MEMORANDUM. To: City of Edina From: Campbell Knutson P.A. Date: October 27, 2017 Re: 5754 Wooddale Avenue

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1 MEMORANDUM To: City of Edina From: Campbell Knutson P.A. Date: October 27, 2017 Re: 5754 Wooddale Avenue In September, Community Health Administrator Jeff Brown brought the above described property to Council s attention. At that time, staff had received numerous complaints regarding the exterior of the property. Mr. Brown indicated that, based on his observations, the exterior of the property constituted a nuisance. At that time, Mr. Brown requested that Council approve a resolution allowing staff and contractors to enter the property and clean up the exterior. Mr. Brown indicated that the estimated cost for contractor cleanup would be approximately $3,200. Council inquired whether the City had the authority to enter onto the property, and was informed by our office that it could only do so with the property owner s permission. The resolution was approved. Staff attempted to enter the property with a contractor, but the property owner demanded that staff and the contractor exit the property. Staff complied, and the property was not cleaned. Earlier this month, staff and my office obtained an administrative search warrant for the interior and exterior of the property. That court order allowed staff to enter the property and inspect both the yard and the interior of the home. Upon inspection, staff observed numerous City Code and state statutory violations which constitute fire hazards and hazards to public safety and health. As a result, it is staff s request that council approve the attached resolution, allowing staff to initiate a hazardous building action. Through a hazardous building action, staff would obtain a court order allowing staff and contractors to enter the property and remove all interior and exterior hazards. The City could then assess all costs associated with this action, including legal fees, against the property. Staff anticipates that the cost of interior cleanup, exterior cleanup, and legal costs will total around $20,000. The final costs would come back to Council for approval before being assessed. Staff has served the property owner with the attached Order, notified him that the matter would be discussed at today s hearing, and invited him to attend. ACTION REQUESTED: Adopt Resolution approving the hazardous building action against 5754 Wooddale Avenue.

2 Inspection Summary October 16, Wooddale Avenue, Edina, MN I, Jeff Brown, Community Health Administrator for the City of Edina Health Division, served an administrative search warrant at the property located at 5754 Wooddale Avenue in Edina, MN on October 16, 2017 at 3:15 p.m. Edina Police Department Officers Sussman and Martin accompanied me to serve the warrant. The property owner, Mr. Jerome Wind, agreed to allow access to the interior and exterior of the property. I observed and documented with photos the following violations. Interior - Evidence of nesting material and rodent droppings. - Animal feces in the attic. - Excessive amount of belongings appearing abandoned throughout many rooms in the home, eliminating egress from some areas and creating a fire hazard and rodent harborage conditions. - The main water supply line appears to be broken and water is running into the basement level of the home. - Openings in the exterior walls of house, providing pest access to interior of home. Exterior - Numerous containers holding standing water throughout the property. - Lumber and other building materials scattered around the property creating rodent harborage conditions. - An abandoned, homemade, structurally unsound play structure in the rear yard. - Miscellaneous appliances, tools, pallets, ladders, furniture, and home furnishings stored outside of the home creating rodent harborage conditions. - Grass and weed maintenance has been neglected in rear yard and around perimeter of property. The conditions of this property are creating a Public Health Nuisance as defined in Minnesota Statutes 145A.01 and 145A.04 Subd. 8 by creating and maintaining rodent, insect, pest, and vector harborage conditions. The conditions of the property also violate City of Edina Code and its adoption of the 2006 International Property Maintenance Code. The City of Edina Community Health Board has the authority to abate this Public Health Nuisance following procedures in Minnesota Statute 145A.04 Subd. 8. Prepared by: Jeff Brown Community Health Administrator Edina Health Division

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21 CITY OF EDINA HENNEPIN COUNTY, MINNESOTA RESOLUTION NO A RESOLUTION ORDERING CORRECTION OR REMOVAL OF HAZARDOUS CONDITIONS WHEREAS, the Community Health Administrator of the City of Edina has attempted without success to have the owner of certain property at 5754 Wooddale Avenue, Edina, Minnesota, in the County of Hennepin ( Subject Property ), remedy the hazardous condition of the property, including the residential home ( Subject Building ) thereon; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Minnesota: 1. The City has fully considered all evidence relating to the hazardous condition of the Subject Property and Subject Building. Said evidence includes an October 16, 2017, Memorandum from Community Health Administrator Jeff Brown with photographs, Property Report, and the Council Memorandum. 2. After fully considering all of the photographs, documents, and other evidence pertaining to the hazardous condition of the Subject Property and Subject Building, the City of Edina finds: a. Jerome and Jennifer Wind are the owners and tenants of the Subject Property. The Secretary of Housing and Urban Development and Nationstar Mortgage LLC hold mortgages on the Subject Property. b. An October 16, 2017, inspection of the Subject Property and Subject Building revealed numerous violations of the Edina City Code and Minnesota Statutes, as set forth in the attached Exhibit A. c. As of the date of this Resolution, no steps have been taken to remedy the violations set forth in Exhibit A. 3. Because of the inadequate maintenance, dilapidation, physical damage, and unsanitary condition, the Subject Property and Subject Building constitute fire hazards and hazards to public safety and health, and are therefore a Hazardous Property and Hazardous Building within the meaning of Minn. Stat , subd. 3.

22 4. Pursuant to Minnesota Statutes et seq., the City hereby adopts and approves the Order to Correct or Remove Hazardous Conditions attached hereto as Exhibit A. 5. Pursuant to Minnesota Statutes et seq., the City hereby directs its legal counsel, Campbell Knutson, P.A., Grand Oak Office Center I, 860 Blue Gentian Road, Suite 290, Eagan, Minnesota 55121, to initiate such actions as may be deemed proper to remove or remedy the hazardous condition and to prevent the building from posing a continuing hazard to the public, including, but not limited to, a hazardous building action under Minnesota Statutes et seq. PASSED AND ADOPTED this day of, 2017 by the City Council of the City of Edina, Minnesota. CITY OF EDINA BY: James B. Hovland, Mayor ATTEST: Debra A. Mangen, City Clerk

23 EXHIBIT A STATE OF MINNESOTA COUNTY OF HENNEPIN IN RE: The Matter of a Hazardous Property and Hazardous Building Located at 5754 Wooddale Avenue, City of Edina, Hennepin County, Minnesota DISTRICT COURT FOURTH JUDICIAL DISTRICT CASE TYPE: Housing/Hazardous Building Court File No. ORDER TO CORRECT OR REMOVE HAZARDOUS CONDITIONS TO: Owners and tenants of the above real estate: Jerome and Jennifer Wind, 5754 Wooddale Avenue, Edina MN Secretary of Housing and Urban Development, c/o U.S. Attorney s Office, 600 U.S. Courthouse, 300 South Fourth Street, Minneapolis, Minnesota with copy to: Secretary of Housing and Urban Development, Minneapolis Field Office, International Center, 920 Second Avenue South, Suite 1300, Minneapolis, Minnesota Nationstar Mortgage LLC d/b/a Champion Mortgage Company, c/o Mr. Cooper, Attn: Research/Legal Dept., 8950 Cypress Waters Boulevard, Coppell, TX PLEASE BE ADVISED that by authority of Minnesota Statutes et seq., you have twenty (20) days from the date of service of this Order upon you, to remedy the fire, health, and safety hazards and the hazardous condition of the property and buildings thereon located at 5754 Wooddale Avenue, Edina MN 55424, located in the County of Hennepin, and legally described as follows: Lot 4, Block 3, Concord Grove Addition, according to the recorded plat thereof On October 16, 2017, inspection staff executed an administrative search warrant for an interior and exterior inspection of the above referenced property and building thereon and were allowed entry by Mr. Wind. Staff found many city code and state law violations on the property in the home. To date, no progress has been made toward correcting or removing the hazardous

24 EXHIBIT A conditions. The following violations must be completely corrected or removed and the property inspected within twenty (20) days from the date of service of this Order: Interior Evidence of nesting material and rodent droppings. Animal feces in the attic. Excessive amount of belongings appearing abandoned throughout many rooms in the home, eliminating egress from some areas and creating a fire hazard and rodent harborage conditions. The main water supply line appears to be broken and water is running into the basement level of the home. Openings in the exterior walls of house, providing pest access to interior of home. Unsanitary conditions exist throughout the home Exterior Numerous containers holding standing water throughout the property. Lumber and other building materials scattered around the property creating rodent harborage conditions. An abandoned, homemade, structurally unsound play structure in the rear yard. Miscellaneous appliances, tools, pallets, ladders, furniture, and home furnishings stored outside of the home creating rodent harborage conditions. Grass and weed maintenance has been neglected in rear yard and around perimeter of property. If you fail to remedy the hazardous conditions, the City will seek permission from the District Court for the City to correct or remove the hazardous conditions of the property and building. The City will move the District Court for summary enforcement of this Order pursuant to Minn. Stat unless you remedy the situation within said twenty (20) day period or unless an answer is served within twenty (20) days of service of this Order upon you pursuant to Minn. Stat Upon enforcement of the Order by the City, all costs expended by the City will be assessed against the real property and collected as other taxes as provided in Minn. Stat &

25 EXHIBIT A CAMPBELL KNUTSON Professional Association Dated:, 2017 By: Soren M. Mattick (#27785X) Edina Assistant City Attorney Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota Telephone: (651) ACKNOWLEDGMENT The City of Edina, by and through its undersigned attorney, acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to Minnesota Statutes , subd. 1. Dated:, 2017 Soren M. Mattick