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HomeMy WebLinkAbout9.a. Approval of Resolution Ordering the Abatement of Conditions Creating a Nuisance and a Hazardous Property EXECUTIVE SUMMARY City Council Regular Meeting: October 4, 2016 AGENDA ITEM: Approval of Resolution Ordering the Abatement of Conditions Creating a Nuisance and a Hazardous Property Existing at 13425 and 13429 Robert Trail South and 13480 and 13510 Dodd Boulevard. AGENDA SECTION: New Business PREPARED BY: Kim Lindquist, Community Development Director AGENDA NO. 9.a. ATTACHMENTS: Resolution, Site Aerial APPROVED BY: ddj RECOMMENDED ACTION: Motion to adopt a Resolution Ordering the Abatement of Conditions Creating a Nuisance and a hazardous Property Existing at 13425 and 13429 Robert Trail South and 13480 and 13510 Dodd Boulevard in the City of Rosemount SUMMARY The City approved a preliminary plat for the Dunmore project in 2015. The applicant has not received final plat approval as yet. However, portions of the site had been demolished in preparation for future development. Residential structures had been demolished or removed, leaving open foundations, materials and debris. The barn has been partially dismantled and the silo would be accessible. Staff has received comments and complaints about the site debris and questions about how safe the site is in its current shape. Staff had sent a letter to the property owner, who is the subdivision developer, Copper Creek LLC, that the nuisance and hazardous conditions must be removed on the site. The property owner had asked for an extension, stating that he planned on final demolition and site grading this fall in anticipation of commencing development. Staff gave the owner until October 1, however, at the time of this writing there are still many hazards left on the site. Staff is requesting the Council approve the attached resolution which will allow the City to hire someone to clean up site hazards and charge the costs back to the property. The City has used the process one other time, and the City Attorney has assisted in drafting the resolution. Pursuant to Minn. Stat 453.16 “a governing body of any municipality may order the owner of any hazardous building or property within the municipality to correct or remove the hazardous condition of the building or property or to raze or remove the building.” Staff will review the site on Tuesday and can provide an update to the Council about the site clean-up progress. Regardless, given the time of the year, and the length of time the property has sat in an unsafe manner, it would be prudent to approve the resolution which the city can hold if clean-up is completed. Otherwise, the city will file the resolution with the courts which starts the formal process. The order gives a 30-day compliance period and notice of enforcement before the Dakota County District Court if compliance is not met. CONCLUSION & RECOMMENDATION Staff recommends approval of the resolution. 1 RESOLUTION NO. 2016- A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE AND A HAZARDOUS PROPERTY EXISTING AT 13425 AND 13429 ROBERT TRAIL SOUTH AND 13480 AND 13510 DODD BOULEVARD, IN THE CITY OF ROSEMOUNT WHEREAS, the property located at 13425 and 13429 Robert Trail South and 13480 and 13510 Dodd Boulevard, legally described on Exhibit A, attached hereto, which had contained four single-family dwellings and multiple out buildings (the “Subject Property”); and WHEREAS, a physical inspection by the City Building Official of the Subject Property on September 27, 2016 identified partially demolished buildings, piles of building demolition debris, un-barricaded open basements and a swimming pool, piles of crumpled sheet metal roofing and surrounding yard areas are filled with excessive demolition debris, and other conditions which are injurious to public health; and WHEREAS, the City has communicated its intent to the owner of the Subject Property on numerous occasions that if the owner failed to comply with the applicable City codes, the City would institute a hazardous building action; and WHEREAS, by notice dated August 4, 2016 the owner was ordered by the City of Rosemount to repair these items; and WHEREAS, the owner requested additional time to bring the site into compliance and the City allowed additional time until October 1, 2016 to bring the entire site into compliance and remove unsafe, hazardous, and nuisance issues on the site, and WHEREAS, the owner did not complete the repairs as required by the notice and the extension; and WHEREAS, the Chief Building Official has determined that the partially demolished buildings, piles of building demolition debris, un-barricaded open basements and swimming pool, piles of crumpled sheet metal roofing, and surrounding yard areas are filled with excessive demolition debris are a violation of Sections 9-4-7 of the City Code and create hazardous and nuisance conditions and that the City must perform all work necessary in order to abate the hazardous and nuisance conditions on the Subject Property unless the owner performs all work set out in the attached order; and WHEREAS, Copper Creek Development, LLC, is the owner of the Subject Properties and have they have taken minimal steps to abate the hazardous conditions; and WHEREAS, Minnesota Statutes, Section 463.161 authorizes the governing body of any city or town to order the owners of any hazardous building within the municipality to correct or remove all hazardous condition; and 2 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, Minnesota Statutes, Section 463.161 et seq. authorizes a city to correct or remove a hazardous condition of any hazardous building if the owner of record fails to do so after 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 Cit y of Rosemount as follows: 1. The Subject Properties, specifically the partially demolished buildings, including the barn and silo; piles of building demolition debris; un-barricaded open basements and swimming pool; piles of crumpled sheet metal roofing; and surrounding yard areas are filled with excessive demolition debris; are hazardous as defined by Minnesota Statutes, Section 463.15. 2. The house and yard also constitute a public nuisance within the meaning of Minnesota Statutes, Section 609.74 and Sections 9-4-7 of the Rosemount City Code. 3. An Abatement Order substantially similar to that attached hereto as Exhibit B shall be served upon all parties with an interest in the Subject Property in order to effectuate this Resolution. 4. 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 Subject Property by court order or consent and assess the costs thereof against the Subject Property. Passed and duly adopted this 4th day of October, 2016, by the City Council of the City of Rosemount, Minnesota. ______________________________ William Droste, Mayor ATTEST: _________________________________ Clarissa Hadler, City Clerk A-1 EXHIBIT A Legal Descriptions That part of the North Half of the Southeast Quarter of Section 20, Township 115, Range 19, Dakota County, Minnesota which lies northerly of ROSEMOUNT FAMILY HOUSING, according to the recorded plat thereof and westerly of the occupied right of way line of State Trunk Highway No. 3. Together with the Southwest Quarter of the Northeast Quarter of Section 20, Township 115, Range 19, lying westerly of the occupied right of way for State Trunk Highway No. 3, Dakota County, Minnesota, except that part described as follows: Commencing at a point on the North line of the Southwest Quarter of Section 20, Township 115, Range 19, said point being 607.8 feet East of the Northwest corner of said Southwest Quarter of Northeast Quarter; thence East along the said North line of the Southwest Quarter of Northeast Quarter, 50 feet; thence South 40 feet; thence West 50 feet; thence North 40 feet to the point of beginning. B-1 EXHIBIT B Abatement Order STATE OF MINNNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT ________________________________________ Case Type: Other Civil In the Matter of the Hazardous Property Located at 13425 and 13429 Robert Trail South and 13480 and 13510 Dodd Blvd. In Rosemount, Minnesota ORDER FOR ABATEMENT OF A HAZARDOUS PROPERTY ________________ TO: All owners, occupants, and all lienholders of record. The City Council of the City of Rosemount orders that within 20 days of service of this Order that you abate the hazardous conditions which exist on the property located at: 13425 and 13429 Robert Trail South and 13480 and 13510 Dodd Boulevard, in the City of Rosemount, which property is legally described on Exhibit A attached hereto. The City of Rosemount, pursuant to Minnesota Statutes Sections 463.15 to 463.261, finds that the building located at the above-referenced properties, specifically the partially demolished buildings, piles of building demolition debris, un-barricaded open basements and swimming pool, piles of crumpled sheet metal roofing, and surrounding yard areas are filled with excessive demolition debris constitutes a hazardous building within the meaning of Minnesota Statutes Section 463.15, subdivision 3. The City of Rosemount, pursuant to Minnesota Statutes Sections 561.01 and 609.74 and based on the authorization of Section 9-4-7 of the City Code, finds that the property located at B-2 the above-referenced address constitutes a “public nuisance” within the meaning of Minnesota Statutes Section 609.74 and Section 9-4-7 of the City Code. Pursuant to the above-referenced statutes and ordinance, it is hereby ORDERED that you abate the hazardous property conditions within 20 days of the date of service of this Order by either removing the building or repairing the property by completing the following: 1. Remove all excess junk, rubbish, and unnecessary articles from subject properties; 2. Remove and backfill un-barricaded open basements and swimming pool; 3. Complete demolition of partially demolished buildings; 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. Further, all work completed is subject to inspection by the City’s building inspector, Fire inspector, and other staff as required to ensure compliance with applicable rules and law. You are further advised that unless such corrective action is taken or an Answer is served on the City and filed with the Dakota County District Court Administrator within 20 days of the date of service of this Order upon you, a motion for summary enforcement of this Order will be made to the Dakota County District Court. 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, including expert witness fees and traveling B-3 expenses incurred by the City from the time this Order was originally made pursuant to Minnesota Statutes Section 463.22. Dated October 4th, 2016 KENNEDY & GRAVEN, CHARTERED By: Mary Tietjen (#279833) Elizabeth Brodeen-Kuo (#0391949) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 ATTORNEY FOR THE CITY OF ROSEMOUNT B-A-1 EXHBIT A TO ABATEMENT ORDER Legal Descriptions That part of the North Half of the Southeast Quarter of Section 20, Township 115, Range 19, Dakota County, Minnesota which lies northerly of ROSEMOUNT FAMILY HOUSING, according to the recorded plat thereof and westerly of the occupied right of way line of State Trunk Highway No. 3. Together with the Southwest Quarter of the Northeast Quarter of Section 20, Township 115, Range 19, lying westerly of the occupied right of way for State Trunk Highway No. 3, Dakota County, Minnesota, except that part described as follows: Commencing at a point on the North line of the Southwest Quarter of Section 20, Township 115, Range 19, said point being 607.8 feet East of the Northwest corner of said Southwest Quarter of Northeast Quarter; thence East along the said North line of the Southwest Quarter of Northeast Quarter, 50 feet; thence South 40 feet; thence West 50 feet; thence North 40 feet to the point of beginning.