HomeMy WebLinkAboutResolution 4245
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RESOLUTION NO." 4245
CITY OF MOUNDS VIEW
RESOLUTION ORDERING THE ABATEMENT OF A
HAZARDOUS CONDITION OF REAL ESTATE LOCATED AT
2564 SHERWOOD ROAD, MOUNDS VIEW, MN, 55112
WHEREAS, the building inspector of the City of Mounds View
has determined that the real estate located at 2564 Sherwood Road
in the City of Mounds View is a hazardous building; and
WHEREAS, the City Council has reviewed this matter and has
heard from the building inspector, Rick Jarson, concerning the
basis for this determination; and
WHEREAS, Minnesota Statutes, section 463.161, authorizes the
governing body of any city or town to correct the hazardous
condition of any hazardous building or parcel of real estate;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Mounds View as follows:
1.
The real estate located at 2564 Sherwood Road in the
City of Mounds View is found to be hazardous within the
meaning of Minnesota Statutes, section 463.15,
Subdivision 3.
2. The condition of the foregoing property also
constitutes a public nuisance within the meaning of
Minnesota Statutes, section 561.02 and Municipal
City Code, Chapter 90.
3. The condition on the foregoing property also violates
applicable sections of Chapter 40, "zoning" of the
Mounds View Municipal code.
4. The condition also is in violation of Chapter 81,
"Parking" of the Mounds View Municipal code.
5. An abatement order substantially similar to that
attached hereto as Attachment A shall be served upon
all required parties in order to correct the hazardous
condition on the property.
6. The City Attorney is authorized to take all necessary
legal steps to secure compliance with the order and/or
to obtain authority to abate the hazardous condition by
court order or consent and levy the costs thereof
against the property.
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RESOLUTION NO. 4245
PAGE TWO OF TWO
Adopted this 22nd day of June, 1992.
ATTEST:
(SEAL)
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ATTACHMENT A
STATE OF MINNESOTA
OTHER CIVIL
DISTRICT COURT
COUNTY OF RAMSEY
SECOND JUDICIAL DISTRICT
In the Matter of the Hazardous
Existing Condition Located at 2564 )
Sherwood Road, Mounds View, Minnesota)
ORDER FOR ABATEMENT OF
A HAZARDOUS CONDITION OF
REAL ESTATE
TO: HOUSEHOLD MORTGAGE COMPANY, 100 MATTEL DRIVE, WOODALE,
ILLINOIS, 60191
The City Council of the City of Mounds View orders that
within twenty (20) days of service of this order upon you, that
you abate the hazardous conditions which exist on the property
located at 2564 Sherwood Road in the city of Mounds View, and
legally described as:
Spring Lake Park Hillview east 77 feet of lot 32
The City of Mounds View, pursuant to Minnesota Statutes,
Sections 463.15 to 463.261, and based on the authorization of
Resolution No. 4245, a copy of which is attached hereto and
incorporated by reference herein, finds that the boat situated on
the above-referenced property is a hazardous condition of real
estate with the meaning of Minnesota Statutes, Section 463.15,
Subd. 3, and a public nuisance within the meaning of Minnesota
Statutes. Section 561.02 and City Code Chapters 40, 81 and 90
for the following reasons:
1. Accumulation of rubbish and debris, i.e., old tires
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rags, cardboard boxes, electrical appliances, building
materials, approximately one dozen plastic pails, many
of which are leaking waste motor oil, miscellaneous
boat parts, metial drums containing unidentified
substances and auto body parts.
Boat is setting on blocks which are unstable and do
not provide sufficient support for a boat of that size
and weight.
Boat is not on trailer as required by code.
The boat is badly deteriorated. The boat windows are
broken and doors are off hinges permitting entrance of
rain and snow, thereby expediating the deterioration.
Boat is not secured from access to public and and is
stored in a manner which is attractive to vandals.
As a result of the foregoing, and pursuant to the above-
referenced statutes and ordinances, it is hereby ordered that you
abate the above hazardous condition by removing the boat from the
property within twenty (20) days of the date of service of this
order.
You are further advised that unless such corrective action
is taken or an answer served upon the city of Mounds View within
twenty (20) days of the date of service of this order upon you, a
motion for summary judgment of this order will be made to the
Ramsey County District Court.
You are further advised that if you do not comply with this
order, as part of the summary judgment, the City of Mounds View
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will seek authority to take corrective action to remove the boat.
~ All necessary costs incurred by the city of Mounds View will be
assessed against the property pursuant to Minnesota statutes,
section 463.21. In connection thereto, the City intends to
recover the costs of removing the boat as well as all other
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 this ??nd
day of
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James Thompson
Holmes & Graven, Chartered
Attorneys for Plaintiff
470 Pillsbury Center
Minneapolis, Minnesota 55402
(612) 337-9300
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