4.7 SR 01-21-2025The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
4.7
Meeting Date
January 21, 2025
Prepared By
Zack Carlton, Community Development Director
Item Description
Resolution 25-05 Hazardous Property Order for
19116 Troy St NW
Reviewed by
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Resolution 25-05 ordering repair or removal of hazardous conditions at 19116 Troy Street
NW
Background/Discussion
Code enforcement and the city attorney have been working to address the hazardous property at 19116
Troy Street NW. Numerous attempts were to contact the property owner, but were unsuccessful.
In 2024, the Council authorized staff to proceed with an Eminent Domain proceeding to acquire the property,
demolish the hazardous structures, and sell it as a developable residential parcel. During those proceedings,
the city was contacted by two heirs of the previous property owner. They have since filed a successful
probate matter and are now the estate's personal representatives. The city will no longer seek to acquire the
property through eminent domain.
With the ownership question answered, staff asks the Council to adopt a resolution formally ordering the
removal or repair of the hazardous conditions on the property. We will continue to work with the heirs and
their representatives to bring the property into compliance.
Financial Impact
Legal fees will be assessed to the property in accordance with state and local regulations.
Mission/Policy/Goal
Improve citizen quality of life.
Attachments
1. RES 25-05 Hazardous Property Resolution
2. Exhibit A - O&E Report
3. Exhibit B - Interior Photos
4. Exhibit C - Hazardous Property Order
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232825v2
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.
3. Laura L. Madden and Amy M. Roll are the Personal Representatives and Heirs of William G.
Boop.
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 § 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 § 309.1 requires that all structures be kept free
from insect and rodent infestation. City Code § 46-35 declares dilapidated structures to be public
nuisances. City Code § 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. § 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.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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Date:
Number:
Class/DescriptionFile Number AmountClient's File #Transactee Memo
09/20/2023
Land Title, Inc.
2200 County Road C West
Suite 2205
Roseville, MN 55113
651.638.1900
Campbell Knutson
860 Blue Gentian Road Suite 290
Eagan, MN 55121
100372
Invoice
19116 Troy Street Northwest, Elk River,
MN 55330
Boop, William Property Report $75.00684413
Total $75.00
$75.00Total Due
When you provide a check as payment, you authorize us to use
information from the check to make a one-time electronic fund
transfer from your account. In certain circumstances, such as for
technical or processing reasons, we may process your payment as a
check transaction.
Due Upon Receipt
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LT File Number: 684413 Page 1 of 2
LT File Number: 684413
Report prepared on: September 20, 2023
Prepared for:
Campbell Knutson
860 Blue Gentian Road Suite 290
Eagan, MN 55121
Attn: Miya E. Watson
Client File No.:
PROPERTY REPORT
Applicant:William G. Boop
Property Address:19116 Troy Street Northwest, Elk River, MN 55330
County:Sherburne State:Minnesota
Property Type:Abstract Property
LEGAL DESCRIPTION:
Lot 4, Block 1, Oak Knoll, Sherburne County, Minnesota.
APPARENT RECORD OWNER:
William G. Boop
WARRANTY DEED: Jerry R. Wells and Patricia A. Wells, as husband and wife to William G. Boop ; DOCUMENT NO.:
257126; DATED: October 29, 1991; FILED: December 18, 1991.
OPEN MORTGAGES AND LIENS:
-NONE-
TAX INFORMATION:
Tax I.D. No.: 75-452-0120
Taxes for the year 2023: $1,948.00, Total, are 1st 1/2 Due, 2nd 1/2 Due, plus penalty on unpaid 1st half
Delinquent Tax: None
Base Tax: $1,948.00(Homestead)
Estimated Market Value: $161,100.00
Assessed in the name of: William G. Boop
NAME SEARCHES:
There are no unsatisfied judgments and notices of Federal or State Tax Liens docketed in Sherburne County
District Court, and the Sherburne County Recorder’s office appearing against the following names (through the
date interest was conveyed out):
William Boop
Except as follows:
JUDGMENT: Bank of America, N.A. vs. William G. Boop, dated July 10, 2015, docketed July 10, 2015 in Sherburne
County District Court records as Case No. 71-CV-15-688 in the amount of $7,838.85.
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LT File Number: 684413 Page 2 of 2
POSTED EFFECTIVE DATE: September 15, 2023
This Property Report is not a title examination, title opinion, title insurance commitment or title insurance policy. This report is
furnished for the use and benefit of the requesting party. The liability of the reporting company caused by inaccuracies
contained herein is limited to the amount paid for in said report.
Land Title, Inc. 2200 West County Road C, Suite 2205, Roseville, MN 55113 phone (651) 638-1900 fax (651) 697-6185 landtitleinc.com
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232826v1
CITY OF ELK RIVER
Order of the City Council of Elk River,
Sherburne County, Minnesota concerning
Hazardous building on the property
Located at:
19116 Troy St. NW, Elk River, MN 55330
Legally described as:
Lot 4, Block 1, Oak Knoll, Sherburne County, Minnesota.
Parcel Identification Number (PID): 75-00452-0120
TO: William G. Boop, Owner in Fee Simple of the Subject Property;
Laura Madden and Amy M. Roll, personal representatives of the Owner.
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 through
the passage of Resolution 25-___.
Elk River City staff have observed the conditions present at 19116 Troy St. 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, is dilapidated, and littered with junk and debris
in violation of City Code and the International Property Maintenance Code (IPMC) in such a way
as to constitute a 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. IPMC § 305.1 requires that the interior of all structures “shall be maintained in good
repair, structurally sound and in a sanitary condition.” IPMC § 309.1 requires that all
structures be kept free from insect and rodent infestation. City Code § 46-35 declares
dilapidated structures to be public nuisances.
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2. City Code § 46-34 declares solid waste or junk accumulation so as to be dangerous or
injurious to be a public nuisance. 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.
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
Subject Property, the detached garage, or both, the removal of the foundation, and backfilling to
prevent any dangerous exposed 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 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 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
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232826v1
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.
CAMPBELL KNUTSON
Professional Association
Dated: ______________ 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 Elk River
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