HomeMy WebLinkAbout2013-127 Order Abatement of Hazardous Conditions at 620_6th_StreetMember Rowan
moved a motion that the following resolution be adopted this 23rd day of
July , 2013.
CITY OF FARIBAULT
RESOLUTION NO. 2013-127
RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A
NUISANCE AND A HAZARDOUS PROPERTY EXISTING AT 620 6" STREET NW IN
THE CITY OF FARIBAULT
WHEREAS, the property located at 620 61h Street NW, legally described as:
Lot 10, Block 1, in McClelland's Addition to the Town, now City, of
Faribault, Rice County, Minnesota
contains a single family dwelling and detached garage (the "Subject Property "); and
WHEREAS, a physical inspection by the City Building Official of the Subject Property
on found that there are holes in the dwelling's soffits and foundation, the main
electrical mask is unsafe, there are broken and unsecured windows and doors, there are holes in
the siding, there is an accumulation of junk and garbage, the exterior paint is peeling, flaking,
and chipped, and the detached garage is structurally unsound; and
WHEREAS, by notice dated May 9, 2013, the owner was ordered by the City of Faribault
to correct these hazards; and
WHEREAS, the owner did not complete the repairs as required by the notice; and
WHEREAS, the City Building Official has determined that the holes in the dwelling's
soffits and foundation, main electrical mask, broken and unsecured windows, accumulations of
junk and garbage, peeling, Hacking and chipped paint and the structurally unsound detached
garage are in violation of City Code Chapter 16 and create dangerous and nuisance conditions,
and that the City must perform all work necessary in order to abate the dangerous and nuisance
conditions on the Subject Property unless the owners perform all work set out in the attached
order; and
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WHEREAS, Rosa M. Carrejo, the owner of the Subject Property has taken no 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 the hazardous condition; and
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 CITY OF
FARIBAULT, MINNESOTA:
1. The building and the detached garage located on the Subject Property, specifically the
soffits and foundation, windows and doors, siding, and accumulations of junk and debris
are hazardous as defined by Minnesota Statutes Section 463.15.
2. The property also constitutes a public nuisance within the meaning of Minnesota
Statutes Section 609.74 and Faribault City Code Chapter 16,
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3. An Abatement Order substantially similar to that attached hereto as Exhibit A 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.
Adopted this 23rdday of July , 2013.
ATTEST:
Brian J. A son ity Administrator
The motion for the adoption of the foregoing resolution was duly seconded by Member walls
and upon vote being taken thereon, the following voted in favor thereof:
Mayor Jasinski,Duchene, Rowan, Underdahl, Walls and the following voted
against same: None
Whereupon said resolution was declared duly passed and adopted.
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EXHIBIT A
Abatement Order
STATE OF MINNNESOTA
COUNTY OF RICE
In the Matter of the Hazardous
Buildings Located at 620 6th Street NW,
Faribault, Minnesota
TO: All owners, occupants, and all lienholders of record.
DISTRICT COURT
THIRD JUDICIAL DISTRICT
Case Type: Other Civil
ORDER FOR ABATEMENT OF
HAZARDOUS BUILDINGS
The City Council of the City of Faribault orders that within 20 days of service of this
Order you abate the hazardous conditions which exist on the property located at: 620 6th Street
NW, in the city of Faribault, which property is legally described as:
Lot 10, Block 1, in McClelland's Addition to the Town, now City, of
Faribault, Rice County, Minnesota.
The City of Faribault, pursuant to Minnesota Statutes Sections 463.15 to 463.261 and
based on the authorization of City Council Resolution No. 2013 -127, adopted on July 23 ,
2013, a copy of which is attached hereto and incorporated by reference herein, finds that the
dwelling and the detached garage located at the above - referenced property, specifically the soffits
and foundation, windows and doors, siding, and accumulations of junk and debris constitute
hazardous buildings within the meaning of Minnesota Statutes Section 463.15, subdivision 3.
The City of Faribault, pursuant to Minnesota Statutes Sections 145A.05, subdivision 9,
and based on the authorization of Resolution No.2013 -127, adopted on July 23 , 2013,
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finds that the property located at the above - referenced address constitutes a "public nuisance"
within the meaning of Minnesota Statutes Section 609.74 and City Code Chapter 16,
Pursuant to the above - referenced statutes and ordinances, 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 the detached garage and construct a new garage that allows for the
parking of at least one car and in conformance with City zoning requirements.
2. Repair or replace all broken and unsecured windows and exterior doors.
3. Remove all accumulations of junk and garbage on the exterior of the dwelling and
garage.
4. Remove peeling, flaking, and chipped paint from the dwelling and repaint all
areas where paint was removed.
5. Repair all holes in the dwelling's soffits and foundation so that they are
structurally sound and in good repair,
6. Repair main electrical mask to a structurally safe and approved manner,
7. Repair all holes in the dwelling's siding.
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.
You are further advised that unless such corrective action is taken or an Answer is served
on the City and filed with the Rice 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 Rice County District Court.
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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
expenses incurred by the City from the time this Order was originally made pursuant to
Minnesota Statutes Section 463.22.
Dated: , 2013 KENNEDY & GRAVEN, CHARTERED
Scott J. Riggs ( #244788)
Sarah J. Sonsalla ( #0313464)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337 -9300
ATTORNEYS FOR THE
CITY OF FARIBAULT
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