10-24 Resolution No. 11424 RESOLUTION NO. 11424
RESOLUTION APPROVING PETITION AND WAIVER AGREEMENT WITH
RESPECT TO THE SPECIAL ASSESSMENT OF ABATEMENT COSTS AND
ATTORNEY FEE JUDGMENT RELATING TO 7144 4th AVENUE S,RICHFIELD,
MINNESOTA 55423
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows:
WHEREAS, the City Council determined the property located at 7144 4th Avenue S (the
"Property") contained a hazardous building on November 15, 2016 (Resolution No. 11285); and
WHEREAS, the City issued a hazardous building order on December 5, 2016 requiring
the Owner to abate the conditions on the Property; and
WHEREAS, the Owner did not abate the conditions on the Property; and
WHEREAS, the City obtained a default judgment from the court to enforce the
abatement order on February 6, 2017 (Case No. 27-CV-16-18618; Exhibit A); and
WHEREAS, the City hired a contractor to abate the hazardous conditions on the
Property; and
WHEREAS, the City incurred $8,846.17 ("Abatement Costs") in abating the hazardous
conditions; and
WHEREAS, on July 19, 2017, the City obtained a judgment from the court to assess
$8,777.50 ("Attorney Fee Judgment") in attorney's fees and costs against the Property, which
were incurred in bringing the hazardous building action(Exhibit B); and
WHEREAS, the Owner has requested that the assessment of the total costs against the
Property occur over a period of ten(10) years; and
WHEREAS, the City is willing to specially assess the Property over a period of ten (10)
years; and
WHEREAS, the City is willing to forgo notices and hearings, provided the assurances
and covenants hereinafter stated are made by the Owner to ensure that the City will have a valid
and collectable special assessment as it relates to the Abatement Costs and Attorney Fee
Judgment; and
WHEREAS, the Owner has agreed to sign the Petition and Waiver Agreement, attached
hereto as Exhibit C (excepting the referenced exhibits), that will allow the City to assess the total
Abatement Costs and Attorney Fee Judgment to the Property over a period of ten(10) years; and
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. The Petition and Waiver Agreement is approved. The City Attorney and City staff
are authorized to take all necessary steps to secure compliance with the Agreement.
Adopted by the City Council of the City of Richfield, Minnesota th. 4th day.of Octob r, 2017.
Pat Elliott, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
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EXHIBIT A
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27-CV-18-18618 Fikd n Fourth Judloal Orstia Court
2.620171:1024 PM
Hennepin Canty,MN
STATE OF MINNESOTA DISTRICT COURT
COUNT=OF HENNEPIN FOURTH JUDICIAL DISTRICT
Court File No 27-CV-16-18618
In the Matter of the Hazardous Building Case Type:Other Civil
Located at 7144 4th Avenue S.
Richfield.Minnesota ORDER FOR JUDGMENT
This matter came before the undersigned on February 6. 2017. at 11:00 ant.at the Hennepin
County District Court.in Minneapolis.Minnesota.upon the City of Richfield's{-City")Motion
for Default Proceedings for Enforcement of Order for Abatement of a Hazardous Building and
Public Health and Safety Nuisance.
Mary Tietjen. City Attorney. Elizabeth C. Brodeen-Kuo. Assistant City Attorney. and Charlie
O'Brien.Code Compliance Officer.appeared on behalf of the City of Richfield. The owner of the
Subject Property. Theresa Steeno. did appear. Counsel for Deutsche Bank National Trust
Company.Greta Bjerlmess.did appear.
• Based on all the documents.evidence and arguments of counsel presented herein,the Court makes
the following findings of fact.conclusions of law,and orders:
FINDINGS OF FACT
1. This action involves real pluptity located at 7144 4th Avenue S in the City of
Richfield.Minnesota.which property is legally described as follows:
Lot 8.Block 2.'Ireland Addition'.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.1193229.
(-Subject Property.)
2. The Subject Property is owned by Theresa Steeno(Ms.Steeno). Deutsche Bank
National Trust Company has a mortgage interest in the Subject Property. Fabyanske.Westra.
Hart&Thompson PA won a judgement against the Subject Property(Case#27-CV-07-26408).
The State of Minnesota has a tax lien on the Subject Property(State Tax Lien#367487).
3. The Subject Property contains a residential dwelling. To the best of the City's
knowledge.the dwelling is vacant.
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Hennepin County,MN
4- Minnesota Statutes Section 463.16 authorizes the governing body of any
municipality to order the owner of any hazardous building or property within the municipality to
correct or remove the hazardous condition of the building or property or to raze or remove the
building.
5. 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.-
6. Minnesota Statutes Sections 463.161-463.21 authorizes a city to correct or
remove the hazardous condition of any hazardous building or 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.
7. City Code Compliance Officers inspected the Subject Property on August 27.
2015 and October 5,2016 and found the following conditions:garbage and debris strewn around
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). no
access to certain rooms. including the basement and bathroom, feces throughout the dwelling.
conditions allowing the breeding of insects and vermin, an insect infestation covering the
refrigerator.unsanitary conditions throughout the dwelling.fire hazards,lack of electricity,lack
of water,garbage and debris scattered in the yard surrounding the dwelling. and vegetation in
yard is not maintained.
8. On November 15.2016.the Richfield City Council passed Resolution No.11285
("Resolution'). The Resolution established that the Subject Property contains a hazardous
building within the meaning of Minnesota Statutes Section 463.15. The Resolution further
established the Subject Property constitutes a public nuisance within the meaning of Minnesota
Statutes Section 609.74 and a nuisance affecting public health under Richfield City Code
Subsection 925.01. subdivision 2(1). Additionally.the Resolution established the dwelling on
the Subject Property constitutes a public health nuisance %%thin the meaning of Minnesota
Statutes Section 145A.02.subdivision 17. The Resolution authorized the issuance of an order
for abatement therefor(the"Order").
9. Ms.Steen was personally served with the Order and Resolution on December 5.
2016 at Richfield City Hall.6700 Portland Avenue.Richfield.Minnesota.
10. Pursuant to Minnesota Statutes Section 5.25. subdivision 4. Deutsche Bank
National Trust Company was served with the Order and Resolution through the Minnesota
Secretary of State's office on December 6.2016.
11. Fabyanske. Westra. Hart & Thompson PA was served with the Order and
Resolution on December 6.2016.
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Hennepin Caunty,MN
12. Pursuant to Minnesota Rule of Civil Procedure 4.03(d).the State of Minnesota
was served with the Order and Resolution through service on an Assistant Attorney General on
December 6.2016.
13. The dwelling is inadequately maintained.dilapidated,in an unsanitary condition.
and constitutes a hazard to the public safety and health:therefore.it is a hazardous building as
defined by Minnesota Statutes Section 463.15.
14. 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.
15. The dwelling further constitutes a public health nuisance within the meaning of
Minnesota Statutes 145A.02.subdivision 17.
16. No interested party has taken any steps to abate the hazardous and nuisance
conditions of the dwelling on the Subject Property.
17. No interested party filed an Answer with the Court or otherwise complied with
the Order.
18. The City provided notice to all interested parties of this Motion for Default
Judgment by U.S.Mail and by service through the Minnesota Secretary of State.
19. The-City appeared at the Febnrary 6.2017 hearing for this matter. Ms. Steen
did not appear at the hearing. Counsel for Deutsche Bank National Trust Company did
not appear at the hearing.
CONCLUSIONS OF LAW AND ORDER
1. The City's Motion for Enforcement of the Order for Abatement of a Hazardous
Building and Public Health and Safety Nuisance is hereby granted pursuant to Minnesota
Statutes Section 463.19.
2. Commencing March 22, 2017. the City may enter the Subject Property and the
dwelling pursuant to Minnesota Statutes Section 463.21 in order to enforce the City's Order and
repair the dwelling to remove the conditions found to be hazardous under the aforementioned
statute. This includes but is not limited to entering the Subject Property and the dwelling to
obtain estimates for the necessary cleanup of the Subject Property and the dwelling.
3. The owner chall have until March 22.2017 to remove any and all valuable items.and
make a good faith attempt to correct the hazardous condition at the property. The owner shall
have access to the property between the hours of 8 a.m.to 9 p.m..seven days a week.to clean up
the property and'or remove any valuable items from the property.The owner shall contact the
City for access to the property when she is avalable.
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