HomeMy WebLinkAbout3J. Approve Demolition Services for 120 W.DivisionCityn f 3J .
Fa-n ault
Request for Council Action
TO: Mayor and City Council
THROUGH: Chuck Whiting, City Administrator
FROM: Peter Waldock, Community Development Director
MEETING DATE: March 27, 2012
SUBJECT: Demolition Services Proposal for 120 West Division Street
BACKGROUND:
The City Council passed resolution 2011 -102 ordering abatement of hazardous
conditions at 120 West Division Street. The property owner has not complied with
notices to repair a failing retaining and repair damage to the home the City has
received a default judgment from the District Court authorizing the City to remove
the home if needed to complete repairs to the retaining and eliminate hazardous
conditions at the site.
The Building Official has determined that it is necessary to demolish the home in
order repair the retaining wall and stabilize the bluff slope on the property. The
work is needed to prevent damage to adjoining property and remove existing
hazardous conditions on site. The City costs for engineering, demolition, repairs to
the retaining wall, stabilization of the bluff and legal fees will be invoiced to the
owner and if not paid the owner will be assessed for the costs.
Two proposals to demolish the home have been received by the Building Division.
The lowest cost proposal for this project was submitted Heselton Construction in
the amount of $11,250 (not including permits). The Building Division is seeking
approval of the lowest cost proposal for construction services to correct the
hazardous conditions at the subject site.
RECOMMENDATION:
Approve the demolition services proposal in amount of $11,250, as submitted by
Heselton Construction for demolition of the home at 120 West Division Street in
order to remove hazardous conditions in accordance with Resolution 2011 -102 and
as authorized by the default judgment dated January 20, 2012.
Attachments:
• Demolition Services Proposal
• Default Judgment
KABuilding Code Services \Hazardous Buiildings \120 Division Streetl\3 -27 -12 Demolition Proposal Council Memo.doc
680 NW 24th Street o P,O, Box 246 o Faribault, NN 55021
Phone: (507) 334 -3901 a Fax: (507) 334 -0114
To:
City of Faribault
Attn:
Al Ernste
From:
Mike Heselton
Date:
2/23/2012
Re:
120 West Division
House Demolition - 120 West Division
Quoted Price: $11.250.00 ��9. b i7
4� 4, 1
Quote Includes:
1, House & Garage Demolition.
2. Trucking & Disposal to a Certified Demolition Landfill.
3. Cap Well in basement, -® �06 N E
4. Remove and fill Cistern in back yard.
5. Sewer & Water Disconnection in street.
6. Street Patching.
Quote Excludes:
r1-.' Testing for hazardous materials. (Asbestos, Lead, ect.)
Z. Removal of hazardous materials, asbestos, paint, cans, oil , oct.
3. Permits if required.® Add -Ps9.oa
4. Appliance Disposal Fee.
5. Removal of West Garage Wall.
Note: 1. No work on existing retaining wail,
An Equal Opportunity Employer
State of Minnesota
Rice County
FARIBAULT HOUSING
REDEVELOPMENT AUTHORITY
C/O PETER WALDOCK
208 1 ST AVENUE NW
FARIBAULT MN 55021
r'
3 201
District Court
Third District
Court File Number: 66- C:V -11 -3268
Case Type: Civil Other/Misc.
Notice of Entry of
Judgment
In Re: In the Matter of the Hazardous Building Located at 120 Division Street West,
Faribault, Minnesota
You are notified that judgment was entered on January 20, 2012 .
Dated: January 20, 2012
Hans Holland
Court Administrator
By: Nt-
Deputy Court A ninistrator
Rice County District Court
218 NW 3rd Street Faribault MN 55021
507 -332 -6107
cc: Josie L Kazee
Mortgage Electronic Registration Systems, Inc
Wells Fargo Bank, NA
SCOTT JOHN RIGGS
A true and correct copy of this notice has been served by mail upon the parties herein at
the last known address of each, pursuant to Minnesota Rules of Civil Procedure, Rule
77.04.
NINCIS -CIV -137 STATE Notice of Entry of Judgment Rev. 4/2003
STATE OF MINNESOTA Copy DISTRICT COURT
COUNTY OF RICE THIRD JUDICIAL DISTRICT
--------------------------------------------------- - - - - -- Case Type: Other Civil
Court File No.: 66 -CV -11 -3268
In the Matter of the Hazardous Building
Located at 120 Division Street West, PROPOSED ORDER FOR
Faribault, Minnesota DEFAULT JUDGMENT
---------------------------------------- - - - - -- AND JUDGMENT
This matter came before the undersigned on January 19, 2012, at the Rice County District
Court, in Faribault, Minnesota, upon the City of Faribault's ( "the City ") Motion for Default
Proceedings for Enforcement of Order for Abatement of a Hazardous Building. Mary D. Tietjen,
attorney for City, and Alan Emste, Building Official appeared on behalf of the City of Faribault.
Based on all the documents, evidence and arguments of counsel presented herein, the Court
makes the following findings of fact, conclusions of law and orders:
FINDINGS OF FACT
1. This action involves real property located at 120 Division Street West in the City of
Faribault, Minnesota, which property is legally described as follows:
That part of Lot 6, Block 78, in the Original Town, now City, of Faribault and that
part of Lot 2, Block 2 of Southern Addition to Faribault, enclosed by the
following boundary lines, to -wit: Commencing at the southeast corner of Lot 2
and running thence due North 70 feet; thence due West parallel with the North
line of said Lot 2 to intersect with the East line of lands owned by J.N.C. Cottrell;
thence due South along said Cottrell line to North line of Front, now Division
Street, thence along the North line Easterly of said Front Street to the place of
beginning, County of Rice, State of Minnesota
( "Subject Property ")
2. The Subject Property was previously owned by Ms. Josie Kazee. The two
original lienholders of record were Mortgagee Electronic Registration Systems,
Inc ( "MERS "). (Lender /Mortgagee) and Faribault Housing and Development
Authority (mortgagee).
3. Personal service of the Summons, the Order and a certified copy of the Resolution
were made on: 1) then owner, Ms. Kazee, 827 Barron Road, Faribault, MN 55021
on July 20, 2011; and 2) authorized agent of Mortgage Electronic Registration
Systems, Inc. on July 21, 2011. Service of the Summons, Order and Resolution
was made by mail on the Faribault HRA on July 18, 2011.
4. The Subject Property has since gone through foreclosure and Ms. Kazee no longer
owns the property. MERS assigned its mortgage to Bank of America, N.A. The
file is being serviced by Wells Fargo Bank, N.A. Wells Fargo received notice of
this motion.
5. The Subject Property consists of a single family dwelling and garage.
6. Minnesota Statutes, Section 463.16 authorizes the governing body of any
municipality to 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.
7. Minnesota Statutes, Section 463.15, subdivision 3 defines a "hazardous building
or hazardous property" as "any building or property, which because of inadequate
maintenance, dilapidation, physical damage, unsanitary condition, or
abandonment, constitutes a fire hazard or a hazard to public safety or health."
8. Minnesota Statutes, Section 463.161 et seq. authorizes a city to correct or remove
the hazardous condition of any hazardous building or property if the owner of
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record fails to do so after a reasonable time and the district court enters a
judgment sustaining the city's order.
9. Alan Ernste, the City's Building Official performed a physical inspection of the
Subject Property on October 28, 2010 and November 17, 2011. After the October
28, 2010, inspection, the City completed temporary emergency repairs to the
retaining wall by agreement with the owner. The parties' agreement also provided
that further repairs to the wall were necessary which may require the removal or
repair of the,residence and garage.
10. On June 14, 2011, the City Council of the City of Faribault passed Resolution
No. 2011 -102 ( "Resolution "), which concluded that the retaining wall on the
Subject Property constitutes a hazardous condition within the meaning of
Minnesota Statutes, Section 463.15, subdivision 3 and authorized the issuance of
an order for abatement thereof ( "Order ")
11. Due to the deterioration of the retaining wall, the buildings on the property are
unstable and in danger of collapse and therefore, a hazard to public safety. The
wall, garage and residence must be repaired or removed.
12. There have been no steps taken by any interested party to abate the hazardous
conditions on the Subject Property.
13. No interested party has filed an Answer with the Court or otherwise complied
with the Order.
14. No interested party, besides the City, appeared at the January 19, 2012 hearing for
this matter.
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CONCLUSIONS OF LAW AND ORDER
15. The City's Motion for Default Proceedings for Enforcement of the Order for
Abatement of a Hazardous Building is hereby granted pursuant to Minnesota Statutes, Section
463.19.
16. The City may enter the Subject Property pursuant to Minnesota Statutes, Section
463.21 in order to enforce the City's Order. The City may repair or remove the hazardous
conditions, including the retaining wall, garage and residence.
17. The City's costs to do the work may be recovered by the City in accordance with
Minnesota Statutes, Section 463.21.
18. The City may also recoup its expenses incurred as a result of its enforcement of
the City Council Order, in accordance with Minnesota Statutes, Section 463.22.
19. This Order is binding on all owners, mortgagees and lien holders of record as well
as their successors in interest, if any.
20. A copy of this Order shall be mailed by the Court Administrator forthwith to the
persons upon whom the original Order for Abatement was served by the City.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: u,, 11,2012—
I hereby certify the above order dated January 19,
Dated a-Q
4
By the Court:
Judge of the District Court
2012 constitutes the judgment of this court
1/4PJ5 0 4 R -7 Ao ma n
Sr Deputy Clerk