10-22 Resolution No. 11671
RESOLUTION NO. 11671
RESOLUTION ORDERING THE SECURING OF A VACANT BUILDING AT 7100
OLIVER AVENUE SOUTH
WHEREAS
, the City Council of Richfield finds that the building located at 7100
Oliver Avenue South, Richfield MN, 55423 (“Property”) is vacant and hazardous
because it is open to trespass and has not been secured based on the following
circumstances:
a. A visit to the home on February 25, 2019 revealed the home was
unsecure. Owner advised she would lock up and re-board.
b. A visit to the home on April 24, 2019 revealed the home was unsecure.
Owner was advised to secure property.
c. A neighborhood complaint was received on May 22, 2019 regarding the
condition of the property. Owner advised she was working with the
insurance company. City staff advised owner to secure the property.
d. A visit to the home on July 11, 2019 revealed the home and garage
were unsecure. City staff advised owner to secure the property. The
owner advised city staff that rehab on the house would begin “any day”.
e. A visit to the home on September 23, 2019 revealed the home was
unsecure. City staff boarded up the rear entry and locked the front door.
f. A visit to the property on October 2, 2019 revealed the home was
unsecured. Owner advised to secure the property.
g. The vacant structure was administratively registered as vacant by city staff
on October 4, 2019. To date, the owner has not responded.
WHEREAS
, the conditions listed above are more fully documented in the
photos prepared by Jennifer Grinde, Housing Inspector, on October 3, 2019, a copy of
which is attached as Exhibit A.
WHEREAS
, City staff have been in contact with the owner of the Property
between February 25, 2019 and September 25, 2019, who has failed to secure the
building;
WHEREAS
, the owner has failed to provide a property plan to secure and
maintain the building as required by Richfield City Code subsection 925.02 and this
action is therefore necessary to take steps to secure the building;
WHEREAS
, Richfield City Code subsection 925.02, subd. 3, adopts Minn.
Stat. § 463.251 by reference;
WHEREAS
, pursuant to Minn. Stat. § 463.251, the City Council of Richfield finds
that securing the building will address public safety concerns associated with its
ongoing vacancy and lack of maintenance.
NOW, THEREFORE, BE IT RESOLVED
, by the City Council of the City of
Richfield, Minnesota, as follows:
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Resolution No. 11671
1. Pursuant to the foregoing findings and in accordance with Minn. Stat. §
463.251, the Council orders the owner of the Property to properly secure the
building by taking the following actions:
a. Secure rear door to prevent access without a key.
b. Repair hole in roof to be reasonably water tight.
c. Repair damaged walls, soffits, gable end vents, and windows to be
rodent proof and reasonably water tight. This repair could be plywood
painted to match.
d. Remove all garbage from the exterior.
2. The owner, the owner’s agent, or the holder of the sheriff’s certificate of
six (6) days after this
sale (if applicable) must do one of the following within
Order is served on them
:
a. Comply with this order and take the steps to secure the building as
described in paragraph 1.
b. Provide the City with a reasonable plan and schedule to comply with this
Order. The plan must be in writing and received by City of Richfield
Support Services Supervisor Jennifer Anderson.
c. Request a hearing before the Council challenging the determination
that the Property is vacant and hazardous and in need of securing. The
request must be in writing and received by City of Richfield Support
Services Supervisor Jennifer Anderson.
3. If the owner, the owner’s agent, or the holder of the sheriff’s certificate fails to
comply with options outlined in paragraph 2, the City will take action to secure
the building on the Property.
4. All work must be completed in compliance with all applicable codes and
regulations, pursuant to proper permits from the City.
5. The holder of any sheriff’s certificate has a duty under Minn. Stat. § 582.031,
subd. 1(b) to enter the premises to protect it from waste and trespass if this
Order is not challenged or set aside and there is prima facie evidence of
abandonment of the Property as described in Minn. Stat. § 582.032, subd. 7.
6. If the City must take actions to enforce this Order, the City will specially
assess all enforcement costs against the Property in accordance with Minn. Stat.
§§ 463.251, 463.21, and 463.151.
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Resolution No. 11671
7. The city attorney is authorized to serve this Order upon the owner of the
Property, the holder of the sheriffs certificate of sale, and all lien holders of record.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of October,
2019.
Edwina Garcia, Mayor 'ro empore
ATTEST:
C ' a iiir) 7
Elizabeth VanHoose, ity Clerk
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Resolution No. 11671