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HomeMy WebLinkAbout25-064 - ADMIN Resolution - City Council - 2025/06/16 Resolution No. 25-064 Ordering Repair or Removal of Hazardous Conditions Whereas, the city staff of the City of St. Louis Park have attempted without success to have the property owner remedy the hazardous and unsafe conditions of the property at 7436 North Street, Saint Louis Park, MN 55426, with a legal description of: Lots 43 and 44, Block 143, "Rearrangement of St. Louis Park", Together with the Southeasterly 1/2 of vacated alley adjoining said Lots, Hennepin County, Minnesota, and a Parcel Identification Number (PID) of: 20-117-21-21-0051 (“Subject Property”); and Whereas, the St. Louis Park City Council has determined that the building on the property constitutes a hazardous property due to inadequate maintenance that constitutes a hazard to public safety or health within the meaning of Minn. Stat. § 463.15, subd. 3; and Whereas, the city council has fully considered all evidence relating to the safety hazards at the subject property. Said evidence is attached hereto as exhibits. The exhibits include the following documents: a. Exhibit A: Ownership and Encumbrance report for subject property showing that Mark G. Ralke owns the subject property, and there is an active mortgage on the subject property. b. Exhibits C-1 to C-10: Photographs of the subject property documenting fire damage. Now therefore, the city council of the city of St. Louis Park, Minnesota makes the following: Findings 1. The above recitals are incorporated as if fully set forth herein. 2. Mark G. Ralke currently owns the subject property in fee title. Mortgage Electronic Registration Systems, Inc. as nominee for Freedom Mortgage Corporation currently is the lienholder of record with a mortgage on the subject property. 3. The subject property contains a residential home. 4. The Minnesota State Building Code requires that all structures, and all parts of structures, “shall be maintained in a safe and sanitary condition.” Minn. R. 1300.0225; see also St. Louis Park City Code § 6-66(a) (adopting the Minnesota state building code). “All devices or safeguards required by this code shall be maintained in conformance with the code editions under which the devices or safeguards are installed.” Minn. R. 1300.0225. 5. The subject property sustained extensive physical damage due to a fire on February 25, 2025. The fire destroyed a significant portion of the home, including most of the roof, compromising the structural integrity and safety of the building. Most of Docusign Envelope ID: 1539CFE5-641E-4FAF-B878-50C98ECEB49B the home interior is now exposed to the elements due to the roof damage and unfit for habitation. Damaged windows and entryways have been secured with plywood, but no additional measures have been taken to prevent unauthorized entry into the structure posing a risk of injury. Based on the extent of fire damage, repair or restoration of the home to allow for safe habitation appears unlikely, potentially requiring demolition. 6. No repairs, remediation or demolition has been completed to the Subject Property since the fire on February 25, 2025. No building permits have issued to the Subject Property. Conditions have continued to deteriorate in the intervening time. Decision Now therefore, be it resolved by the city council of the city of St. Louis Park, Minnesota, based upon the information received and the above findings, the following: 1. The subject property contains violations of city code and the Minnesota Building Code. 2. The subject property, which is located in St. Louis Park, Hennepin County, constitutes a health and safety hazard within the meaning of Minnesota Chapter 463. Specifically, the subject property contains conditions, fire damage, structural decay, a lack of security against pest or weather intrusion, a lack of security against unauthorized access, and a lack of maintenance that constitute a hazard to public safety or health. Minn. Stat. § 463.15, subd. 3. 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 C. 4. The city’s legal counsel, Campbell Knutson, P.A., 860 Blue Gentian Road, Suite 290, 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. Reviewed for administration: Adopted by the city council June 16, 2025: Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Docusign Envelope ID: 1539CFE5-641E-4FAF-B878-50C98ECEB49B 236273v1 236273v3 EXHIBIT C CITY OF ST. LOUIS PARK Order of the City Council of St. Louis Park, Hennepin County, Minnesota concerning Hazardous building on the property Located at: 7436 North Street, Saint Louis Park, MN 55426 Legally described as: Lots 43 and 44, Block 143, "Rearrangement of St. Louis Park", Together with the Southeasterly 1/2 of vacated alley adjoining said Lots, Hennepin County, Minnesota. Parcel Identification Number (PID): 20-117-21-21-0051 TO: Mark G. Ralke, Owner in Fee Simple of the Subject Property; and CC: Thomas H. Ralke, Brother and Presumptive Next-of-Kin to Owner of the Subject Property. Pursuant to Minnesota Statutes § 463.15, et seq., the City of St. Louis Park City Council, having duly considered the matter, found the above-described property to be hazardous through the passage of Resolution No. 25-064. City staff have observed the conditions present at 7436 North Street, St. Louis Park, MN 55426 [hereinafter: subject property]. Their observations revealed that the subject property constitutes a hazardous property within the meaning of Minnesota Chapter 463. Specifically, the city council found that the subject property sustained extensive fire damage on February 25, 2025, is no longer habitable, and in disrepair in such a way as to constitute a hazard to public safety or health within the meaning of Minn. Stat. § 463.15, subd. 3. Pursuant to the foregoing, in accordance with Minn. Stat. § 463.17, unless the hazardous conditions listed above are removed within thirty (30) days of the date of this Order, the city shall cause the hazardous conditions on the subject property to be removed. The removal of the above-reference hazardous conditions requires, at minimum, securing the building against entry and pest intrusion, repair or removal of damaged structural elements and weatherproofing, and removal of fire-damaged remnants, and may require demolition of the building and foundation and backfilling of excavation. If you fail to remedy the hazardous conditions, 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 thirty (30) day period or unless an answer is filed within twenty (20) days of service Docusign Envelope ID: 1539CFE5-641E-4FAF-B878-50C98ECEB49B 236273v1 236273v3 of this Order upon you pursuant to Minn. Stat. § 463.18. Any answer filed must specifically deny sufficient facts presented in this Order to raise a material question as to the presence or absence of hazardous conditions. Upon enforcement of the Order by the city, all costs expended by the city including reasonable attorneys’ fees will be assessed against the real property and collected as other taxes as provided in Minn. Stat. § 463.21. If you fail to remedy the hazardous conditions, you must remove all personal property or fixtures necessary for the removal of the deck, if any, within thirty (30) days of service of this Order upon you pursuant to Minn. Stat. § 463.24. If said personal property or fixtures are not removed within that by time, then the city may sell the personal property or fixtures at public auction as provided in Minn. Stat. § 463.21 or the city may destroy the same. CAMPBELL KNUTSON Professional Association Dated: June 11, 2025 By /s/ John S. Brooksbank John S. Brooksbank (#0402593) Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 234-6235 jbrooksbank@ck-law.com Attorney for City of Saint Louis Park Docusign Envelope ID: 1539CFE5-641E-4FAF-B878-50C98ECEB49B