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Home My Public Portal About1991-40Member adoption: introduced the following resolution and moved its CITY OF MEDINA RESOLUTION NO. RESOLUTION ORDERING THE ABATEMENT OF A HAZARDOUS BUILDING AT 3205 TRUNK HIGHWAY 55 IN THE CITY OF MEDINA WHEREAS, the building official of the City of Medina has inspected the property located at 3205 T.H. 55; and WHEREAS, as a result of his inspection, the building official has found that the property contains open garage and house basements and a well and septic system which have not been properly abandoned; and WHEREAS, the building official believes that the conditions in existence on the site constitute a hazard. NOW, THEREFORE, BE IT RESOLVED by the City of Medina as follows: 1. The City of Medina finds that the open basements and the well and septic system located at 3205 Trunk Highway 55 in the City of Medina, which property is legally described on Exhibit A attached hereto, constitutes a hazardous building within the meaning of Minnesota Statutes Section 463.15, Subd. 3. 2. An Abatement Order substantially similar to that attached hereto as Exhibit B shall be served upon all required parties in order to effectuate this resolution. 3. The city attorney is authorized to take all necessary legal steps to obtain the removal of the described hazardous building, either by consent of the owners or through enforcement by court order. DATED: , 1991. G IkAcromite, Mayor\ ATTEST: i �,�� 1 r -?_ 7 i ,_..0-c.- -kci Donna Roehl, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member f 1 e and upon vote being taken thereon, the following voted in favor thereof: %{crote 741, e and the following voted against same: Afr4e//� e-Hczt) Whereupon said resolution was declared duly passed and adopted. ME230-109 2 EXHIBIT A LEGAL DESCRIPTION Legal description of the property located at 3205 T.H. 55 in the City of Medina: That part of Government Lot 1, Section 5, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the intersection of the center line of Trunk Highway 55 and the East line of said Section 5; thence South along the said East line a distance of 335 feet more or less to the shore of Lake Peter; thence West along the shore of said lake to the intersection with a line that is 120 feet West and measured at right angles from the said East line; thence North and parallel with the said East line a distance of 418 feet more or less to the center line of said highway 55; thence Easterly along said centerline a distance of 132.8 feet to the point of beginning. Together with: The west 100 feet of Lot 1, Block 1, Burgess Lake Shore Estates, according to the plat thereof of record in Hennepin County, Minnesota. EXHIBIT B OTHER CIVIL STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT In the Matter of the Hazardous Building located at 3205 Trunk Highway 55 in Medina, Minnesota 55340 ORDER FOR ABATEMENT OF A HAZARDOUS BUILDING TO: MR. JOHN ROSHOLT, 800 WASHINGTON AVENUE NORTH, MINNEAPOLIS, MINNESOTA 55401, AND MR. PAUL D. JAUNICH, 500 MERRIMAN DRIVE, DELANO, MINNESOTA 55328. The City Council of the City of Medina orders within fifteen (15) days of service of this Order upon you, that you abate the hazardous conditions which exist on property belonging to you located at 3205 Trunk Highway 55 in the City of Medina, which property is legally described on Exhibit A attached hereto. The City of Medina, pursuant to Minnesota Statutes Section 463.15 to 463.261, and based on the authorization of resolution no. , a copy of which is attached hereto as Exhibit B and incorporated by reference herein, finds that the open garage and house basements and the well and septic systems situated on the above -referenced address constitutes a hazardous building within the meaning of Minnesota Statutes Section 463.15, Subd. 3, and a public nuisance within the meaning of Minnesota Statutes Section 562.01 for the following reasons: 1. The property contains basements for a garage and a house, both of which are open, unprotected and have fallen into disrepair. All footings and foundations must be removed from the site and disposed of properly in a landfill. The excavations must be filled with a clean and sanitary material and the site must be graded properly. 2. The well on the property has not been abandoned in accordance with the standards of the Minnesota department of health and thus constitutes a potential source of pollution for all others drawing water from the same aauifer. 3. The existing septic tank must be pumped, collapsed and filled to protect the public health. All work necessary to remedy the above hazards must be accomplished pursuant to appropriate state or city codes and in conformance with the report of the Medina building official dated June 19, 1991, which report is attached hereto as Exhibit C. As a result of the foregoing, and pursuant to the above - referenced statutes and ordinances, it is hereby ORDERED that you abate the above hazardous conditions within fifteen (15) days of the date of service of this ORDER. You are further advised that unless such corrective action is taken or an Answer is served on the City of Medina and filed with the Hennepin County District Court Administrator within fifteen (15) days of the date of service of this Order upon you, a Motion for Summary Judgment of this Order will be made to the Hennepin County District Court. You are further advised that if the City of Medina is compelled to take any corrective action herein, all necessary costs incurred in the corrective action will be assessed against the property pursuant to Minnesota Statutes Section 463.21. In connection thereto, the City intends to recover all other expenses incurred in carrying out this Order, including specifically but not exclusively, filing fees, service fees, 2 publication fees, attorneys fees, appraisers fees, witness fees, including expert witness fees and traveling expenses incurred by the City from the time this Order was originally made pursuant to Minnesota Statutes Section 463.22. Dated: 3 HOLMES & GRAVEN, CHARTERED By Ronald H. Batty #5356 Attorney for the City of Medina 470 Pillsbury Center Minneapolis, MN 55402 (612)337-9300 ME230-109 CITY OF EXHIBIT C Elli) 11 NA imm■■irM 2052 - County Road 24, Hamel, MN. 55340 June 19, 1991 To whom it may concern: The property located at 3205 Highway #55 has been inspected several times to identify it as a hazardous structure. It was again inspected the week of June 17, 1991. The well has not been used and without electricty cannot be used. This well must be abandoned to State health department standards and specifications to protect the health and welfare of any other person using water fromthe same aguifer. The structure is an open basement garage and the basement of the house, which was once snow fenced, but has now fallen into disrepair. It has been de- termined by the undersigned that this is a dangerous structure which is also an attractive nuisance for children and the general public. This abandoned basement must be completely removed to a proper landfill. The existing septic tank must be pumped, collapsed and filled to protect thepublic if in the future this tank should ever be driven or walked on. These hazards must be removed immediately. Loren Kohnen Planning and Zoning Administrator - Building Inspector City of Medina ADMINISTRATION • PLANNING AND DEVELOPMENT • PUBLIC WORKS: 473-4643 / PUBLIC SAFETY: 473-9209