The URL can be used to link to this page

Home My WebLink About2012-08-15 PACKET 02.C.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 8/15/2012 s PREPARED BY Community Development Robin Roland ORIGINATING DEPARTMENT DEPARTMENT HEAD COUNCIL ACTION REQUEST Consider awarding the quote and authorizing the abatement of hazardous conditions at 8255 Hyde Avenue South. STAFF RECOMMENDATION Award the quote for abatement of hazardous conditions to Rumpca Enterprises. Council authorized the abatement on 7/6/2011 through Resolution No. 2011 -091, and Washington County Courts served an Entry of Judgment on July 12, 2012 authorizing the abatement no sooner than 8/15/2012. SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from Bob Labrosse. ❑ RESOLUTION: 2011 -091. ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Washington County Courts Notice of Filing of Order and Entry of Judgment. ADMINISTRATORS COMMENTS Vify'Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Documend As you may recall, on June 6, 2011 a fire partially destroyed this property. As the property had no mortgage company or homeowner's insurance, staff has been working with the City Attorney, Kennedy & Graven and the Washington County Courts to appropriately address the razing of this blighted property. The major hurdle thus far for abatement has been probate action. The owner passed away without gifting the property to her two sons, one of which is deceased with 2 children and the other in and out of drug treatment. Through various court processes, Kennedy & Graven has successfully notified all lien holders and property owners of the city's abatement intentions. Throughout the year, Police officers have been called to the property numerous times to remove squatters along with numerous neighbor complaints and requests to remove the blight. On July 6, 2011 City Council passed a resolution ordering the abatement of conditions creating a hazardous property at this address. On April 30, 2012 all lien holders and interested parties were served notice of the City's abatement intentions. On July 12, 2012 the City was granted a motion by Washington County District Court Judge Hoffman for Default Judgment and Enforcement of the order for Abatement to be executed no earlier than August 15, 2012. Demolition bids were solicited as follows (attached): Rumpca Enterprises $15,000 plus additional undetermined hazardous materials evaluation and removal Bolander and Sons $18,800 plus a minimum of 3 dumpsters at an additional $3,600.00 plus hazardous material evaluation and removal We are requesting that Council approve the demolition of this property by Rumpca Enterprises, with all costs for demolition being assessed to the property. C: \Documents and Settings \nbelscamper \Local Settings \Temporary Internet Files \Contert.Outlook \OFUXNiGAF \Memo to Council 8255 Hyde Abatement 8- 14- 12.dac State of Minnesota District Court Washington County Tenth Judicial District Court File Number: 82 -CV -12 -3205 Case Type: Civil Other /Misc. MARY DAWN TIETJEN KENNEDY & GRAVEN 470 US BANK PLAZA 200 SOUTH SEXTH STREET MINNEAPOLIS MN 55402 Notice of- x Filing of Order X Entry of Judgment Docketing of Judgment In the Matter of the Hazardous Building Located at 8255 Hyde Avenue South, Cottage Grove, Minnesota You are hereby notified that the following occurred regarding the above- entitled matter: An Order was filed on July 12, 2012. X Judgment was entered on July 12, 2012. You are notified that judgment was docketed on at in the amount of $. Costs and interest will accrue on this amount from the date of entry until the judgment is satisfied in full. Dated: July 12, 2012 Annette Fritz Court Administrator Washington County District Court 14949 62nd St. N; PO Box 3802 Stillwater MN 55082 651- 430 -6263 cc: Crystal Time RAMSEY COUNTY ATTORNEY Miller Funeral Home A true and correct copy of this Notice has been served by mail upon the parties named herein at the last known address of each, pursuant to Minnesota Rules of Civil Procedure, Rule 77.04. ' I MNCIS -CIV -142 STATE Notice Rev. 0912010 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON File# TENTH JUDICIAL DISTRICT F WASHINGTONCOUNTY F -------------------------- ----- ------ -- T---------DISTRICT COURT 1 JUL 12 2[112 Court File No. 82 -CV -12 -3205 L Case Type: Other Civil In the Matter of the Hazardous Bding Located at 8255 Hyde Avenue S th, COU NIS RATOR ORDER Cottage Grove, Minnesota ay DeP!ay FOR DEFAULT JUDGMENT AND ENFORCEMENT OF ORDER FOR ABATEMENT This matter came before the undersigned on July 12, 2012, at the Washington County District Court, in, Minnesota, upon the City of Cottage Grove's ( "the City ") Motion for Default Proceedings for Enforcement of Order for Abatement of a Hazardous Building. Mary D. Tietjen, attorney for the City, appeared on behalf of the City of Cottage Grove. 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 8255 Hyde Avenue South in the City of Cottage Grove, Minnesota, which property is legally described as follows: Lot 3, Block 7, Thompson Grove Estates 6` Addition Washington County, State of Minnesota ( "Subject Property "). 2. A recent title report of the Subject Property shows Alan A. Speten and Christopher L. Speten as each having a one -half interest in the property. Other parties of interest include: the Ramsey County Attorneys' Office and Miller Funeral Homes. 3. The Subject Property consists of a single- family dwelling, an attached garage and deck, a detached shed, and an in- ground swimming pool. 4. The Subject Property was extensively damaged by a fire on June 6, 2011. The City's Building Official conducted inspections of the Subject Property on June 7, 2011 and concluded that numerous building code violations and fire hazards exist on the property, including but not limited to: damage to the structural elements causing the main level flooring to be structurally unsound; collapsed roof and partial collapse of the rear exterior wall which allows rain, snow and cold to enter; and smoke damage throughout the dwelling and other buildings. 5. On July 6, 2011, the City Council of the City of Cottage Grove passed Resolution No. 2011 -091, which concluded that the dwelling on the Subject Property constitutes a hazardous property within the meaning of Minn. Stat. § 463.15, subd. 3 and authorized the issuance of an Order for Abatement. 6. On February 27, 2012, the Cottage Grove City Council adopted an Order for Abatement of Hazardous Property ( "the Order ") requiring that the property owners and any lienholders or interested parties abate the hazardous conditions by either razing or making the following repairs to the building: a. The supporting exterior walls on the east side of the house and attached garage are damaged beyond repair, requiring replacement. b. Portions of the east side exterior walls are damaged beyond repair, requiring replacement. C. Exterior walls; roof system; floor system; interior walls; mechanical, plumbing, and electrical systems within the principal attached and detached structures shall be inspected by licensed specialists who shall provide damage reports to the City of Cottage Grove Building Division. 2 d. The roof trusses on the east side of the house and attached garage are damaged beyond repair, requiring roof truss replacement. e. All attic insulation shall be removed and replaced, assuring code compliant attic ventilation. f. The interior of the home is both fire and smoke damaged throughout. g. The detached shed was damaged by heat requiring new siding. It. The in- ground swimming pool is accessible to the public and shall be removed and filled in an appropriate manner. The fire damaged deck shall be removed, and replaced and/or a code - compliant land exterior of the sliding patio door be provided. j. All fire- damaged interior and exterior walls, insulation, and drywall shall be removed and replaced. k. All fire- damaged structural floor components shall be replaced. 1. All smoke damage throughout the entire structure shall be identified by a licensed fire restoration specialist and addressed per the report. m. All fire and smoke damaged windows, siding, soffit/fascia, and roofing shall be removed and replaced. n. All mold damage shall be remediated by a licensed abatement specialist who shall provide an assessment of damages, scope of repair, and air quality report prior to further occupancy. o. All fire damaged household debris shall be disposed of in a proper manner. P. All repairs to the structural, mechanical, plumbing, and electrical systems must be completed and pass final inspection prior to resumption of electrical, gas, and water service to the building. 7. The City served or attempted to serve the Order on all owners and iienholders of record. 8. The City served the Order upon Absolute Bail Bonds, Inc. on February 27, 2012. The City subsequently filed a notice of dismissal as to Absolute Bail Bonds based on a satisfaction of mortgage provided to the City. 9. The City posted a copy of the Order at the Subject Property on February 28, 2012. 3 10. The City attempted to serve the Order upon Alan A. Speten at his last known address of 919 Galtier Street, St. Paul on April 4, 2012. He could not be found. 11. Christopher L. Speten is deceased. Christopher L. Speten's heirs are Crystal Ninas and Anthony McGrane. The City successfully served the Order on Ms. Ninas on May 3, 2012. Service was attempted on Athony McGrane, but he could not be located. 12. The Order was successfully served on the Ramsey County Attorneys' Office on April 13, 2012. 13, The Order was successfully served on the agent for Miller Funeral Home on April 24, 2012. 14. Service was also accomplished by publication pursuant to Minn. Stat. § 463.17, subd. 2, for four successive weeks, beginning on March 7, 2012 and ending on March 28, 2012. 15, All Affidavits of Service have been filed with the Court. 16. None of the interested parties or lienholders have responded or answered. None of the parties have taken any steps to abate the hazardous conditions on the Subject Property. 17. Therefore, the City proceeded with this motion for a default judgment and for enforcement of the Order. The City notified all interested parties of this motion by letter sent by U.S. Mail. CONCLUSIONS OF LAW 1. 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. 4 2. 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." 3. 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 record fails to do so after a reasonable time and the district court enters a judgment sustaining the city's order. 4. No owner of record or interested party has complied with the Order for Abatement of Hazardous Property issued by the City, nor have there been any steps taken to abate the hazardous conditions on the property. ORDER FOR ENFORCMENT 1. 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. 2. If no owner, interested party or lienholder has taken any steps to abate the hazardous conditions by 2012, then the City may enter the Subject Property pursuant to Minnesota Statutes, Section 463.21 in order to enforce the City's Order. Pursuant to the Order, the City may raze the hazardous buildings on the property and take all necessary steps to abate all hazardous conditions on the property. 3. The City's costs to do the work may be recovered by the City in accordance with Minnesota Statutes, Section 463.21. 5 4. 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. 5. This Order is binding on all owners, interested parties and lien holders of record as well as their successors in interest, if any 6. 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:_ 7 J > 2012 By the Court: Pursuant to Rule 58, Rules of Civil Procedure, I hereby certify that Judge o the District Court the above Order constitutes the judgment of this court. E . RESOLUTION NO. 2011 -091 A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A HAZARDOUS PROPERTY AT 8255 HYDE AVENUE SOUTH WHEREAS, the real estate located at 8255 Hyde Avenue South, which is legally described at Lot 3, Block 7, Thompson Grove Estates 6th Addition, Washington County, Minnesota, contains a single family dwelling unit (the `Property "); and WHEREAS, the Property was extensively damaged by a fire on June 6, 2011, and WHEREAS, due to concerns about the condition of the Property, the City's Building Official conducted inspections of the Property on June 7, 2011, and concluded that numerous building code violations and fire hazards exist on the Property, including but not limited to: damage to structural elements causing the main level flooring to be structurally unsound; collapsed roof and partial collapse of the rear exterior wall which would allow rain, snow, and cold to enter; and smoke damage throughout the building; and WHEREAS, the Building Official prepared a written report of the inspection, including photo- graphs of the conditions of the Property, which report and photographs are attached and incorpo- rated into this Resolution as Exhibits A and B; and WHEREAS, Minnesota Statutes, Section 463.161 authorizes the City to correct or remove the conditions of any hazardous building or property if the owner fails to do so within a reasonable time; and WHEREAS, Minnesota Statutes, Section 463.15, subd. 3, defines "hazardous building or hazardous property" as "any building or property, which because of inadequate maintenance, dila- pidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health "; and WHEREAS, the Minnesota State Building Code, Minn. R. 1300.0180, provides that a build- ing or structure is unsafe if it is not provided with adequate egress or is a fire hazard and provides that all unsafe buildings are public nuisances and must be abated. by repair, rehabilitation, demoli- tion, or removal according to Minnesota Statutes, sections 463.15 to 463.26; and WHEREAS, the Building Official has concluded that the Property is unsafe and a fire hazard because of inadequate egress and numerous other items of physical damage and deterioration; and WHEREAS, the Property poses a serious and imminent threat to the health and safety of the owner and the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cottage Grove as follows: Resolution No. 2011 -U91 Page 2 of 2 1. The Property is determined to be a "hazardous building or hazardous property' within the meaning of Minnesota Statutes, section 463.15, subd. 3; 2. The Property is determined to be unsafe and a public nuisance under Minnesota State Building Code, Minn. R. 1300.0180, because it does not have adequate egress and is a fire hazard and, therefore, must be abated by repair, rehabilitation, demoli- tion, or removal according to Minnesota Statutes, sections 463.15 to 463.26; 3. An Order for Abatement in the form attached to this Resolution as Exhibit C will be served upon all parties with an interest in the Property in order to effectuate this resolution; and 4. The City attorney and City staff are authorized to take all necessary legal steps to secure compliance with the Order for Abatement and to obtain authority to abate the hazardous conditions on the Property by court order or consent and assess the costs thereof against the Property. Passed this 6th day of July 2011. yron Bail , M,yor Attest: Caron M. Stransky, City Clerk Sul.28.2012 10:06 AM PAGE. 1p"D 1 Demo house & shed, fill in swimming pool and remove all concrete, level off lot with black dirk, cap off water & sewer line at curb stop $15,000 Asbestos Report $700 *EXTRA COST MAY BE APPLIED BASED ON ASBESTOS REPORT FINDINGS Acceptance of Proposal The above prices and specifications are satisfactory and are hereby accepted. There may be extra charges if any additional work is needed and agreed upon, By signing you are authorizing us to do the work as specified. Payments are due within 30 day after billed. Signature Date Rumpca Enterprise Inc, JUL. 3 0 2012 B Eric Rumpca CI?� OF COTTAGE GROVE 651- 248 -9444 Proposal for. City of Cottage Grove 8255 Hyde Ave COTTAGE GROVE, MN 7- 27--12 Demo house & shed, fill in swimming pool and remove all concrete, level off lot with black dirk, cap off water & sewer line at curb stop $15,000 Asbestos Report $700 *EXTRA COST MAY BE APPLIED BASED ON ASBESTOS REPORT FINDINGS Acceptance of Proposal The above prices and specifications are satisfactory and are hereby accepted. There may be extra charges if any additional work is needed and agreed upon, By signing you are authorizing us to do the work as specified. Payments are due within 30 day after billed. Signature Date