RES 24-18CITY OF ELK RIVER
RESOLUTION NO. 24-18
A RESOLUTION ORDERING
REPAIR OR REMOVAL
OF HAZARDOUS CONDITIONS
WHEREAS, the City staff of the City of Elk River have attempted without success to have
the occupant of certain property remedy the hazardous and unsafe conditions of the property at
19176 Kent Street Northwest, City of Elk River, County of Sherburne, State of Minnesota, with a
legal description of:
Lot 8, Block 3, Belgin Acres, according to the map or plat thereof on file and
of record in the office of the County Recorder in and for Sherburne County,
Minnesota
and a Parcel Identification Number (PIN) of. 75-00506-0380 ("Subject Property"); and
WHEREAS, the City Council has determined that the structure on the property is a
hazardous building due to inadequate maintenance that constitutes a fire and safety hazard to public
safety or health within the meaning of Minn. Stat. § 463.15, subd. 3.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ELK RIVER, MINNESOTA:
The City has fully considered all evidence relating to the code violations 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.
b. Exhibit B: Photographs of the Subject Property taken by City staff.
C. Exhibit C: Notice and Compliance Orders.
After fully considering all of the reports, photographs, documents, and other
evidence pertaining to the code violations at the Subject Property, the City Council
of Elk River finds:
a. Dean G. Thompson owns the Subject Property. The Subject Property contains a
single-family residential structure without any current occupants. Twin City
Federal Savings and Loan Association, a United States of America corporation,
holds a recorded interest in Subject Property from a mortgage instrument
Document No. 178088, dated October 6, 1983, filed October 14, 1983. There are
currently no other lienholders of record of the Subject Property.
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b. The Subject Property, which is located in Elk River, Sherburne County, constitutes a
health and safety hazard within the meaning of Minnesota Chapter 463. Specifically,
the Subject Property has been inadequately maintained and contains conditions and
dilapidation that constitute a fire hazard and a hazard to public safety or health.
Minn. Stat. § 463.15, subd. 3.
c. The Subject Property contains a residential structure that is inadequately maintained,
dilapidated, and deteriorated in violation of Minnesota State Building Code
§ 1300.0180. The Subject Property is no longer weather resistant and is open to the
elements in violation of Property Maintenance Code § 304.2. These structural
elements display visual damage, deterioration, and warping of the roof and roof
framing in violation of Property Maintenance Code § 304.1.1. There are large holes
in the walls and roof of the structure that constitute violations of Elk River City
Code 46-35(a). This deteriorated condition leaves the structural members unable to
sustain the design loads required, and there have been heavy loads of snow on top of
the compromised roof. These are hazardous conditions threatening the structural
integrity of the structure.
d. The inadequate maintenance of the Subject Property has allowed for damage to the
structure of the building, allowing for the infiltration of water into the building that
create damp and unsanitary conditions. There is visible water damage to the exterior
of the Subject Property. The unoccupied building has not been secured, in violation
of Minnesota State Fire Code § 311.1. These are substantial public safety concerns
and indicate that the Subject Property is a hazardous building within the meaning of
Minn. Stat. § 463.15, subd. 3.
e. The Subject Property constitutes a threat to the health and safety of the public due to
the risk of fire. The dilapidated, damaged, and deteriorated structure renders the
building structurally unsound. The structural instability of the Subject Property and
its roof renders the Subject Property unsafe for firefighting crews. If the Subject
Property caught fire, the Elk River Fire Department would be forced to allow it to
burn and instead focus their efforts on the surrounding properties only. This is a
substantial public safety concern and indicates that the Subject Property is hazardous
within the meaning of 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 D.
4. The City's legal counsel, Campbell Knutson, P.A., 860 Blue Gentian Road, Suite
290, Eagan, Minnesota 5 512 1, 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.
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u
ADOPTED this ;.; day of _,-cn , 2024, by. the City Council of the City of
Elk River, Minnesota.
ATTEST:
Tina Allard, City Clerk
CITY OF ELK RIVER
BY:
bin J. ietz, ayor
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STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
The undersigned, being the duly qualified and appointed City Clerk of the City of Elk
River, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Elk River City Council on kar-Gb 1$ , 2024, with the original thereof on file in my
office, and the same is a correct transcriptio�of.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
18th day of March , 2024.
l
Tina Allard, City Clerk
zz9ss8vz 4
CITY OF ELK RIVER
Order of the City Council of Elk River,
Sherburne County, Minnesota concerning
Hazardous building on the property
Located at:
19176 Kent Street Northwest, Elk River, Minnesota
Legally described as:
Lot 8, Block 3, Belgin Acres, according to the map or plat thereof on file and of record in the
office of the County Recorder in and for Sherburne County, Minnesota
Parcel Identification Number (PIN):
75-00506-0380
To: Dean G. Thompson, Record Owner of Subject Property, 19176 Kent Street NW, Elk
River, MN 55330; and Twin City Federal Savings and Loan Association, Mortgagee, 801
Marquette Avenue, Minneapolis, MN 55402.
Pursuant to Minnesota Statutes § 463.15, et seq., the City Council of the City of Elk River,
having duly considered the matter, found the above -described property to be hazardous for the
reasons set forth herein.
Elk River City staff have observed the conditions present at 19176 Kent Street NW, Elk
River, MN 55330 [hereinafter: Subject Property]. Their observations revealed that the Subject
Property constitutes a hazardous property within the meaning of Minnesota Chapter 463.
Specifically, the Subject Property has been inadequately maintained and contains excessive storage
that constitutes a fire and safety hazard to public safety or health within the meaning of Minn. Stat.
§ 463.15, subd. 3. Specifically, the City Council finds that the following hazardous conditions exist
at the Subject Property:
1. The Subject Property contains a residential structure that is inadequately maintained,
dilapidated, and deteriorated in violation of Minnesota State Building Code
§ 1300.0180. The Subject Property is no longer weather resistant and is open to the
elements in violation of Property Maintenance Code § 304.2. These structural
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elements display visual damage, deterioration, and warping of the roof and roof
framing in violation of Property Maintenance Code § 304.1.1. There are large holes
in the walls and roof of the structure that constitute violations of Elk River City
Code 46-35(a). This deteriorated condition leaves the structural members unable to
sustain the design loads required, and there have been heavy loads of snow on top of
the compromised roof. These are hazardous conditions threatening the structural
integrity of the structure.
2. The inadequate maintenance of the Subject Property has allowed for damage to the
structure of the building, allowing for the infiltration of water into the building that
create damp and unsanitary conditions. There is visible water damage to the exterior
of the Subject Property. The unoccupied building has not been secured, in violation
of Minnesota State Fire Code § 311.1. These are substantial public safety concerns
and indicate that the Subject Property is a hazardous building within the meaning of
Minn. Stat. § 463.15, subd. 3.
3. The Subject Property constitutes a threat to the health and safety of the public due to
the risk of fire. The dilapidated, damaged, and deteriorated structure renders the
building structurally unsound. The structural instability of the Subject Property and
its roof renders the Subject Property unsafe for firefighting crews. If the Subject
Property caught fire, the Elk River Fire Department would be forced to allow it to
burn and instead focus their efforts on the surrounding properties only. This is a
substantial public safety concern and indicates that the Subject Property is hazardous
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 may include, if reasonably necessary, the demolition of the
hazardous structure on the Subject Property.
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 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
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conditions. 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.
If you fail to remedy the hazardous conditions, you must remove all personal property or
fixtures within thirty (30) days of service of this Order upon you pursuant to Minn. Stat. § 463.24.
If the 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.
Moreover, you are advised that if the City of Elk River is compelled to take any action to
abate these hazardous conditions, all necessary costs expended by the City will be assessed against
the real estate and collected as other taxes as provided in Minn. Stat. § 463.21.
CITY OF ELK RIVER
BY:
John J. Dietz, yor
ATTEST:
Tina Allard, City Clerk
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