HomeMy WebLinkAbout09-088 - ADMIN Resolution - City Council - 2009/07/060
RESOLUTION NO. 09-088
RESOLUTION ORDERING ABATEMENT
OF HAZARDOUS EXCAVATION
WHEREAS, the Building Official of the City of St. Louis Park has attempted without success
to have the owner of certain property remedy the hazardous condition of the open basement and the
unsafe open excavation of the foundation situated on property at 3505 Texas Avenue South, St. Louis
Park, Minnesota; and
WHEREAS, the City Council has determined that the open basement and open excavation on
the property constitutes a hazardous excavation within the meaning of Minnesota Statutes § 463.25 and
constitutes a health and safety hazard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota:
1. Pursuant to Minnesota Statutes § 463.16 et sec ., the City hereby adopts and approves the
Order for Removal of Hazardous Excavation attached hereto as Exhibit "A".
2. The City of St. Louis Park finds that the condition of the property located at 3505 Texas
4111/ Avenue South, St. Louis Park, Minnesota, is a health and safety hazard and contains a
hazardous excavation within the meaning of Minn. Stat. § 463.25.
The City's legal counsel, Campbell Knutson, P.A., 317 Eagandale Office Center, 1380
orporate Center Curve, Eagan, Minnesota 55121, is directed to serve the Demolition Order
d to proceed with enforcement in accordance with Minnesota Statutes § 463.15 et seq.
Review
dministration:
Adop -d by the City Council July 6, 2009
City
Attest:
^�1 Cts 1-1-" A _
City Clerk ��,
May
Resolution No. 09-088 -2-
EXHIBIT "A"
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: Other Civil
IN RE: Court File No.
The Matter of a Hazardous Building
Located at 3505 Texas Avenue South, City of
St. Louis Park, Hennepin County, Minnesota
ORDER FOR A
HAZARDOUS EXCAVATION
TO: Owners and lien holders of the above real estate: Laura Parkhill and Deutsch Bank
National Trust Company.
PLEASE BE ADVISED that pursuant to order of the St. Louis Park City Council and by
authority of Minn. Stat. § 463.15, et seq., you have twenty (20) days from the date of service of this
Order upon you, to remedy the hazard to public health, safety, and welfare, and the hazardous
condition of the basement foundation and debris situated on the property at 3505 Texas Avenue
South, City of St. Louis park, County of Hennepin, State of Minnesota, and legally described as
follows:
Lots 43 and 44, Block 311, Rearrangement of St. Louis Park,
Hennepin County, Minnesota
The Building Officials for the City of St. Louis Park have inspected the above referenced
property. The inspections revealed that the open foundation and basement constitute a hazardous
excavation pursuant to Minn. Stat. § 463.25 and are health, safety, and welfare hazards to the
residents of the City of St. Louis Park. The hazardous excavation must be abated immediately.
Resolution No. 09-088 -3-
If you fail to remedy the situation the City will seek permission from the District Court for
the City to do so. The City will move the District Court for summary enforcement of this Order
pursuant to Minn. Stat. § 463.19 unless you remedy the situation within the said twenty (20) day
period or unless an answer is filed within twenty (20) days of service of this Order upon you. 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. § 463.21.
Dated: June , 2009 CAMPBELL KNUTSON
Professional Association
By:
Soren M. Mattick, #27785X
Assistant St. Louis Park City Attorney
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
ACKNOWLEDGMENT
The City of St. Louis Park, 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 Minn. Stat. § 549.21, subd. 2.
Dated: June , 2009.
Soren M. Mattick, #27785X
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