RES 25-05`Ry of
ilk
River% --
City of Elk River
City Council
Resolution 25-05
A Resolution Ordering Repair or Removal
of Hazardous Conditions
WHEREAS, the City staff of the City of Elk River have attempted without success to remedy the
hazardous and unsafe conditions of the property located at 19116 Troy St. NW, in the City of Elk
River, Minnesota, with a legal description of Lot 4, Block 1, Oak Knoll, Sherburne County, Minnesota
(the "Subject Property"); and
WHEREAS, the City Council has determined that the building on the property constitutes a
hazardous property 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; and
WHEREAS, in passing Resolution 24-50 the City Council has previously determined that the
building on the property constitutes a hazardous property, and due to the lack of any living person
claiming an interest in the property directed that the property be acquired through eminent domain to
allow the hazardous conditions to be addressed permanently; and
WHEREAS, the City has since learned of possible heirs to the property, and wishes to both avoid
undue interference with any potential heirs' property rights as determined through the probate process
and ensure that the hazardous conditions on the property are addressed in a timely fashion; and
WHEREAS, the City will no longer be seeking to acquire the property through eminent domain
pending the potential resolution of ownership interests through the probate process; and
WHEREAS, the City Council 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 during an inspection on December 5,
2023
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ELK RIVER,
MINNESOTA, MAKES THE FOLLOWING:
FINDINGS
1. The above recitals are incorporated as if fully set forth herein.
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2. The sole owner of record of the property is William G. Boop. The County of Sherburne
holds an interest in the Subject Property for potential taxes. There are currently no other lienholders
of record of the Subject Property.
Laura L. Madden and Amy M. Roll are the Personal Representatives and Heirs of William G.
4. The Subject Property contains a single-family home. The City believes the home to be
vacant and unoccupied.
5. The Subject Property contains violations of City Code and the International Property
Maintenance Code (IPMC). See also Elk River City Code 5 30-87 (adopting the IPMC by reference.
6. IPMC � 305.1 requires that the interior of all structures "shall be maintained in good repair,
structurally sound and in a sanitary condition." IPMC 5 309.1 requires that all structures be kept free
from insect and rodent infestation. City Code 5 46-35 declares dilapidated structures to be public
nuisances. City Code 5 46-34 declares solid waste or junk accumulation so as to be dangerous or
injurious to be a public nuisance.
7. The entire interior of the Subject Property is in extremely poor repair. The Subject Property
is littered with trash and animal feces throughout. The Subject Property is cluttered with debris,
furniture, and other items throughout. The Subject Property shows signs of ongoing rodent
infestation. There is visible water damage inside the Subject Property and visible water damage to
the exterior of the Subject Property.
DECISION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELK RIVER, MINNESOTA, based upon the information received and the above Findings,
the following:
1. The Subject Property contains violations of City Code and the IPMC.
2. 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 contains conditions and improper construction that constitute a fire
hazard and a hazard to public safety or health. Minn. Stat. 5 463.15, 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.
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Passed and adopted this 21st day of January 2025.
tD � tz, ayor
ATTEST:,
Tina Allard, City Clerk
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