HomeMy WebLinkAboutResolution No. 2017-128 Ordering Removal of Hazardous Conditions r s
RESOLUTION NO.2017- 128
A RESOLUTION ORDERING CORRECTION
OR REMOVAL OF HAZARDOUS CONDITIONS
WHEREAS,the Community Health Administrator of the City of Edina has attempted
without success to have the owner of certain property at 5754 Wooddale Avenue,Edina,
Minnesota, in the County of Hennepin("Subject Property"),remedy the hazardous condition of the
property, including the residential home("Subject Building")thereon;
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Edina,
Minnesota:
1. The City has fully considered all evidence relating to the hazardous condition of the
Subject Property and Subject Building. Said evidence includes an October 16, 2017,
Memorandum from Community Health Administrator Jeff Brown with photographs,
Property Report,and the Council Memorandum.
2. After fully considering all of the photographs,documents,and other evidence
pertaining to the hazardous condition of the Subject Property and Subject Building,
the City of Edina finds:
a. Jerome and Jennifer Wind are the owners and tenants of the Subject
Property. The Secretary of Housing and Urban Development and
Nationstar Mortgage LLC hold mortgages on the Subject Property.
b. An October 16,2017,inspection of the Subject Property and Subject
Building revealed numerous violations of the Edina City Code and
Minnesota Statutes, as set forth in the attached Exhibit A.
C. As of the date of this Resolution,no steps have been taken to remedy the
violations set forth in Exhibit A.
3. Because of the inadequate maintenance,dilapidation,physical damage,and
unsanitary condition,the Subject Property and Subject Building constitute fire
hazards and hazards to public safety and health,and are therefore a Hazardous
Property and Hazardous Building within the meaning of Minn. Stat. §463.15,
subd.3.
CITY OF EDINA
4801 West 50th Street.Edina,Minnesota 55424
wwwEdinaMN.gov•952-927-8861 •Fax 952-826-0390
4. Pursuant to Minnesota Statutes§463.15 et seq.,the City hereby adopts and
approves the Order to Correct or Remove Hazardous Conditions attached hereto as
Exhibit A.
5. Pursuant to Minnesota Statutes§463.15 et seq.,the City hereby directs its legal
counsel,Campbell Knutson,P.A.,Grand Oak Office Center I,860.Blue Gentian
Road,Suite 290,Eagan,Minnesota 55121,to initiate such actions as maybe deemed
proper to remove or remedy the hazardous condition and to prevent the building
from posing a continuing hazard to the public,including,but not limited to,a
hazardous building action under Minnesota Statutes§463.15 et seq.
PASSED AND ADOPTED this '9-'4 day of A 2017 by the City
Council of the City of Edina,Minnesota.
CITY OF ED
B
James B. Hovland,Mayor
ATTEST:
Debra A.Mangen, City Jerk
EXHIBIT A
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: Housing/Hazardous Building
Court File No.
IN RE:
The Matter of a Hazardous Property and Hazardous ORDER TO CORRECT OR REMOVE
Building Located at 5754 Wooddale Avenue, HAZARDOUS CONDITIONS
City of Edina,Hennepin County,Minnesota
TO: Owners and tenants of the above real estate:
Jerome and Jennifer Wind,5754 Wooddale Avenue,Edina MN 55424
Secretary of Housing and Urban Development,c/o U.S.Attorney's Office,600 U.S.
Courthouse,300 South Fourth Street,Minneapolis,Minnesota 55415-with cony to:
Secretary of Housing and Urban Development,Minneapolis Field Office,
International Center,920 Second Avenue South,Suite 1300,Minneapolis,
Minnesota 55402-4012
Nationstar Mortgage LLC d/b/a Champion Mortgage Company,c/o Mr.Cooper,
Attn: Research/Legal Dept.,8950 Cypress Waters Boulevard,Coppell,TX 75019
PLEASE BE ADVISED that by authority of Minnesota Statutes §463.15 et seq.,you
have twenty(20) days from the date of service of this Order upon you,to remedy the tire, health,
and safety hazards and the hazardous condition of the property and buildings thereon located at
5754 Wooddale Avenue,Edina MN 55424, located in the County of Hennepin, and legally
described as follows:
Lot 4, Block 3, "Concord Grove Addition", according to the recorded plat thereof
On October 16,2017, inspection staff executed an administrative search warrant for an
interior and exterior inspection of the above referenced property and building thereon and were
allowed entry by Mr. Wind. Staff found many city code and state law violations on the property
in the home.To date, no progress has been made toward correcting or removing the hazardous
EXHIBIT A
conditions. The following violations must be completely corrected or removed and the property
inspected within twenty(20) days from the date of service of this Order:
Interior
• Evidence of nesting material and rodent droppings.
• Animal feces in the attic.
• Excessive amount of belongings appearing abandoned throughout many rooms in
the home,eliminating egress from some areas and creating a fire hazard and
rodent harborage conditions.
• The main water supply line appears to be broken and water is running into the
basement level of the home.
• Openings in the exterior walls of house,providing pest access to interior of home.
• Unsanitary conditions exist throughout the home
Exterior
• Numerous containers holding standing water throughout the property.
• Lumber and other building materials scattered around the property creating rodent
harborage conditions.
• An abandoned, homemade, structurally unsound play structure in the rear yard.
• Miscellaneous appliances,tools, pallets, ladders, furniture, and home furnishings
stored outside of the home creating rodent harborage conditions.
• Grass and weed maintenance has been neglected in rear yard and around
perimeter of property.
If you fail to remedy the hazardous conditions,the City will seek permission from the
District Court for the City to correct or remove the hazardous conditions of the property and
building. The City will move the District Court for summary enforcement of this Order pursuant
to Minn. Stat. § 463.19 unless you remedy the situation within said twenty(20)day period or
unless an answer is served within twenty(20)days of service of this Order upon you pursuant to
Minn. Stat. § 463.18. Upon enforcement of the Order by the City, all costs expended by the City
will be assessed against the real property and collected as other taxes as provided in Minn. Stat.
§§463.21 &463.22.
EXHIBIT A
CAMPBELL KNUTSON
Professional Association
Dated: , 2017 By:
Soren M. Mattick (#27785X)
Edina Assistant City Attorney
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan,Minnesota 55121
Telephone: (651)452-5000
ACKNOWLEDGMENT
The City of Edina,by and through its undersigned attorney, acknowledges that costs,
disbursements, and reasonable attorney and witness fees may be awarded to the opposing party
or parties pursuant to Minnesota Statutes § 549.211, subd. 1.
Dated: , 2017
Soren M.Mattick