HomeMy WebLinkAboutResolution No. 2008-049 Order for Demolition, Tingdale RESOLUTION NO. 2008-49
o� a '``" CITY OF EDINA
q o HENNEPIN COUNTY, MINNESOTA
1.CORoN .:
City of Edina
WHEREAS, the Building Official of the City of Edina has attempted without success
to have the owner of certain property remedy the hazardous condition of an unoccupied
buildings, and property located at 6321 Tingdale Avenue, Edina, Minnesota; and
WHEREAS, the City Council has determined that the buildings and property
constitute hazardous buildings and property within the meaning of Minnesota Statutes §
463.15, Subd. 3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina,
Minnesota:
1. Pursuant to Minnesota Statutes § 463.17 et seq., the City hereby adopts and
approves the Demolition Order for Repair and Removal of Hazardous Buildings and
Cleanup of Hazardous Property attached hereto as Exhibit "A".
2. The City of Edina finds that the property and buildings located at 6321
Tingdale Avenue in the City of Edina are hazardous buildings and property within the
meaning of Minn. Stat. § 463.15, subd. 3.
• 3. The City's legal counsel, Campbell Knutson P.A., 317 Eagandale Office
Center, 1380 Corporate Center Curve, Eagan, Minnesota 55121, is directed to serve the
Demolition Order and to proceed with enforcement in accordance with Minnesota Statutes
§ 463.15 et seg.
Adopted by the City Council of the City of Edina, Minnesota May 6, 2008.
i
ATTEST:1 ct &�r
Debra A. Mangen, City James B. Hovland, Mayor
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the
attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of May
6, 2008, and as recorded in the Minutes of said Regular Meeting.
• WITNESS my hand and seal of said City this day of 2008.
City Hall City CIM K 952-927-8861
4801 WEST 50TH STREET FAX 952-826-0390
EDINA,MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379
EXHIBIT A
• STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: Other Civil
Court File No.:
In Re the Matter of Hazardous Buildings ORDER FOR REPAIR AND REMOVAL
at 6321 Tingdale Avenue, City of Edina,. OF HAZARDOUS BUILDINGS AND
Hennepin County, Minnesota CLEANUP OF HAZARDOUS PROPERTY
TO: DAVID W. AZBILL, 6321 Tingdale Avenue, Edina, Minnesota 55438
and 3008 601h Street West,Minneapolis,Minnesota 55410
MORTGAGE INVESTMENT STRATEGIES, INC., 11212 — 86th Avenue North,
Suite B,Maple Grove, Minnesota 55369
PLEASE BE ADVISED that pursuant to order of the Edina City Council and 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 correct the hazardous buildings and property at 6321 Tingdale
Avenue, City of Edina, County of Hennepin, State of Minnesota, and legally described as
follows:
Lot 24, except the South 17feet thereof, and Lot 25, Block 3,
Normandale 2nd Addition, Hennepin County, Minnesota
(hereinafter the "subject property").
The subject property contains unoccupied buildings which constitute a health, safety, and
fire hazard to the residents of the City of Edina.
Attached as Exhibit A is an Inspector's Report dated April 2, 2008 prepared by Steven
A. Kirchman, Chief Building Official for the City of Edina, detailing the basis for this Order.
•
The City Council ordered the hazardous buildings on the subject property to be abated on
• , 2008.
ORDER
The existing property and buildings are in a hazardous condition due to inadequate
maintenance, dilapidation, and physical damage. The condition of the property and existing
buildings must be corrected so that they meet applicable building codes and City ordinances. If
the condition of the existing buildings and property is not corrected, they must be removed from
the subject property and all personal property,junk and debris, and fixtures must also be
removed.
Unless corrective action is taken within twenty (20) days,the City will move the District
Court for summary enforcement of this Order pursuant to Minnesota Statutes §463.19 unless an
• answer is filed within twenty(20) days of service of this Order upon you. Upon enforcement of
the Order by the City, the cost of enforcement will be charged against the property pursuant to
Minnesota Statutes §463.21.
Dated: , 2008. CAMPBELL KNUTSON
Professional Association
By:
Edina City Attorneys
Elliott B. Knetsch, #168130
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
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ACKNOWLEDGMENT
•
The City of Edina, by and through its undersigned attorneys, acknowledges that costs,
disbursements and reasonable attorney and witness fees may be awarded to the opposing party or
parties pursuant to Minnesota Statutes §549.21, Subd. 2.
Dated: , 2008.
Elliott B. Knetsch, #168130
•