RES 19-73�- City of Elk River
ver City Council
Resolution 19- 73
A Resolution of the City Council of the City of Elk River Declaring the
Property at 1772 Tipton Circle NW a Public Nuisance and Ordering the
Abatement of the Public Nuisance
WHEREAS, the property located at 1772 Tipton Circle NW, Elk River, Minnesota 55330,
is in the jurisdictional boundary of the City of Elk River; and
WHEREAS, the City of Elk River received numerous complaints concerning the exterior
accumulation of junk/rubbish/refuse located in the front and rear yard of the above Subject
Property; and
WHEREAS, City of Elk River staff conducted an inspection of the Subject Property on
June 25, 2019, and observed and documented the exterior accumulation of
junk/rubbish/refuse as cited in the complaint received; and
WHEREAS, during the June 25, 2019, inspection of the Subject Property, staff determined
the conditions of the Subject Property constituted violations of Elk River City Code Chapter
46, Art. II, Section 46-34(a) (4) and City Code Chapter 46, Art. II, Section 46-32 (a) (5); and
WHEREAS, it has been determined by City Council, as stated by City Code Chapter 46,
Article II, Section 46-34 (a) (4), that the depositing of garbage, trash, rubbish, bottles, cans
and other refuse on a public right-of-way or on private property shall be declared a
nuisances affecting public peace and safety; and
WHEREAS, it has been determined by City Council, as stated by City Code Chapter 46,
Article II, Section 46-32 (a) (5), that the accumulations of manure, rubbish, tin cans or
other debris shall be declared a nuisances affecting public health; and
WHEREAS, the registered property owner legally responsible for the Subject Property,
and the tenant living on the property, were issued an Order to Correct on June 25, 2019, for
the aforementioned violations of City Code; and
WHEREAS, the Subject Property was re -inspected by staff on July 3, 2019, and was found
to still be in violation of City Code for the continued and unresolved exterior accumulation
of junk/rubbish/refuse; and
WHEREAS, the registered property owner legally responsible for the Subject Property,
and the tenant living on the property, were issued a legal letter on July 16, 2019, for the
aforementioned violations of City Code; and
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WHEREAS, the Subject Property was re -inspected by staff on July 22, 2019, and was
found to still be in violation of City Code for the continued and unresolved exterior
accumulation of junk/rubbish/refuse; and
WHEREAS, the Subject Property was re -inspected by staff on August 2, 2019, and was
found to still be in violation of City Code for the continued and unresolved exterior
accumulation of junk/rubbish/refuse; and
WHEREAS, the Subject Property was re -inspected by staff on August 27, 2019, and was
found to still be in violation of City Code for the continued and unresolved exterior
accumulation of junk/rubbish/refuse; and
WHEREAS, the Subject Property was re -inspected by staff on September 10, 2019, and
was found to still be in violation of City Code for the continued and unresolved exterior
accumulation of junk/rubbish/refuse; and
WHEREAS, the Subject Property was re -inspected by staff on October 9, 2019, and was
found to still be in violation of City Code for the continued and unresolved exterior
accumulation of junk/rubbish/refuse; and
WHEREAS, the Subject Property was re -inspected by staff on October 22, 2019, and was
found to still be in violation of City Code for the continued and unresolved exterior
accumulation of junk/rubbish/refuse; and
WHEREAS, the Subject Property was re -inspected by staff on November 13, 2019, and
was found to still be in violation of City Code for the continued and unresolved exterior
accumulation of junk/rubbish/refuse; and
WHEREAS, the Subject Property was re -inspected by staff on December 4, 2019, and was
found to still be in violation of City Code for the continued and unresolved exterior
accumulation of junk/rubbish/refuse; and
WHEREAS, the registered property owner legally responsible for the Subject Property
failed to comply with Order to Correct issued on June 25, 2019; and
WHEREAS, the City seeks to abate the aforementioned violations of City Code by
initiating abatement procedures allowed under MN Statute Chapter 463; and
WHEREAS, the Subject Property meets the definition of a hazardous property as defined
by Minnesota Statute 463.15 Subdivision 3, as follows:
M. S. 463.15 DEFINITIONS
Subd. 3. Hazardous building or hazardous property.
"Hazardous building or hazardous property" means any building or
property, which because of inadequate maintenance, dilapidation,
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physical damage, unsanitary condition, or abandonment, constitutes a
fire hazard or a hazard to public safety or health.
WHEREAS, Minnesota Statute 463.16 grants the governing body of any municipality the
authority to order the owner of a hazardous property to correct or remove the hazardous
condition of the property, which reads as follows:
M. S. 463.16 REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION.
The governing body of any municipality may order the owner of any
hazardous building or property within the municipality to correct or remove
the hazardous condition of the building or property or to raze or remove the
building.
WHEREAS, Minnesota Statute 463.161 grants the governing body of any municipality the
authority to abate any hazardous condition of any hazardous property, which reads as
follows:
M. S. 463.161 ABATEMENT.
In the manner prescribed in section 463.21 the governing body of any
municipality may correct or remove the hazardous condition of any
hazardous building or property; the cost of which shall be charged against
the real estate as provided in section 463.21 except the governing body may
provide that the cost so assessed may be paid in not to exceed five equal
annual installments with interest therein, at eight percent per annum.
NOW, THEREFORE, BE IT RESOLVED that based on the findings above, the Elk
River City Council hereby declares the Subject Property located at 1772 Tipton Circle NW,
Elk River, Minnesota 55330, with Property ID number 75-535-0115, and as legally described
above, a hazardous property and a public nuisance.
BE IT FURTHER RESOLVED the Elk River City Council hereby orders the abatement
of the hazardous conditions in violation of City Code in a reasonable amount of time, not to
exceed 20 days from the date of service of this order of abatement to the registered property
owner.
BE IT FURTHER RESOLVED by the Elk River City Council that regardless of the time
frames for compliance, the registered property owner has twenty (20) days from the date of
service of the order of abatement to contest the order of abatement in accordance with
Minnesota Statute 463.18, as follows:
M. S. 463.18 ANSWER
Within 20 days from the date of service, any person upon whom the order is
served may serve an answer in the manner provided for the service of an
answer in a civil action, specifically denying such facts in the order as are in
dispute.
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BE IT FURTHER RESOLVED by the Elk River City Council that if an answer is served
within the twenty (20) day period, the contested case will proceed in accordance with
Minnesota Statute 463.20, as follows:
M. S. 463.20 CONTESTED CASES
If an answer is filed and served as provided in section 463.18, further
proceedings in the action shall be governed by the Rules of Civil Procedure
for the District Courts, except that the action has priority over all pending
civil actions and shall be tried forthwith. If the order is sustained following
the trial, the court shall enter judgment and shall fix a time after which the
building must be destroyed or repaired or the hazardous condition removed
or corrected, as the case may be, in compliance with the order as originally
filed or modified by the court. If the order is not sustained, it shall be
annulled and set aside. The court administrator of the court shall cause a
copy of the judgment to be mailed forthwith to the persons upon whom the
original order was served.
BE IT FURTHER RESOLVED by the Elk River City Council that if the registered
property owner does not comply with this order of abatement, the City will seek summary
enforcement of the order of abatement and authorizes the City Administrator to undertake
all actions necessary to enforce and execute the order of abatement. Any and all costs
incurred by the City to enforce and execute the abatement order will be assessed to the
property by special assessment.
Passed and adopted this 16th day of December 2019.
ATTEST:
Tina Allard, City Clerk
Joo J. 4etzv, Mayor
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