HomeMy WebLinkAboutResolution No. 2014-028 Declaring 4100 Parklawn Avenue Hazardous Building 1, p.
RESOLUTION NO. 2014-28
CITY OF EDINA
A RESOLUTION ORDERING ABATEMENT
OF HAZARDOUS BUILDING
WHEREAS, the Fire Marshal for the City of Edina has attempted without success to have the owner
of certain property remedy the hazardous and unsafe condition of the uninhabitable apartment situated on
property at 4100 Parklawn Avenue South Unit#109, Edina, Minnesota 55435 ("Subject Property"), in
Hennepin County; and
WHEREAS, the City Council has determined that the building on the property constitutes a
hazardous building and is a health and safety hazard within the meaning of Minn. Stat. §463.15, subd. 3; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDINA, MINNESOTA:
I. The City has fully considered all evidence relating to the code violations at the Subject
Property. Said evidence is attached hereto as Exhibit A. Exhibit A includes the following
documents:
a. Ownership Documents: Parcel Data for the Subject Property for the year 2013; An
Owners and Encumbrance Report for the Subject Property dated October 24, 2013
b. Police Report and Photographs: Initial Complaint, Edina Police Department Report
from May 15, 2013 with attached photographs of the Subject Property
c. Administrative Search Warrant
d. Correspondence: A letter from Ms. Karen Brundin dated October 14, 2013; A letter
from Fire Marshal Jeff Siems to Ms. Brundin dated December 9, 2013
e. Past Code Violations: Letters regarding violations at the Subject Property and
photographs
2. After fully considering all of the reports, photographs, documents, and other evidence
pertaining to the code violations at the Subject Property, the City of Edina finds:
a. Karen Lynn Brundin, 4100 Parklawn Avenue, Apt. 109, Edina, Minnesota 55435, is
the owner of the Subject Property. The lienholders of the Subject Property are as
follows: Secretary of Housing and Urban Development, 451 7th Street, SW,
Washington, D.C. 20410; and Wells Fargo Bank, N.A., P.O. Box 17339, Baltimore,
Maryland 21297.
b. The Fire Marshal for the City of Edina has made repeated efforts without success to
have the owner, Ms. Karen Brundin, remedy the code violations. The administrative
search warrant dated September 5, 2013, notified Ms. Brundin of the code violations.
Ms. Brundin acknowledged the excessive storage but failed to take any action to
resolve the matter. On October 14, 2013, Ms. Brundin requested an extension to
remedy the code violations via letter, and the City granted her an extension. On
December 9, 2013, the City sent a letter requesting that Ms. Brundin schedule an
inspection of the Subject Property no later than December 17, 2013. Ms. Brundin
failed to respond to that letter.
CITY OF EDINA
4801 West 50th Street•Edina,Minnesota 55424
www.EdinaMN.gov•952-927-8861 • Fax 952-826-0389
Resolution No. 2014-?
Page Two
c. The condition of the property located at 4100 Parklawn Avenue, Apt. 109, Edina,
Minnesota 55435, in Hennepin County, is a health and safety hazard and contains a
fire hazard or a hazard to public safety or health and is therefore a Hazardous
Property within the meaning of Minn. Stat. §463.15, subd. 3.
d. Piles of cardboard boxes, bags, and other storage items have blocked the front door
of the Subject Property, such that, on May 15, 2013, police officers could only open
the front door approximately ten (10) inches. Officers observed that the boxes, bags,
and other storage items were piled within inches of the ceiling and blocked all view of
the rest of the apartment unit.This constitutes a violation of Edina City Code §
605.01, subd. I and Minn. State Fire Code § 315.2.
e. The piles of cardboard boxes, bags, and other storage items are not maintained at
least 2 feet or more in non-sprinklered areas of the Subject Property or at least 18
inches below sprinklered areas of the Subject Property in violation of Edina City
Code § 605.01, subd. I, 2; Minn. State Fire Code § 315.2.1.
f. The piles of cardboard boxes, bags, and other storage items are not separated from
heaters or heating devices in the Subject Property in violation of Edina City Code§
605.01, subd. I and Minn. State Fire Code § 315.2.
g. The piles of cardboard boxes, bags, and other storage items are stored near exits,
making access into and out of the Subject Property nearly impossible in violation of
Edina City Code § 605.01, subd. I and Minn. State Fire Code § 315.2.2. Said storage
obstructs and impedes the ability to exit in the case of a fire or other emergency in
violation of Edina City Code § 605.01, subd. 2, 3; Minn. Admin. R. 751 1.1028.2,
7511.1028.3; and International Property Maintenance Code (IPMC) § 702.1.
3. Pursuant to Minnesota Statutes§463.16 et seq.,the City hereby adopts and approves the
Order for Repair and Removal of Hazardous Conditions attached hereto as Exhibit B.
4. The City's legal counsel, Campbell Knutson, P.A., 317 Eagandale Office Center, 1380
Corporate Center Curve, Eagan, Minnesota 55121, is directed to erve the Order for Repair
and Removal of Hazardous Conditions and to proceed with enforcement in accordance with
Minn. Stat. §463.15 et seq.
ADOPTED this 18th day of March, 2014, by the City Council of the City of Edina, Minnesota.
Attest:
Debra A. Mangen, Ci y C143, 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 March 4, 2014, and as recorded in the Minutes of
said Regular Meeting.
WITNESS my hand and seal of said City this day of
City Clerk
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