HomeMy WebLinkAbout10-114 - ADMIN Resolution - City Council - 2010/10/18•
RESOLUTION NO. 10-114
RESOLUTION ORDERING ABATEMENT
OF HAZARDOUS EXCAVATION
Councilmember Santa introduced the following resolution and moved its adoption,
Councilmember Sanger seconded the motion. The motion was carried 6-0. Councilmember
Finkelstein was absent.
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 unsafe open excavation
and improper drainage situated on property at 2837 Ottawa Avenue South, St. Louis Park, Minnesota;
and
WHEREAS, the City Council has determined that the unsafe open excavation and improper
drainage 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 Kg., the City hereby adopts and approves the
Demolition 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 2837 Ottawa
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.
3. 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 § 463.15 et Kg.
Min es
ADOPTED this 18th day of October, 2010, by the City Council of the City of St. Louis Park,
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Review- .I for'• ministration:
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City
Attest:
Adopted by tlye.City Council October 18, 2010
Mayor
Resolution No. 10-114
Exhibit "A"
STATE OF MINNESOTA
COUNTY OF HENNEPIN
-2-
DISTRICT COURT •
FOURTH JUDICIAL DISTRICT
CASE TYPE: Other Civil
IN RE: Court File No.
The Matter of a Hazardous Building
Located at 2837 Ottawa, City of
St. Louis Park, Hennepin County, Minnesota
ORDER FOR A
HAZARDOUS EXCAVATION
TO: Owners and lien holders of the above real estate: George M. Murray and Marcie
Murray, husband and wife; Scott A. Gruber and Andrea Gruber, husband and wife; Chase
Mortgage Company; Deutsche Bank Trust Company as Trustee; The Bank of New York Mellon
Trust Company, National Association fka The Bank of New York Trust Company N.A., as
Successor to JPMorgan Chase Bank N.A. as Trustee; Mortgage Electronic Registration Systems,
Inc. (MERS); Sovereign Bank; US Bank NA; Federated Financial Corporation of America;
LVNV Funding LLC; Discover Bank; Midland Funding LLC.
PLEASE BE ADVISED that pursuant to order of the Sgt. 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 open excavation and debris situated on the property at 2837 Ottawa Avenue South,
City of St. Louis Park, County of Hennepin, State of Minnesota, and legally described as follows:
The South 67.5 feet of Lot 8, Auditor's Subdivision No. 318,
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 excavation and improper drainage and grading of
the yard, 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. 10-114 -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: , 2010 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: , 2010
Soren M. Mattick, #27785X