in disrepair, decayed wood siding and trim on 1 structures which was falling off in places, peeling and flaking paint • structures, rotten windows which were not properly flashed, foundation of • of the structures was caving in, siding was missing from parts of the structures, piles of dried brush, tree trimmings, fbMen leaves, parts of • trees and timber causing a fire hazard; and WHEREAS, the Lake Elmo Building Official made numerous attempt to obtain the • consent to further investigate the Subject Property by calling the Owner on four different days in April 2017 (April 10, 14,17, and 19) and sending the Owner a letter on April 19, 2017; and WHEREAS, on May 9, 2017, a Washington County Ci it Court judge approved an Ircu application by the Lake Elmo Building Official for an administrative search warrant for the Subject Property; and WHEREAS, the Lake Elmo Building Official took photographs • the Subject Property during the May 11, 2017 inspection, as shown in EExh* and WHEREAS, as a result of the May 11 1 2017 inspection, the Lake Elmo Building Official determined the Subject • constituted a hazardoat. § • due to the multiple life -safety and health issues and deemed the dwelling unfit for human habitation, and WHEREAS, the Lake Elmo Buidling Official attempted to hand -deliver the May 16, 2017 inspection report to the Owner on two different days, however, the Owner did not answer the door so the Lake Elmo Building Official posted the report on the Owner's front door; and I WHEREAS, the Lake Elmo Building Offl drove by the Subject Property the day after posting the report and observed it was no longer posted on the front door, and WHEREAS, the Lake Elmo Building Official viewed the Subject Property from the right of way on June 16, 2017 and observed no changes or improvements to the amount of debris in the yard of the Subject Property including the numerous inoperable vehicles; and WHEREAS, the Owner of the Subject Property has taken no steps to abate the hazardous conditions of the tructures o t I i WHEREAS, Minnesota Statutes, Section 463.15, subdivision 3 defines a "hazardous building or hazardous Property" as "any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard or a hazard to public safety or health - and WHEREAS, Minnesota Statutes, Section 463.161 et seq. authorizes a city to correct or remove a hazardous condition of any hazardous building or hazardous property if the owner of record fails to do so after a reasonable time and the district court enters a judgment sustaining the city's order; and NOiMFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 1. The dwelling and detached garage located on the Subject Property are hazardous defined by Minnesota Statutes, Section 463 15 i 3. The Subject Property also constitutes a public nuisance within the meaning of Minnesota Statutes Section 609.74 and Lake Elmo City Code Sections 96.03 and 96.04. 9 4, An Abatement Order substantially similar to that attached hereto as Exhibit I shall be served upon all parties with an interest or purported interest in the Subject Property to effectuate this Resolution. The City Attorney and. City staff` are authorized: to tale all necessary legal steps to secure compliance with the Order and to obtain authority to remove and abate the hazardous conditions on the Subject Property by court order or consent and assess the costs thereof against the Subject Property, Passed and duly adopted this 2& day ofJune, 2017, by the City Council of the City of Lae Elmo Minnesota. �u Mike Pearson, Mayor ATTEST: Jul e Vinson, C'ty erl El That part of the Southwest (quarter (SWI/4) of Section Fifteen (15) Township Twenty-nine (2 ) North, Range Twenty -One (21) West, described as follows: Commencing at the Southwest corner of said Section: Fifteen (15), thence North Four Hundred Forty -Five and Two -Tenths (445.2) feet to intersection of the West line of the Southwest (quarter ( W1/4) of said. Section and the center line of road (Old. Stillwater and St. Paul road); thence Easterly along said center line of road Twelve Hundred Twenty-eight and "Nine -Tenths (1228_) feet to the point of beginning of this description; thence North and parallel by Eleven Hundred Seventy -Five (1175) feet with the said West lime of Section Fifteen (15) for a distance of One Hundred Eighty -Seven and Four -Tenths (187.4) feet to the South right -of --way line ofC. St. Paul, Minneapolis and Omaha Ry. Company, thence Westerly along said right-of-way line One Hundred Five and Four -Tenths (105.4) feet, thence South and parallel by One Thousand Seventy (1070) feet with the said West line of Section. Fifteen (15) to the center line of said road.., thence Easterly along said center line of road to the point of beginning. and The West Sixty -Three (6 ) feet of that part of the Southwest =Quarter (S 114) of Section Fifteen (1,5), Township Twenty -Nine (2) North, Mange Twenty -{one (21) West, described as follows: Commencing at the Southwest corner of said Section Fifteen (15), thence North 445.2 feet to the intersection in the West line of the Southwest Quarter (SW 1l4) of said Section, and the center line of road (Old Stillwater and St. Paul read); thence Easterly along said center line of road; 1228,09 feet to the point of beginning of this description; thence forth and parallel by 1175 feel with the said Nest line of Section Fifteen (15), for a distance of 187.4 feet to the South right-of- way line of C. St. P.M.C.R.R. Company thence Easterly along said right-of-way line 225.7 feet; thence South and parallel by 1400 feet with the said West line of Section Fifteen. 15) to the center line of said road, 130.5 feet; thence Westerly along said center line of road; 235.5 feet to the point of beginning, Washington County, Minnesota. N May 16, 2(17 Linda (lardy 9224 3 1 st St Lake Elmo; MN 5504 Ike. Property Maintenance —IMMEDIATE ACTIN REQUIRED Dear Ms. Hardy My office has received multiple complaints regarding property maintenance violations that exist at your property located at 9224 3 1'" St N and 8240 3 1 " N in the City of Lake Elmo. :1n April 19"', 2017,1 seat you a request via the United States Postal Service to inspect your property. The notice requested you contact my office to schedule an inspection by April 30 ', 2017. I received no response from: you regarding the request to inspect: On May 9 , 2017,1 submitted; an application for an administrative search warrant to the court of Tenth Judicial District in Washington County and was granted an Administrative Search Warrant for your property by Judge Ellen L. Maas. On May I I t', 2017, along with deputies from the Washington County Sheriffs office, I served you with the administrative search warrant and executed the search of your home and ether structures on your property to inspect interior and exterior condition: as it relates to property maintenance, building code compliance, and compliance with the Lake Elmo Property Maintenance Code. The following violations were cited during my inspection of your property; Main Mouse East Side Exterior: 1. East entry door is rotted and not secured in opening to home, exterior trim and flashing is missing, sill is rotted and the opening is not weather tight. (Exhibit 1, Exhibit 7) 3800Laverne AventiNorth Lake Elmo * Minnesota * 550 *651347.3900 Tt I r), t t[' LAf'/\r E ELMO Foundation is caving in east side of home below grade. Block foundation grout is missing at the concrete block foundation, block is cracked and is caving in along the east wall. (Exhibit 2, Exhibit 3, Exhibit 4 & Exhibit 5) 2. The sill and floor joist area of the main floor east wall is exposed to the weather, o siding or protective weather barrier nor is flashing present in any area along; the east wall. The main floor system rim and joists are ratted and structural integrity is compromised on the east exterior wall. (See Exhibit & Exhibit ) 4. The double hung window to the north of the electric meter on the east wall is rotted and falling into the house. There is no flashing present, the wood is routed and not weather tight. (See Exhibit h; Exhibit 8 & Exhibit 5. The siding and trim boards on the east wall of the house is rotted and does not extend to the top of the wall. (See Exhibit 10 & Exhibit 11 North Side Exterior 1= :Foundation grout is missing at the concrete block -foundation, block is cracked and is separating along the length of the north wall; (See Exhibit 12 2. Structural framing of the wood: frame floor system and walls above foundation is not flashed or weather tight.(See Exhibit 12 3: Door opening on the north wall is missing the door, plywood pieces nailed over opening from the interior. Opening is not weather tight. Structural framing at the floor framing is ratted at the door opening. (See Exhibit 12 4; Window opening on the north wall is missing the window, plywood has been nailed over the opening from the interior. Opening is not weather tight.: (See Exhibit 12 . Exterior sheathing is missing along the north wall near the window opening. (See Exhibit 12 6. Siding and trite missing from the north wall, sheathing is exposed to the weather and approx. top half of the exterior wall is not flashed or protected from the weather or weather tight.(See Exhibit 12 7... Window at the top of the wall is not flashed or weather tight, (See Exhibit 12 West Side Exterior 1. West patio door is not weather tight in opening, exterior siding, trim and flashing is missing, the opening is not weather tight; (See Exhibit 13 & Exhibit 14) 2. :Foundation grout is missing at the concrete block foundation, Mock is cracked and: is separating along, he length of the north wall. Multiple location block: is SJ vtr .okh vY vr� ^fr+atiat mM.nk+� u24Z+t;A 5 Sul'. tin dbt.%'Sn�. WY 'AY.4 .a .n'me0^5L; a .rzu.MU n .+ aYa„`t ti5 ,/4'.Y^&0. s3k'�•v✓'uw 4i:4'S1k fiLb^.'kv.C"�"5WM'„'3t''t �,ttvw.tW3:t X %? isk &�`rIX 3800 tune Avenue North * Lake Elmo * Minnesota * 55042 * 651347,3900 THE CITY 01: LAKE Y--'*LMO broken and missing at the foundation. (See Exhibit 1, Exhibit 16, Exhibit 17 Exhibit 1 3. The siding and trim boards on the west wall of the house is rotted and does not extend to the top of the wall. (See Exhibit 13 South Side Exterior 1. Foundation grout is missing at the concrete block foundation, block is; cracked and is separating along the length of the south wall. Multiple location block is broken and missing at the foundation. (See Exhibit 1 2. The siding and trim boards on the west wall of the house is rotted and does not extend to the top of the wall. (See :Exhibit l ) 3. South entry door is rotted and not secured in opening to home, exterior trim and flashing is missing, sill is rotted and the opening is not weather tight. (See Exhibit 1 4, Window ripening on the south wall is rotted and not secure in opening Opening is not weather tight.(See Exhibit 20 1. Debris and garbage is stacked throughout the main floor at all floor/walking areas. There is no discernable walking area or paths on the main floor. The arear where the floor was found and visible, there is no finish flooring and multiple areas had sub flooring missing and plywood sitting over floor opening. (See Exhibit 23 24, 25, 26, 27, 28, 29, 34, 38, 45,48, 49) 2. Douse has a definitive odor from feces, urine and garbage throughout; Household garbage is strewn throughout. 3: Homeowner has a dog present, Sherriff Deputy required owner put dog away inside kennel in bedroom area. (See Exhibit 29 4, Exterior walls throughout do not have interior finish. Approximately half of the exterior walls have Draft -faced fiberglass insulation installed. Approximately half of the exterior walls including the areas where plywood has been nailed over door and window openings have no insulation. (See Exhibits 21, 22, 23, 24 25, 26, 27, 28,29,30 31,32,3 ,34,3 ,3 ,37,_3 8,39 43 5. Room on the south side of the main floor has polyethylene sheet plastic draped over the door opening. The interior of the room has some kraft faced fiberglass insulation in the exterior walls and the windows have cloth draped over the openings. Polyethylene sheet plastic has been installed over all of the interior surfaces, walls and ceiling of this room creating a double vapor barrier over all of 3800 Laverne Avenue North * take Elmo * Minnesota * 55042 * 651.747,3900 LAKE moon I the wall and ceiling surface areas" High voltage electrical wiring is exposed in multiple areas throughout the room. This room has a bed and as confirmed by the property owner, this is the bedroom. There is no smoke alarm or carbon monoxide detector present_ (See Exhibits 2, 2, 27, 28 2) t. There is no identifiable bathroom facility or plumbing fixtures present in the home. There is no kitchen sink nor any food preparation area in the home. Homeowner stated she does not have running water nor is there a sewage system connection present. The natural gas meter is strut off, homeowner stated she heats with a portable electric heater:- T The main floor beam that runs north and south in the center of the home and supports the second floor framing is bowing in the center from excessive load. Beam is showing signs of structural failure and requires verification of sizing; additional support needed and verification of support through to the footings in the basement. (See Exhibits 22, 23, a The floor joists to the second floor are bowing uniformly from the front to back due to excessive load. Multiple joist Have split and broken and have had sister 2 4 framing added incorrectly along the side but have not been added full length and add little additional support. The second floor system is unsafe and should be evaluated by a structural engineer for the required additional structural support needed. The same floor joists are rotted on the ends in multiple areas along the east wall at the plate due to the lack of a weather tight exterior, (See Exhibits 21, 2 , 23, , 3, 46, 47, 0 . Stair to the second floor area is loose and not secure. No handrails or guards are present and top stair treads are broken off. (See Exhibits 34, 36, 40, 41 10. Second floor is unfinished. Kraft faced fiberglass insulation has been partially installed in the rafters and polyethylene sheet plastic has been installed over the top creating a double vapor barrier. There are multiple signs of areas where trapped moisture is present between the paper face of the insulation and the polyethylene sheeting, and blackened areas that appear to be mold is present throughout; Verification should be made to determine mold presence throughout the second floor area. (See Exhibits 38, 39, 4 11. Guard is missing along the stair opening. (See Exhibits 40, 41 12. High voltage electrical wiring is present and exposed throughout the second floor. There are open and exposed wires and electrical boxes throughout. (See Exhibits 37, 42, 43) 13. The basement was inaccessible. Debris and garbage was blocking the path to the basement stairs, upon crawling over the garbage to get to the basement stairs garbage and debris is blacking the stairway to the basement (It appears that garbage has been thrown down the basement stairway, filled the stairway and 3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * E51.747.390 T1 IE CITY OF LA beyond and is stacked shoulder high on the train floor preventing access to the basement. Further inspection and evaluation was not possible. (See Exhibit 34 Detached Garage The detached garage located to the north of the house is dilapidated and structurally unsafe to enter. The following observations were completed from the exterior and for looking inside the service door located on the east side of the structure: 1. The bottom chord of the roof trusses are bowing and near breaking in several locations, likely clue to the large amount of storage placed in the roof system; Trusses are spaced 4' on center and are not designed for storage: gills and framing near the bottom plates are rotted and structurally unsound. High Voltage Electrical wiring and alien electrical boxesthroughoutthe building. 3. Siding is rotted and decayed. 4. boor and window openings are not flashed and rotted allowing weather inside the structure further creating damage and rot to the framing structure. 5: (See Exhibits 56, 57, 58, 59, 60, 61, 62, 63,; 1, 2 The above detailed and cited items are in violation of the fallowing sections of the City of Lake Elmo Property Maintenance Code (Also known as the 2006 International Property Maintenance Code; which. the City of Lake Amer adopted per City Code § 1 .3 5): 1. LEPMC 108.1.3 Structure unfit for human. occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or the public. The property does not have water service, sewage dispersal, Beating facilities, a working bathroom or kitchen sink and is structurally unsafe, is in disrepair, lacks maintenance, is unsanitary and constitutes a hazard to the occupants. 2.. LEPMC 305 Interior Structure 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition, every owner of a structure 3800 Laverne Avenge North * take Elmo * Minnesota * 55042 * 651.7473900 THE CITYOF LA K" " E containing a roaming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more Nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property: The interior of the property is not maintained in good repair, it is not structurally sound and is unsanitary. r 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained; in sound condition and good repair. Stairs to the spec n flora are not maintained in sound condition and good repair: The stairs to the basement level are inaccessible, the stairway is filled with debris making the area inaccessible: r • a � e e • r � 1 • s e • • bra 1 � : 3 t}Ci—averne AvenUe North * Lake Elmo * Minnesota * 5504 * 65 ,747,3900 LA rlx*E Lr- L M 0 7. 305.6 Interior doors.: very interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware There are no doors to any rooms, the bedroom has polyethylene sheeting hunk Between the rooms. 8. 307.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage: Garbage is strewn about the interior of the structure tune and piled in multiple locations throughout the house. q 402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total dazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 rom from the window and extend to a level above that of the ceiling of the room., such window shall not be> deemed to face directly to the outdoors nor to a court and shall not be included a contributing to the required minimum total window area for the room. All of the windows in the home are boarded over or covered with, fabric or polyethylene plastic sheeting and der not open or ventilate. 10. 502.1 Dwelling units. every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located.. A kitchen sink shall not be used as a substitute for the required lavatory: The home does not Have a bathroom or kitchen sink. 11. 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain; water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories; laundry facilities, bathtubs and showers shalt be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. 505.3 Supply. The water supply system shall be installedand maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 3800 Laverne Avenue nu forth * Lake Elmo * Minnesota * 55042 * 5 347.3900 THE ("ITY01" LAKE E`LMO • 13. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of681F (201C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 rom) above the floor near the center of the room and 2 feet (610 rom) inward from the center of each exterior wall, The home does not have heatingfacilities capable of inaintailling the required temperature as required. 14. 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.3 Electrical system' hazards. Where it is' found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 605.1 Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate'and- remote receptacle outlets. Every laundry area shall contain at least one grounded -type receptacle or a receptacle with a. ground fault circuit interrupter, Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. 3800 Laverne Avenue North * Lake Him * Minnesota * 55042 * 651,747,3900 "E iE CITY O ' LA Theproperty has high voltage wiring and electrical boxes exposed in multiple locations throughout thep�� Single or multiple -station smoke alarms shall be installed in other groups in accordance with the International hire Code. The property does not have any operable/egress windows/emergency escape windows, the home does not have working smoke alarms or carbon monoxide --- detectors In addition to the above referenced Lake Elmo Property Maintenance Code Sections, your property is in violation of the following city ordinances:: 96.04 PUBLIC NUISANCES AFFECTING HEALTH, MFORT t REPOSE. (11) An accumulation of refuse, rubbish, or garbage (as defined in 96.05) or debris of any nature or description hrx5rtak4 .Y, ussAl Y � xeK. us9a.x { .s.4na2�fiCS' .�{k�ftti£. ?tst !x w. r, �;,3 w eCl+�'Y:.'&: irmiRi tt tt. ,5,.��Z Lb tu�xwszttpw. 'k.izcu�,.� -: t, YaM..3Wt'". ,6v�6zJ ,�r. uti:,et. 3800 Laverne Avenue North * take Elmo * Minnesota * 55042 * 651.747,3900 TlEEan, or: LAKEELMO ! " • zoningimprovements. In all districts it is herebydeclared landscaping,and fences be reasonably maintained so as to avoid adjacenthealth or safety hazards and prevent a degradation in the value of improvementsproperty. Failure to so maintain the exterior§ 150.325 The Property Maintenance Code of Lake Elmo Section 307.1 requires all premises,of accumulationfree from any 96.03 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY'. Fire hazards. Any building or structure which, by reason of age, dilapidated condition, defective chimneys or stovepipes, defective electric wiring, defective gas connections, defective heating apparatus, or ether defect, is susceptible to fire, and which thus endangers life or limb or other buildings or property within the city; and any accumulations of brush; tree trimming, fallen leaves, parts of dead trees, timber, or other materials or substances on either vacant or unproved property, which accumulations are susceptible to fire or capable of spreading fire to adjacent property:; Based on my inspection; I have determined this property constitutes a hazardous property -- under Minn. Stat. § 463.15. This property has multiple life -safety and health concerns. Most importantly, the primary structure is not fit for human habitation. If the conditions outlined above are not corrected by June 1 a' 2017 the city will proceed with corrective actions including; but not limited to a hazardous property abatement order to have the structures on the property demolished. If you dispute any of the violations listed in this notice, please contact me as soon a possible. Also, if `you correct the conditions above, please contact nee with evidence demonstrating the corrections Per the Property Maintenance Code of Labe Elmo Section 1 t1E.3 any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Please contact me with any questions regarding this correspondence. I can be reached at 1 747-3910 Respectfully, Michael Bent Building Official City of Lake Elm 3800 Laverne Avenue Norte * Lame Elmo * Minnesota * 5 042 * 651,747,3900 LIM a In the Matter of the Hazardous Avi�mg arl Pr*.#1 3 1 "t Street North, Lake Elmo, Minnesota I ill 11111111111 ill ii Nil Order that • abate the hazardous conditions which exist on the property located at. 9224 and A attached hereto. the buildings, a dwelling and a detached garage, located at the above -referenced address constitute hazardous buildings within the meaning of Minnesota Statutes Section 463.15 subdivision 3, specifically due to the structural deficiencies and defects, lack of required utilities including water, sewer, and heat, lack of any plumbing fixtures, significant amount of garbage and debris throughout, hazardous electrical issues including exposed high voltage wiring, and overall condition of the structures. The City of Lake Elmo, pursuant to Minnesota Statutes Sections 463.15 to 463.261, finds the property located at the above -referenced address constitutes a hazardous property within the meaning of Minnesota Statutes Section 463.15 subdivision 3, specifically due to the numerous M 111: 1•1! i,iiiii I'Mil F 1 1 piles of leaves and timber. The City of Lake Elmo finds the property located at the above -referenced address Pursuant to the ab6ve-referenced statutes, it is hereby ORDERED that you abate the 1 . Install water service, sewage disposal facilities, and heating facilities, including a working bathroom, kitchen sink, and heating source; 2. Remove all excess junk, garbage, and unnecessary articles from inside and outside the dwelling and the detached garage; 1 Ensure proper ingress and egress exists throughout the dwelling; 4. Clean and sanitize the dwelling and the detached garage; 5. Obtain an assessment from a licensed structural engineer to determine what needs to be done to remedy the numerous structural deficiencies throughout the dwelling and the detached garage; 6. !• • and • work on needed structural repairs according to structural engineer's assessment; T Interior walls of the dwelling need to be finished including but not limited to EN & Stairs to the second floor must be repaired including :• stair treads where 9. Repair rotten windows and install window in opening where window is currently 10. Install a door where the current opening has plywood nailed over it I 11. Test for mold and remediate any mold present in the dwelling; 12. Ensure safe access to all rooms in the dwelling including the basement which is presently inaccessible due to garbage accumulation; 13. Install doors to interior rooms, 14. Repair and cover high voltage wiring • electrical boxes currently exposed in the 15. Install working smoke alarms and carbon monoxide detectors throughout the dwelling; and 16. Properly dispose of all junk, garbage, debris, and yard waste ft6m the property, including but not limited to the inoperable vehicles, piles ofjunk and garbage, and piles of leaves and tree debris. intend to perform from the appropriate City offices before abating the hazardous conditions. This Order is not a permit. Further, all work completed is subject to inspection by the City's building inspector, Fire inspector, and other staff as required to ensure compliance with applicable rules and law. on the City and filed with the Washington County District Court Administrator within 20 days of M the date of service of this Order upon you, a motion for summary enforcement of this Order will be made to the Washington County District Court. You are further advised that if you do not comply with this Order and the City is compelled to take any corrective action, all necessary costs incurred by the City in taking the corrective action will be assessed against the property pursuant to Minnesota Statutes Section 463.21. In connection thereto, the City intends to recover all its expenses incurred in carrying out this Order, including specifically but not exclusively, filing fees, service fees, publication fees, attorneys' fees, appraisers' fees, witness fees, including expert witness fees and traveling expenses incurred by the City from the time this Order was originally made pursuant to Minnesota Statutes Section 463.22, Dated June —, 2017. KENNEDY & GRAVEN, CHARTERED By. Sarah I Sonsalla (#0313464) Elizabeth Brodeen- Kuo (#0391949) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Easy That part of the Southwest (quarter (WI/4) of Section Fifteen (15), Township Twenty-nine North, Range Twenty -tine (1) West, described as follows: Commencing at the Southwest corner of said Section Fifteen (15), thence North four hundred Forty -Five and Two -Tenths (445.2) feet to intersection of the West line of the Southwest Quarter (SW1/4) of said Section and the center line of road. (Old Stillwater and St. Paul road); thence Easterly along said enter line of road Twelve Hundred Twenty-eight and Nine -Tenths (1228.9) feet to the point of beginning of this description; thence North and parallel by Eleven.. Hundred Seventy -Five (1175) feet with the said West line of Section :Fifteen. (15) for a distance of One Hundred Eighty -Seven and Four -Tenths (187.4) feet to the South right-of-way line of C. St. Paul, Minneapolis and Omaha R.y. Company; thence Westerly along said right-of-way line One Hundred Five and Four -Tenths (105.4) feet, thence South and parallel by One Thousand Seventy (1070) feet with the said West line of Section Fifteen (15) to the center line of said road, thence Easterly along said center line of road to the point of beginning, and The 'West Sixty -Three (63) feet of that part of the Southwest Quarter (SW 1/4) of Section Fifteen (15), Township Twenty -Nine (2 ) North, Range Twenty -One (21) West, described as follows: Commencing at the Southwest corner of said Section Fifteen (15), thence North 445.2 feet to the intersection in the West line of the Southwest {quarter (SW 1 /4) of said Section, and the center line of road (cold Stillwater and St. Paul road); thence Easterly along said center line of road; 1228.09 feet to the point ofbeginning of this description; thence Forth and parallel by 1-175 feet with the said Nest lute of Section Fifteen (15), for a distance of 1874 feet to the South right-of- way line of C. St. P.M.C.R... Company; thence Easterly along said right-of-way line 225.7 feet, thence South and parallel by 1400 feet with the said West line of Section fifteen (15) to the center line ofsaid road., 130.5 feet; thence Westerly along said center line of road, 235.5 feet to the point of beginning, Washington County, Minnesota..