HomeMy WebLinkAboutResolution 2016-048F
LAKE ELMO
WHEREAS, fl-te property located at 80C4 50" Street North, legally described as
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contains a single family dwelling (the "Subject Property"); and
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WHEREAS, by notice dated May 16, 2016, the owner was ordered by the City of Lake
Elmo to repair these items; and
WHEREAS, the City Building Official has determined that fang foundation, the
exposed high voltage electrical wifing, the rotting windows, siding, soffits and fascia, and the
broken windows and doors are a violation of Section 96.03(B)(10) of the City Code and create
hazardous and nuisance conditions and that the City must perform all work necessary in order to
abate the hazardous and nuisance conditions on the Subject Property unless the owner performs
all work set out in the attached order-, and
WHEREAS, Marysville LLC, the owner of the Subject Property has taken no steps to
abate the hazardous conditions; and
WHEREAS, Minnesota Statutes Section 463.161 authorizes the goveruing body of any
remove the hazardous condition; and
WHEREAS, Minnesota Statutes Section 463.15, subdivision 3 defines a "hazardous
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building" as "any building..., 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
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WHEREAS, Minnesota Statutes Section 463 : 161 et seq. authorizes a city to correct or
remove a hazardous condition of any hazardous building 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
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake
Elmo as follows
1. The house and garage located on the Subject Property, specifically the foundation,
siding, soffits, fascia, exterior doors and windows, are hazardous as defined by
Minnesota Statutes Section 463,15.
2. The house and garage also constitute a public nuisance within the meaning of Minnesota
Statutes Section 609.74 and Section 96.03(B)(10) of the Lake Elmo City Code,
3. An Abatement Order substantially similar to that attached hereto as Exhibit A shall be
served upon all parties with an interest in the Subject Property in order to effectuate this
Resolution.
4. The City Attorney is authorized to take 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 21 day of June, 2016, by the City Council of the City of Lake Elmo,
Minnesota.
Mike Pearson, Mayor
EST:
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ufi Johnson, iV Clerk