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Home My WebLink About17-005 - ADMIN Resolution - City Council - 2017/01/03RESOLUTION NO. 17-005 RESOLUTION ORDERING REPAIR OR REMOVAL OF HAZARDOUS CONDITIONS WHEREAS, the Property Maintenance Inspector of the City of St. Louis Park has attempted without success to have the owner of certain property at 2752 Hampshire Avenue South, St. Louis Park, Minnesota, in the County of Hennepin ("Subject Property"), remedy the hazardous condition of the property and building located thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota: The City has fully considered all evidence relating to the hazardous condition of the Subject Property. Said evidence includes (i) Property Report; (ii) December 7, 2016, letter by Michael Pivec, Property Maintenance Inspector, and accompanying photographs; and (iii) December 15, 2016, letter by Michael Pivec, Property Maintenance Inspector, and accompanying photographs. 2. After fully considering all of the documents, and other evidence pertaining to the hazardous condition of the Subject Property, the City of St. Louis Park finds: a. David M. Schlosser is the owner of the Subject Property. Wells Fargo Bank, NA and Minnesota Housing Finance Agency hold mortgages against the Subject Property. b. City staff have made multiple attempts to contact the property owner since April 2016, regarding standing water in the basement of the residential building on the Subject Property. c. A December 13, 2016 inspection of the residential building on the Subject Property revealed numerous violations of the St. Louis Park City Code, as set forth in the attached Exhibit A. d. As of the date of this Resolution, no steps have been taken to remedy the violations set forth in Exhibit A. e. Because of the inadequate maintenance, dilapidation, physical damage, and unsanitary condition noted above, the Subject Property constitutes a fire hazard or a hazard to public safety or health and is therefore a Hazardous Building and Property within the meaning of Minn. Stat. § 463.15, subd. 3. 3. Pursuant to Minnesota Statutes § 463.15 et seq., the City hereby adopts and approves the Order to Correct or Remove Hazardous Conditions attached hereto as Exhibit A. The City's legal counsel, Campbell Knutson, P.A., Grand Oak Office Center I, 860 Blue Gentian Road, Suite 290, Eagan, Minnesota 55121, is directed to edit as necessary and serve the Order to Correct or Remove Hazardous Conditions and to proceed with enforcement in accordance with Minn. Stat. § 463.15 et seq. Resolution No. 17-005 -2- Reviewed Thomas K. Attest: x(I"-A" Melissa Kennedy, 151Y -Clerk by the City Council January 3, 2017 Resolution No. 17-005 STATE OF MINNESOTA COUNTY OF HENNEPIN IN RE: -3- EXHIBIT A The Matter of a Hazardous Building and Property Located at 2752 Hampshire Avenue South, City of St. Louis Park, Hennepin County, Minnesota DISTRICT COURT FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No. ORDER TO CORRECT OR REMOVE HAZARDOUS CONDITIONS TO: Owners and lienholders of the above real estate: David M. Schlosser, 2752 Hampshire Avenue South, St. Louis Park, Minnesota 55426; Wells Fargo Bank, NA, 101 North Phillips Avenue, Sioux Falls, South Dakota 57104; Minnesota Housing Finance Agency, c/o Minnesota Attorney General's Office, 1100 Bremer Tower, 445 Minnesota Street, 11th Floor, St. Paul, Minnesota 55101 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 fire, health, and safety hazards and the hazardous condition of the property and building located at 2752 Hampshire Avenue South, St. Louis Park, Minnesota 55427 located in the County of Hennepin, and legally described as follows: Lots 14 and 15, Block 9, The Bronx, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, subject to covenants, restrictions and easements of record, of any. On April 29, 2016, inspection staff and a representative from the fire department were called to investigate an issue at 2752 Hampshire Ave South. Upon arrival, plumbing inspector observed a crack in the north foundation wall of the residential building on the Subject Property, where possible water intrusion had occurred due to the negative pitch of the north yard. On the south side of the residential building the same inspector could see visible standing water in the basement via a large opening in the basement window. The water level appeared to be about 10- 12 inches deep and the cause of the strong odor. Later, the fire representative Eva Hansen made Resolution No. 17-005 -4- contact with the property owner, who explained that the condition was the result of water intrusion from the exterior and that he was working to resolve the problem caused by a clogged floor drain. On December 2, 2016 staff from the utilities department went to the Subject Property to install a new water meter. Upon arrival they were met by the property owner who stated there was standing water in the basement of the residential building due to water intrusion through a crack in the foundation. The staff left briefly to retrieve rubber boots and when they returned, the property owner was pumping the standing liquid from the basement out onto the side yard where it proceeded to run into the street sewer system. When they entered the residential building they found about 2 inches of odorous water in the basement that smelled like sewage. The property owner denied the cause was backed up sewage but the staff saw evidence of what appeared to be a large pile of feces near the center of the basement. Staff moved forward with replacing the water meter and notified other city staff of the situation. On December 5, 2016 the water resources manager and Michael Pivec, Property Maintenance Inspector, returned to the Subject Property to document the conditions of the Subject Property's exterior. From that site visit, Mr. Pivec observed numerous code violations on the Subject Property, including illicit discharge. On December 13, 2016, City staff inspected the residential building on the above described property pursuant to an administrative search warrant and identified multiple violations of the St. Louis Park City Code which independently and together constitute a condition hazard to public safety or health, making the property a hazardous property under Minn. Stat. § 463.15. Upon entry there was an immediate overpowering odor of sewage waste. In the basement, there was at least 2 inches of standing water which appeared to be backed up sewage. There was evidence that the water level was up to at least 12" at some point, and all appliances in the basement showed signs of having been submerged. The entire home was filled with garbage. The property owner was subsequently notified that the property was uninhabitable. To date, no progress has been made Resolution No. 17-005 -5- toward correcting or removing the hazardous conditions. The following violations must be remedied or removed, and inspected within twenty (20) days from the date of service of this Order: 1. Basement window partially boarded up, in violation of the 2012 International Property Maintenance Code, Section 304.13, as adopted in City Code Section 6-142. 2. Large crack in basement foundation wall (north side), in violation of the 2012 International Property Maintenance Code, Section 304.5, as adopted in City Code Section 6-142. 3. Outside storage including miscellaneous lumber, concrete blocks, garbage containers, and tree branches, in violation of the 2012 International Property Maintenance Code, Section 310, as revised in City Code Section 6-143. 4. Garage overhead door displaced and out of track, in violation of the 2012 International Property Maintenance Code, Section 304.15, as adopted in City Code Section 6-142. 5. Missing and deteriorated exterior trim, in violation of the 2012 International Property Maintenance Code, Section 304.6, as adopted in City Code Section 6-142. 6. Improperly displayed address numbers on garage, in violation of the 2012 International Property Maintenance Code, Section 304.3, as adopted in City Code Section 6-142 and revised in City Code Section 6-143. 7. Peeling paint and bare wood on exterior trim, in violation of the 2012 International Property Maintenance Code, Section 304.2, as adopted in City Code Section 6-142. 8. Exterior steps to front entrance not structurally sound, in violation of the 2012 International Property Maintenance Code, Section 304.1.1, as adopted in City Code Section 6-142. 9. Illicit discharge, in violation of City Code Section 12-157. 10. Interior of home is grossly unsanitary, and there is standing sewage in basement, refuse/garbage piled throughout and animal feces, in violation of City Code Section 12- 33(20). 11. Accumulation of garbage that could prevent emergency egress, in violation of City Code Section 12-33(23). 12. Basement supporting studs at center beam detached and loose, in violation of the 2012 International Property Maintenance Code, Section 305.2, as adopted in City Code Section 6-142. 13. All interior surfaces are soiled and unsanitary, there are cobwebs throughout, and the bathroom is heavily soiled and covered in mildew, in violation of the 2012 International Property Maintenance Code, Section 305.3, as adopted in City Code Section 6-142. 14. The plumbing fixtures are not maintained, the tub is missing an overflow seal/cover, the toilet has a supply hose running from the bathroom sink, and all fixtures are unsanitary, in violation of the 2012 International Property Maintenance Code, Section 504.1, as adopted in City Code Section 6-142. 15. Cross -connection of the toilet with the bathroom sink, in violation of the 2012 International Property Maintenance Code, Section 504.3, as adopted in City Code Section 6-142. 16. Water heating facilities in basement are exposed to basement flooding, in violation of the 2012 International Property Maintenance Code, Section 505.4, as adopted in City Code Section 6-142. 17. Electrical equipment, outlets, fuse boxes, and junction boxes are not properly covered and secured, in violation of the 2012 International Property Maintenance Code, Section 604.3, as adopted in City Code Section 6-142. 18. Smoke alarms are missing or inoperable, in violation of the 2012 International Property Maintenance Code, Section 704.2, as adopted in City Code Section 6-142 and revised in City Code Section 6-143. Resolution No. 17-005 -6- If you fail to remedy the hazardous conditions in the building, the City will seek permission from the District Court for the City to repair or remove the hazardous condition of the building, including demolition of the building, destruction and removal of all personal property within the building, and grading of the property. 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 & 463.22. Dated: 2016 CAMPBELL KNUTSON Professional Association C Soren M. Mattick (#27785X) St. Louis Park City Attorney Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 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 § 549.211, subd. 1. Dated: .2016 Soren M. Mattick