HomeMy WebLinkAbout14-098 - ADMIN Resolution - City Council - 2014/09/02RESOLUTION NO. 14-098
RESOLUTION ORDERING ABATEMENT
OF HAZARDOUS BUILDING
WHEREAS, the Property Maintenance Inspector for the City of St. Louis Park has
attempted without success to have the owner of certain property remedy the hazardous and unsafe
condition of the uninhabitable house situated on property at 3925 Zarthan Avenue South, St. Louis
Park, Minnesota 55416 ("Subject Property"), in Hennepin County; and
WHEREAS, the City Council has deterrmned that the premises, its curtilage, and garage,
including a topaz Mercury GS motor vehicle with Minnesota license plate 580 DNU located on the
Subject Property, constitute a hazardous building and are a health and safety hazard within the
meaning of Minn. Stat. § 463.15, subd. 3;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ST. LOUIS PARK, MINNESOTA:
1. The City has fully considered all evidence relating to the code violations at the
Subject Property. Said evidence is attached hereto as Exhibit A. Exhibit A includes
the following documents:
a. Ownership Documents: Certificate of Title
b. Administrative Search Warrant
c. Photographs and Report of Manny Camilon, Property Maintenance Inspector
for the City of Saint Louis Park, dated August 22, 2014.
2. After fully considering all of the reports, photographs, documents, and other
evidence pertaining to the code violations at the Subject Property, the City of St.
Louis Park fords:
a. Ramona Cagley, 3925 Zarthan Avenue South, St. Louis Park, Minnesota
55416, is the owner of the Subject Property. There are no lienholders of the
Subject Property.
b. The condition of the Subject Property constitutes a hazard to public safety or
health and is therefore a Hazardous Property within the meaning of Minn. Stat.
§ 463.15, subd. 3.
c. An administrative search warrant was executed on August 22, 2014 at 9:25
am. Manny Camilon, Property Maintenance Inspector for the City of Saint
Louis Park, Brian Hoffman, Director of Inspections, and Officer Josh Ryan
were present. Camilon posted the search warrant on the locked front screen
door and photographed it. The search warrant authorized the photographing of
current conditions inside the garage, an abandoned vehicle, and the interior of
the house.
Resolution No. 14-098 -2-
d. At that time, the individuals present noted that the garage was so filled with
garbage that, when the garage door is opened, garbage spilled out into the
driveway. A strong odor of decay resonates from the garage any time the door
is opened. Large amounts of insulation have fallen from the rafters, indicating
animal infestation.
e. A topaz Mercury GS with Minnesota license plate 580 DNU is located on the
Subject Property. The doors of the vehicle are locked. Moldy storage boxes
are located inside the car. Dead flies and maggots have accumulated on the
dash of the rear window. There is an old bag of shriveled potatoes or similar
vegetable on the front seat.
f. A strong, putrid smell exists in the house and emanates outside when the doors
are open. Although a few photographs were taken of the interior of the house,
the smell prevented those present from taking more detailed photographs.
Camilon noted that piles of trash and decaying matter observed in his last
inspection still filled the house.
g.
Evidence of lice and bedbug bites were present on the homeowner when she
was removed from the house, and it is likely these infestations still exist within
the home. There is also a high likelihood of rodent activity due to the rotting
food left in the house.
3. Pursuant to Minnesota Statutes § 463.16 et seq., the City hereby adopts and
approves the Order for Repair and Removal of Hazardous Conditions attached
hereto as Exhibit B.
4. 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
Order for Repair and Removal of Hazardous Conditions and to proceed with
enforcement in accordance with Minn. Stat. § 463.15 et seq.
Revi wed
Administration:
Cit
Attest:
City Clerk
Adopte. . the Cit Council September 2, 2014
Mayor
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Resolution No. 14-098 -3-
Exhibit A
Certificate of Title
Certificate Number:649027
Transfer From Certificate Number 345351
Originally registered January 24, 1940 Volume 219, Certificate No 68601, District Court No 4932
State of Minnesota
County of Hennepin
}
s S.
Registration
This is to certify that
Ramona E Cagley, whose address is 3925 Zarthan Avenue South, St Louis Park, Minnesota
is now the owner of an estate in fee simple
In the following descnbed land situated in the County of Hennepin and State of Minnesota:
Lot 36, Block 4, "Meadowbrook Addition"
Subject to certain building restrictions as contained in deed Doc No 165723,
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota statutes
chapter 508, namely:
1 Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record,
2. Any real property tax or special assessment for which a sale of the land has not been had at the date of the certificate of title;
3 Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease,
4 All rights in public highways upon the land;
5 Such right of appeal or right to appear and contest the application as is allowed by law,
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title,
7 Any outstanding mechanics lien rights which may exist under sections 514.01 to 51417
Memorials
Document
Number
Document Type
Date of Filing
Month Day, Year Time
Amount ($)
Running in Favor Of
693613
Mortgage
Jun 13, 1962 8 00 AM
$16,200 00
Nickels & Smith Company (a Minn corp)
Minneapolis, Minn
Mortgagee's Duplicate No 345351 issued to holder of Mtge Doc No
693613 Jun 13, 1962
695076
Assignment of
Mortgage
Jun 27, 1962 11 50 AM
Metropolitan Life Insurance Company
New York, N Y
Assigns Document No 693613
Mortgagee's Duplicate No 345351 issued Jun 13,1962 surrendered Apr
3, 1992
2249857
Satisfaction of
Mortgage
Apr 3, 1992 3 00 PM
Ramon L Cagley et al
Satisfies document no(s) 693613 0
Indexes Verified through 8/21/2014
Certificate Number 649027
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed the seal of my office this 16th day of May, 1984
R. Dan Carlson
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
This is a non -certified copy Page 1 of 1
Resolution No. 14-098 -4-
fjfT oUs
Inspection Report
To: Brian Hoffman, Ann Boettcher
From Manny Camilon, R.S., EHS
Re. Search Warrant for 3925 Zarthan Ave South, SLP
Date: August 22, 2014
An administrative search warrant was issued today at 9:25 am at 3925 Zarthan Ave. South, home of
Ramona Cagley who is now in a nursing home The house is vacant and was previously secured by the
City. Present were Brian Hoffman, Director of Inspections, Officer Josh Ryan and myself. I posted the
search warrant on the locked front screen door & photographed it The search warrant authorized the
photographing of current conditions inside the garage, an abandoned vehicle & the interior of the
house.
We first opened the overhead garage door and junk literally began to spill out into the driveway There
was a very strong stench of putrefied items coming out of the garage opening as well. It was so bad that
the only way we could control the spread of the odor was to close the overhead door.
I next photographed items inside of the car There were storage box that had mold growing on the
outside of the box Dead flies and maggots had accumulated on the dash of the rear window. An old
bag of shriveled potatoes or a similar vegetable was noted amidst all the junk in the front seat. Doors
were locked.
Brian then unlocked the side door to the house, and as he opened the door, a very strong sour stench
right at the entrance prevented overcame him and stopped him from venturing in He had to go to the
curb to regain his breath. I came over and also noted the raunchy smell and had to back off for a breath
of fresh air. Even though we had Tyvec suits on, booties, gloves and a face mask, the putrid smell was
too powerful for us to go in Every time I tried to go near the house, I became nauseated and backed
off. I finally managed to take a deep breath, reach into the entry way and shoot three photographs of
the stairs leading to the basement, the entry way and the kitchen. I immediately closed the door and
locked it again to prevent the offensive odors — the same ones the neighbors are complaining about —
from escaping. It is evident we would not be entering the basement today due to the overpowering
stench and the same massive amount of trash, garbage and litter in the stairwell since out last
inspection.
Officer Ryan indicated in an earlier conversation that when the owner Mrs. Cagley (86 years old) was
removed from the house earlier this summer, the doctors who examined her found evidence of lice and
bedbug bites on her body. It is almost certain the infestation still exists. I also concluded there is a high
likelihood of rodent activity with all the open rotting food left in the house. And from the large amounts
of blown insulation from the rafters raining down upon the junk and items in the garage, I suspect some
animal has been living in the garage and may still be
Brian noted a basement light on inside the window. He did however verify that all the windows and
doors were secured - evidence of no break-in or intruders. We secured the house with a padlock and
closed the garage overhead door at approximately 9:47 am.
Resolution No. 14-098
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Resolution No. 14-098 -11-
Exhibit B
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: Other Civil
IN RE:
The Matter of a Hazardous Building
Located at 3925 Zarthan Avenue South,
City of St. Louis Park, Hennepin County, Minnesota
Court File No.
ORDER FOR
REPAIR AND REMOVAL OF
HAZARDOUS CONDITIONS
TO: Owner of the above real estate: Ramona Cagley, 3925 Zarthan Avenue South, St.
Louis Park, Minnesota 55416
PLEASE BE ADVISED that pursuant to order of the St. Louis Park City Council and by
authority of Minnesota Statutes § 463 15 et seq , you have twenty (20) days from the date of
service of this Order upon you, to remedy the health and safety hazards and the hazardous
condition of the property at 3925 Zarthan Avenue South, St. Louis Park, Minnesota 55416,
located in the County of Hennepin, and legally described as follows:
Lot 36, Block 4, "Meadowbrook Addition"
County of Hennepin, State of Minnesota
The Property Maintenance Inspector for the City of St. Louis Park has inspected the
property at 3925 Zarthan Avenue South, St. Louis Park, Minnesota 55416 [hereinafter "Subject
Property"]. The inspections revealed that the Subject Property constitutes a health, safety, and
fire hazard to the residents of the City of St. Louis Park. On August 22, 2014, the City of St.
Louis Park applied for and obtained an administrative search warrant at the Subject Property due
to the existence of health, safety, and fire hazards. The search warrant dated August 22, 2014,
notified you of the health and safety violations.
Resolution No. 14-098 -12-
No corrections have been made to remedy the hazardous conditions at the Subject
Property. The following conditions must be remedied and inspected within twenty (20) days
from the date of service of this Order:
1. The house and garage should be examined for rodent and insect infestation. If
found, a rodent or insect infestation should be exterminated by approved
processes which will not be injurious to human health. International Property
Maintenance Code, 2003 edition §§ 302.5; 308.1 as adopted in St. Louis Park
City Code § 6-142.
2. The topaz Mercury GS with Minnesota license plate 580 DNU should be removed
from the Subject Property. International Property Maintenance Code, 2003
edition §§ 302.3; 307.1 as adopted in St. Louis Park City Code § 6-142.
3. Piles of rubbish, combustibles, cardboard boxes, decaying food, and other storage
items must be removed from both the house and garage to restore the interior of
the Subject Property to a safe and sanitary condition. St. Louis Park City Code §
12-95; International Property Maintenance Code, 2003 edition §§ 305.1; 307.1 as
adopted in St. Louis Park City Code § 6-142.
4. A safe, continuous and unobstructed path of travel, free of trash or stored items,
must be cleared from any point in the house and garage to the public way.
International Property Maintenance Code, 2003 edition § 702.1 as adopted in St.
Louis Park City Code § 6-142.
5. The strong, putrid smell which emanates from the house and garage shall be
eliminated. St. Louis Park City Code §§ 12-32;12-33;12-35.
If you fail to remedy the code violations, 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 said twenty
(20) day period or unless an answer is filed within twenty (20) days of service of this Order upon
you pursuant to Minn. Stat. § 463.18. 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.
Resolution No. 14-098 -13-
Dated: August , 2014 CAMPBELL KNUTSON
Professional Association
By:
Soren M. Mattick #27785X
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 Minnesota Statutes § 549.21, subd. 2.
Dated: August , 2014
Soren M. Mattick #27785X