04-9532r
RESOLUTION NO. 9532
RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS
CREATING A HAZARDOUS PROPERTY AT
6405 VINCENT AVENUE
WHEREAS, the real estate at 6405 Vincent Avenue South, legally
described as Lot 17, Block 1 RGT Richfield Gardens contains a single family
home ("Subject Property"); and
WHEREAS, the Subject Property is hazardous because of inadequate
maintenance, dilapidation, and unsanitary conditions: and
WHEREAS, the Subject Property's roof has a deteriorated structure, open
holes and the plaster ceilings have collapsed from extreme water damage
caused by the failed roof; and
WHEREAS, the Subject Property's south exterior wall has a large hole in
it; and
WHEREAS, the Subject Property's soffets have large holes on the east
and south sides; and
WHEREAS, neighbors have witnessed raccoons and cats entering the
Subject Property through the various holes; and
WHEREAS, there is visible mold on the basement walls and is likely
present in other areas of the Subject Property; and
WHEREAS, the Subject Property has been vacant for more than one
year; and
WHEREAS, the Subject Property has been deemed uninhabitable and
was placarded on April 26, 2004 by City Building Official Rick Regnier pursuant
to State Building Code section 1300.0180; and
WHEREAS, the City Building Official believes the Subject Property poses
a serious threat to the public health and safety and must be demolished to abate
the hazardous condition; and
WHEREAS, the owner of the Subject Property, Phil Wold, who resides in
Edina, Minnesota, was given a deadline of June 4, 2004 to make necessary
repairs to the Subject Property; and
WHEREAS, Phil Wold has taken no steps to abate the hazardous
conditions on the Subject Property; and
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WHEREAS, Minnesota Statutes, Section 463.16 authorizes the governing
body of any city or town to order the owner of any hazardous property within the
municipality to correct or remove the hazardous condition; and
WHEREAS, Minnesota Statutes, Section 463.15 subd. 3 defines a
"hazardous property" as "any...property, which because of inadequate
maintenance, dilapidation, physical damages, 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 the
City to correct or remove a hazardous condition of any 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 (attached as Exhibit A);
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows:
1. The Subject Property is a Hazardous Property as defined by
Minnesota Statutes Section 463.15;
2. An Abatement Order substantially similar to that attached hereto as
Exhibit A shall be served upon all required parties in order to effectuate
this Resolution;
3. The City Attorney is authorized to take all necessary legal steps to
secure compliance with the Order and to obtain authority to remove the
hazardous conditions on the Subject Property by court order or
consent and assess the costs against the Subject Property.
Adopted by the City Council of the City of Richfield this 26th day of
October, 2004.
ATTEST:
~~
Nancy Gib ,City Clerk
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EXHIBIT A
Case Type: Other Civil
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF HENNEPIN
FOURTH JUDICIAL DISTRICT
-----------------------------------------------------
Court File No.
In the Matter of the Hazardous
Property Located at 6405 Vincent
Avenue in the City of Richfield,
Minnesota
ORDER FOR ABATEMENT
OF HAZARDOUS PROPERTY
-----------------------------------------------------
TO: PHIL WOLD, OWNER OF RECORD.
The City Council of the City of Richfield orders that within twenty (20) days of
service of this Order you abate the conditions as described below which exist on
property located at 6405 Vincent Avenue South in the City of Richfield ("Subject
Property"), which property is legally described as:
Lot 17, Block 1 RGT Richfield Gardens.
The City of Richfield, pursuant to Minnesota Statutes, Sections 463.15 et. Seq.,
and based on the authorization of Resolution No.
, adopted on October 26,
2004, which is hereby incorporated by reference and attached hereto as Exhibit A, and
all prior findings, conclusions, and determinations referenced in Resolution No.
, finds that the above-referenced property constitutes a "hazardous property"
within the meaning of Minnesota Statutes, Section 463.15, subd. 3.
Pursuant to the above-referenced statutes, it is hereby ORDERED that within
twenty (20) days of service of this Order you must correct all violations of the City
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Building Code currently existing at the Subject Property by repair or by demolition and
removal of all debris.
You are further advised that unless such corrective action is completed or an
Answer is served on the City and filed with the Hennepin County District Court
Administrator within twenty (20) days of the date of service of this Order upon you, a
motion for summary enforcement of this Order will be made to the Hennepin 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 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: October 26,2004
KENNEDY & GRAVEN CHARTERED
By:
Bryan D. Shirley, 312964
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR
THE CITY OF RICHFIELD
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