16-11286r RESOLUTION NO. 11286
RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A
HAZARDOUS BUILDING AND A PUBLIC HEALTH AND SAFETY NUISANCE
EXISTING AT 7301 GARFIELD AVENUE S,RICHFIELD,MINNESOTA 55423
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows:
WHEREAS, the property located at 7301 Garfield Avenue S, legally described on
Exhibit A, attached hereto, which contains a single-family dwelling(the "Subject Property"); and
WHEREAS, the City deemed the dwelling unfit for habitation as of December 2, 2015
and denied the owner the ability to access the building without a City escort; and
WHEREAS, subsequent physical inspections of the Subject Property by the City Code
Compliance Officers on January 6, 2016 and October 13, 2016 found the following conditions:
garbage and debris strewn and accumulated throughout the interior of the dwelling, narrow
walking paths or nonexistent walking paths throughout the dwelling, egress blocked throughout
the dwelling (unable to access doors and windows), lack of water service, lack of a heat source,
debris accumulation near the furnace and hot water heater, lack of garbage service, no access to
certain rooms, conditions allowing the breeding of insects and vermin, unsanitary conditions
throughout the dwelling, and fire hazards, as shown in further detail in Exhibit B; and
WHEREAS, John Curtis Aro is the owner of the Subject Property and has taken no or
minimal steps to abate the hazardous conditions and health and safety related risks; and
WHEREAS, the City has communicated its intent to the owner of the Subject Property
that if he failed to comply with the applicable City and County health, building, and fire codes,
the City would institute a hazardous building action; and
WHEREAS, Minnesota Statutes, Section 463.161 authorizes the governing body of any
city or town to order the owners of any hazardous building within the municipality to correct or
remove the hazardous condition; and
WHEREAS, Minnesota Statutes, Section 463.15, subdivision 3 defines a "hazardous
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
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
WHEREAS, the City has established a health board pursuant to Minnesota Statutes
Section 145A.03 and Richfield City Code Subsection 305.09; and
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WHEREAS, Minnesota Statutes, Section 145A.04, subdivision 8 authorizes a city or
health board to correct or remove a threat to public health such as a public health nuisance or
source of filth; and
WHEREAS, Richfield City Code Subsection 925.01, subdivision 2(1) has declared the
following as a nuisance affecting public health: "Overcrowding a room or portion of a dwelling
with long-term storage of items, goods, or any material so as to prevent upkeep, maintenance, or
regular housekeeping. A room may be considered overcrowded when storage covers an
excessive amount of the floor area of a room, constitutes a potential excessive fire load, prevents
access to windows or doors,prevents access to or obstructs mechanical systems or air movement,
effectively eliminates use and access to required electrical devices, impedes access and
movement of emergency personnel, blocks hallways, limits the operation of doors or provides
pest harborage."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
as follows:
1. The dwelling located on the Subject Property is hazardous as defined by Minnesota
Statutes, Section 463.15.
2. The dwelling also constitutes a public nuisance within the meaning of Minnesota
Statutes Section 609.74 and a nuisance affecting public health under subsection
925.01, subd. 2(1) of the Richfield City Code.
3. The dwelling further constitutes a public health nuisance within the meaning of
Minnesota Statutes 145A.02, subdivision 17.
4. An Abatement Order substantially similar to that attached hereto as Exhibit C shall
be served upon all parties with an interest or a purported interest in the Subject
Property in order to effectuate this Resolution.
5. 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.
Adopted by the City Council of the City of Richfield, Minnesota this 15th day of November,
2016.
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Debbie Goettel, Mayor
jaM‘(,=,_--
Elizabeth VanHoose, City Clerk
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488863v1 LBK RC145-703
EXHIBIT A
Legal Description
Lot 12, Block 6, "Irwindale", according to the recorded plat thereof, and situated in Hennepin
County, Minnesota.
Torrens Property
Being registered land as is evidenced by Certificate of Title No. 674902.
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EXHIBIT B
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October 13, 2016 Photos:
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October 13, 2016 Photos (continued):
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488863v1 LBK RC145-703
EXHIBIT C
Abatement Order
STATE OF MINNNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Other Civil
In the Matter of the Hazardous
Building Located at 7301 Garfield Avenue S.,
Richfield, Minnesota ORDER FOR ABATEMENT OF
A HAZARDOUS BUILDING
AND PUBLIC HEALTH AND
SAFETY NUISANCE
TO: All owners, occupants, and all lienholders of record.
The City Council of the City of Richfield orders that within 20 days of service of this
Order that you abate the hazardous conditions which exist on the property located at: 7301
Garfield Avenue S., in the City of Richfield, which property is legally described on Exhibit A
attached hereto.
The City of Richfield, pursuant to Minnesota Statutes Sections 463.15 to 463.261, finds
the building located at the above-referenced property, specifically the substantial amount of
garbage throughout the dwelling which prevents ingress and egress and creates unsanitary
conditions, constitutes a hazardous building within the meaning of Minnesota Statutes Section
463.15 subdivision 3.
The City of Richfield finds the property located at the above-referenced address
constitutes a public nuisance within the meaning of Minnesota Statutes Section 609.74 and City
Code Section 925.01.
The City of Richfield finds the property located at the above-referenced address
constitutes a public health nuisance within the meaning of Minnesota Statutes Sections 145A.02.
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Pursuant to the above-referenced statutes, it is hereby ORDERED that you abate the
hazardous property conditions within 20 days of the date of service of this Order by completing
the following:
1. Remove all excess junk, garbage, and unnecessary articles from inside and
outside the dwelling;
2. Ensure proper ingress and egress exists throughout the dwelling;
3. Reinstate water service and garbage service to the dwelling;
4. Remove debris from near furnace and hot water heater;
5. Clean and sanitize the dwelling; and
6. Ensure safe access to all rooms in the dwelling.
You must apply for and obtain any appropriate permit(s), if applicable, for the work you
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.
You are further advised that unless such corrective action is taken or an Answer is served
on the City and filed with the Hennepin County District Court Administrator within 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 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
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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 November 15, 2016. KENNEDY & GRAVEN, CHARTERED
By:
Mary D. Tietjen(#0279833)
Elizabeth Brodeen-Kuo (#0391949)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR THE
CITY OF RICHFIELD
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EXHBIT A TO ABATEMENT ORDER
Legal Description
Lot 12, Block 6, "Irwindale", according to the recorded plat thereof, and situated in Hennepin
County, Minnesota.
Torrens Property
Being registered land as is evidenced by Certificate of Title No. 674902.
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488863v1 LBK RC145-703