REPORT/RECOMMENDATION

Transcription

1 REPORT/RECOMMENDATION To: Mayor & City Council Agenda Item # V-I From: Steve A. Kirchman Consent Chief Building Official Information Only Date: May 6, 2008 Mgr. Recommends To HRA To Council Subject: Resolution adopting Demolition Action Motion Order for 6321 Tingdale Ave Resolution Ordinance Discussion Recommendation: Approve Resolution (attachment) adopting the attached Order for Repair and Removal of Hazardous Building and Cleanup of Hazardous Property. Info/Background: The home at 6321 Tingdale Ave suffered extensive fire damage on 5/19/07 (pictures attached). The home has been boarded up since shortly after the fire. The Fire Marshal and I have communicated with the owner a number of times to determine his intentions. The property is listed for sale with Coldwell Banker. The realtor/owner hopes to sell the property as is. The owner was notified (attachment) of City staff s intention to request an Order for Removal. City staff has received numerous complaints about the condition of the property. Should City Council adopt the Order for Repair and Removal of Hazardous Building and Cleanup of Hazardous Property, the owner will have at least 20 days to correct the building or serve an answer denying the facts of the order Attachments: Resolution Order for Repair and Removal of Hazardous Building and Cleanup of Hazardous Property Pictures 4/2/08 letter to property owner

2 CITY OF EDINA HENNEPIN COUNTY, MINNESOTA RESOLUTION NO WHEREAS, the Building Official of the City of Edina has attempted without success to have the owner of certain property remedy the hazardous condition of an unoccupied buildings, and property located at 6321 Tingdale Avenue, Edina, Minnesota; and WHEREAS, the City Council has determined that the buildings and property constitute hazardous buildings and property within the meaning of Minnesota Statutes , Subd. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Minnesota: 1. Pursuant to Minnesota Statutes et seq., the City hereby adopts and approves the Demolition Order for Repair and Removal of Hazardous Buildings and Cleanup of Hazardous Property attached hereto as Exhibit "A". 2. The City of Edina finds that the property and buildings located at 6321 Tingdale Avenue in the City of Edina are hazardous buildings and property within the meaning of Minn. Stat , subd The City's legal counsel, Campbell Knutson P.A., 317 Eagandale Office Center, 1380 Corporate Center Curve, Eagan, Minnesota 55121, is directed to serve the Demolition Order and to proceed with enforcement in accordance with Minnesota Statutes et seq. PASSED AND ADOPTED this day of, 2008, by the City Council of the City of Edina, Minnesota.

3 CITY OF EDINA BY: James Hovland, Mayor ATTEST: Debra Mangen, City Clerk

4 EXHIBIT A STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No.: In Re the Matter of Hazardous Buildings at 6321 Tingdale Avenue, City of Edina,. Hennepin County, Minnesota ORDER FOR REPAIR AND REMOVAL OF HAZARDOUS BUILDINGS AND CLEANUP OF HAZARDOUS PROPERTY TO: DAVID W. AZBILL, 6321 Tingdale Avenue, Edina, Minnesota and th Street West, Minneapolis, Minnesota MORTGAGE INVESTMENT STRATEGIES, INC., th Avenue North, Suite B, Maple Grove, Minnesota PLEASE BE ADVISED that pursuant to order of the Edina City Council and by authority of Minnesota Statutes et seq., you have twenty (20) days from the date of service of this Order upon you to correct the hazardous buildings and property at 6321 Tingdale Avenue, City of Edina, County of Hennepin, State of Minnesota, and legally described as follows: Lot 24, except the South 17 feet thereof, and Lot 25, Block 3, Normandale 2 nd Addition, Hennepin County, Minnesota (hereinafter the subject property ). The subject property contains unoccupied buildings which constitute a health, safety, and fire hazard to the residents of the City of Edina. Attached as Exhibit A is an Inspector s Report dated April 2, 2008 prepared by Steven A. Kirchman, Chief Building Official for the City of Edina, detailing the basis for this Order.

5 The City Council ordered the hazardous buildings on the subject property to be abated on, ORDER The existing property and buildings are in a hazardous condition due to inadequate maintenance, dilapidation, and physical damage. The condition of the property and existing buildings must be corrected so that they meet applicable building codes and City ordinances. If the condition of the existing buildings and property is not corrected, they must be removed from the subject property and all personal property, junk and debris, and fixtures must also be removed. Unless corrective action is taken within twenty (20) days, the City will move the District Court for summary enforcement of this Order pursuant to Minnesota Statutes unless an answer is filed within twenty (20) days of service of this Order upon you. Upon enforcement of the Order by the City, the cost of enforcement will be charged against the property pursuant to Minnesota Statutes Dated:, CAMPBELL KNUTSON Professional Association By: Edina City Attorneys Elliott B. Knetsch, # Eagandale Office Center 1380 Corporate Center Curve Eagan, MN Telephone: (651)

6 ACKNOWLEDGMENT The City of Edina, by and through its undersigned attorneys, acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to Minnesota Statutes , Subd. 2. Dated:, Elliott B. Knetsch, #168130

7 5/19/07 Fire Department pictures

8 5/19/07 Fire Department pictures

9 11/21/07 Inspections Department pictures

10 April 2, 2008 EXHIBIT A Mr. David Azbill th St W Minneapolis, MN Re: Hazardous building at 6321 Tingdale Ave, Edina Dear Mr. Azbill: Your home at the above referenced address remains abandoned and unrepaired. I m not aware of any efforts having occurred to repair or remove the home since the fire on 5/19/07. The home is a hazardous building as defined by Minnesota Statute , Subd.3. The home must be repaired or removed. You may contact me for contact information on demolition contractors active in Edina. I intend to request the Edina City Council adopt and approve an Order for Repair and Removal of Hazardous Buildings and Cleanup of Hazardous Property for your property located at 6321 Tingdale Ave City of Edina, Hennepin County, Minnesota. The resolution to adopt and approve the Order is tentatively scheduled to placed on the 5/6/08 Council Agenda. The Order, after approval and adoption by the City Council, is required to be filed by the City, along with proof of service of the Order with the Hennepin County District Court. Persons upon whom the Order is served have 20 days from the date of service to serve an answer to the Order. Costs of enforcement of the Order will be charged against the property. You may contact me with questions regarding the proposed City Council Resolution and/or the Order for Repair and Removal of Hazardous Buildings and Cleanup of Hazardous Property. Sincerely, Steve A. Kirchman Chief Building Official skirchman@ci.edina.mn.us c: BD enclosure: MS