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Home My WebLink About4.B.1. Abatement of Hazardous Conditions at 6079 Oxford Rd. N -Res. No. 7367 owtA Consent Business 4. B. 1. SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark McNeill, City Administrator DATE: 10/01/2013 SUBJECT: Abatement of Hazardous Conditions at 6079 Oxford Rd. N.-Res. No. 7367 (A) Action Sought The Council is asked to offer Resolution No. 7367, a resolution ordering abatement of hazardous conditions at 6079 Oxford Road N., and move its adoption. Background On April 3, 2013, the single family residence located at 6079 Oxford Road N. was heavily damaged in a fire that was ultimately determined to be arson. After extinguishing and investigating the fire, the Fire Department boarded up and secured the property. Nearly six months later, the property remains in that condition with no noticeable efforts to repair, rebuild or demolish the damaged structure. Pictures of the house, taken in mid-September, are contained within the attached Resolution. The Fire Marshal has reported that fire destroyed 50% of the interior of the house and significant water and smoke damage have impacted the entire property, resulting in a hazardous property. A criminal investigation regarding the arson remains open, however Chief Tate reports that the Department has collected any and all relevant evidence from the property and has no concerns with it being demolished at this point. The City Attorney advises that the next appropriate step for the City would be to adopt the attached Resolution Ordering Abatement of Hazardous Condition. The "abatement" directed is the demolition of the house. The property owner/lien holder have 20 days and 30 days, respectively, from the date of notification to respond. However staff anticipates some difficulty in serving notice on the property owners, which may delay, but should not halt progress on this issue. If the property owner does not respond as directed, the next step would be for the City to seek a court order for the demolition of the house. Recommendation Staff recommends adoption of the attached Resolution, prepared by the City Attorney's office. Relationship to Vision This item relates to Goal A: "Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles." Requested Action If the Council concurs, it is asked to offer Resolution No. 7367, a resolution ordering abatement of hazardous conditions at 6079 Oxford Road N., and move its adoption. Attachments: Resolution No. 7367 RESOLUTION NO. 7367 A RESOLUTION ORDERING THE ABATEMENT OF HAZARDOUS PROPERTY CONDITIONS AT 6079 OXFORD ROAD NORTH IN THE CITY OF SHAKOPEE WHEREAS, the property located at 6079 Oxford Road North, Shakopee, Minnesota, 55379 is legally described as: Lot 4, Block 1, Savanna Oaks at Southbridge P Addition, Scott County, Minnesota ("Property"); and WHEREAS, Chedrua Yanlecheuyin and Jianeujongai Yanlecheuyin are the owners of the Property("Owners"); 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, the City of Shakopee ("City") received notification of a house fire in the dwelling on the Property on April 3, 2013; and WHEREAS, the City conducted a physical inspection and took photographs of the dwelling on the Property on April 3, 4, and 5, 2013; said photographs are attached hereto as Exhibit A; and WHEREAS, the City Fire Marshal's Report dated September 19, 2013 indicates that the April 3, 2013 fire on the Property caused the destruction of approximately 50 percent of the interior of the dwelling and significant smoke and water damage impacted 100 percent of the interior of the dwelling. Since the April 3, 2013 fire on the Property, water damage now affects 100 percent of the dwelling structure, it is not salvageable, and must be torn down; and WHEREAS, Minnesota Statutes, Section 463.16, authorizes the governing body of any city to order the owner of any hazardous building within the municipality to correct or remove the hazardous condition or to raze or remove the hazardous building; and WHEREAS, the City sent a letter on September 25, 2013 by regular and certified mail to the Owners and lienholders of record indicating that on October 1, 2013 the City Council would consider a resolution to order the abatement of the hazardous building on the Property; and WHEREAS, the Owners have taken no steps to abate the hazardous property conditions and have not responded to the City's September 25, 2013 letter; and 4320841 SH155-324 WHEREAS, Minnesota Statutes, Section 463.161 et seq., authorizes a city to remove the hazardous conditions of any hazardous building, to assess its costs against the real estate if the owner of record fails to abate the hazardous conditions within a reasonable time, and the district court enters a judgment sustaining the city's order; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Because the April 3, 2013 fire on the Property caused the destruction of approximately 50 percent of the interior of the dwelling and significant smoke and water damage impacted 100 percent of the interior of the dwelling, and since the April 3, 2013 fire, water damage now affects 100 percent of the dwelling structure, the dwelling is hazardous as defined by Minnesota Statutes, Section 463.15. 2. An Abatement Order substantially similar to that attached hereto as Exhibit B shall be served as required by Minnesota Statutes, Section 463.17 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 and abate the hazardous conditions on the Property by court order or consent and assess the costs thereof against the Property pursuant to Minnesota Statutes, Sections 463.21 and 463.22. The question was on the adoption of the resolution and upon a vote being taken thereon, the following voted in favor thereof: And the following voted against the same: WHEREUPON SAID RESOLUTION WAS DECLARED DULY PASSED AND ADOPTED IN REGULAR SESSION THIS DAY OF OCTOBER 2013. Brad Tabke, Mayor ATTEST: City Clerk 432084v1 SH155-324 Exhibit A Photographs of the Property �S ! �. _s 432084v1 SH155-324 •• w, 432084v1 SH155-324 Exhibit B Abatement Order STATE OF MINNNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT Case Type: Other Civil Case #: In the Matter of the Hazardous ORDER FOR ABATEMENT OF A Building Located at 6079 Oxford Road North, HAZARDOUS BUILDING Shakopee, Minnesota 55379 TO: All owners and all lienholders of record. The City Council of the City of Shakopee orders that within 30 days of service of this Order you abate the hazardous conditions which exist on the property located at: 6079 Oxford Road North, Shakopee, Minnesota 55379, which property is legally described as: Lot 4, Block 1, Savanna Oaks at Southbridge 3rd Addition, Scott County, Minnesota ("Property"). The City of Shakopee, pursuant to Minnesota Statutes, Sections 463.15 to 463.261, and based on the authorization of City Council Resolution No. 2013- adopted on October 1, 2013, a copy of which is attached hereto and incorporated by reference herein, finds that the dwelling located at the Property experienced a fire on April 3, 2013 that resulted in destruction of approximately 50 percent of the dwelling, significant smoke and water damage impacted 100 percent of the interior of the dwelling, and since the April 3, 2013 fire, water damage now affects 100 percent of the 432084v1 SH155-324 dwelling structure. Said dwelling has not been repaired, and therefore constitutes a hazardous building within the meaning of Minnesota Statutes, Section 463.15, subdivision 3. Pursuant to Minnesota Statutes, Section 463.16 it is hereby ORDERED that you abate the hazardous property conditions within 30 days of the date of service of this Order by razing and removing the dwelling on the Property. You must apply for and obtain the appropriate permit(s) for the work you intend to perform from the appropriate City offices before abating the hazardous conditions. This Order is not a permit. You are further advised that unless such corrective action is taken or an Answer is served on the City and filed with the Scott County District Court Administrator within 30 days of the date of service of this Order upon you, a motion for summary enforcement of this Order will be made to the Scott County District Court. You are further advised that you have 30 days to remove any personal property or fixtures from the Property that will unreasonably interfere with the razing and removal of the hazardous building on the Property. If you fail to remove any personal property or fixtures within this time period, the City may sell the same at a public auction or destroy the same. 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 out this Order, including specifically, but not exclusively, filing fees, service fees, publication fees, attorneys' fees, appraisers' fees, witness fees, 4320841 SH155-324 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: , 2013 KENNEDY & GRAVEN, CHARTERED By: James J. Thomson (#145300) Melissa J. Manderschied (#386873) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 ATTORNEYS FOR THE CITY OF SHAKOPEE 4320841 SH155-324