HomeMy WebLinkAboutResolution - 2014-83 - Public Nuisance 19184 Kristie Lane - 09/02/2014 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2014-83
A RESOLUTION DECLARING PUBLIC NUISANCES AND ORDERING ABATEMENT
AT 19184 KRISTIE LANE, EDEN PRAIRIE, MN
WHEREAS, the property at 19184 Kristie Lane, Eden Prairie, MN has been vacant for over two
years; and
WHEREAS, the owner has informed the City that it has abandoned the property; and
WHEREAS, the mortgagee has been paying the taxes on the property and has hired a
management company to maintain the property; and
WHEREAS, the City has received complaints from residents for over a year regarding the
condition of the property; and
WHEREAS, the City issued the attached citation identifying multiple code violations on the
property. The City has also been in contact with the management company regarding the code
violations; and
WHEREAS, the code violations have not been remedied and the City has been forced to cut the
grass and weeds on the property several times; and
WHEREAS, in addition to the code violations, at the open podium prior to the City Council
meeting on August 19, 2014 the following property conditions were identified by residents:
• Water pipes have burst including one that poured over 300,000 gallons of water into the
basement from upper floors resulting in mold throughout the structure. The water usage can
be documented by Public Works.
• Electricity is on in the house, a concern due to the presence of water.
• Cleaning people entering the home have been observed wearing hazardous gear clothing,
evidencing the hazardous condition of the home.
• The floor has buckled.
• The ceiling on the first floor is collapsing.
• A broken exterior window has been covered with plywood.
• There are holes in exterior of the structure.
• The deck and railing have rotted.
• The exterior paint is not up to code.
• There is tall grass and weeds on the property.
• One resident indicated that he observed an animal entering the structure.
WHEREAS, a resident has executed an affidavit attached hereto, attesting to the conditions
identified above; and
WHEREAS,pursuant to Minn. Stat. § 412,221 and City Code Section 9.16, the City Council of
Eden Prairie has the authority to declare and order abatement of public nuisances and to abate the
nuisances if the City Council's order is not complied with; and
WHEREAS, the City Council finds that the code violations are unsightly, decrease adjoining
landowners' and occupants' enjoyment of their property, and adversely affect property values in
violation of City Code Section 9.16; and
WHEREAS, the City Council further finds that the code violations and property conditions
affect the public as a whole due to appearance, odors, access to the structure by animals, mold
and concerns about the stability of the structure; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDEN
PRAIRIE, MINNESOTA, AS FOLLOWS:
FINDINGS
1. The City Council finds that the following code violations and property conditions
constitute public nuisances:
• Burst water pipes resulting in mold
• Presence of electricity in conjunction with burst pipes
• Use of hazardous clothing to enter structure evidencing hazardous condition
• Buckling floor
• Collapsing ceiling
• Holes in structure
• Rotting deck and railing
• Failing exterior paint
• Grass and weeds
• Access to animals
2. The mortgagee has taken control of the property by its actions of paying the taxes and
hiring a management company.
ORDER
The City Council declares, determines and orders as follows:
1. The owner and or mortgagee shall abate the code violations and property conditions
by November 1, 2014.
2. The repairs shall be completed in compliance with all applicable codes and regulations
and done pursuant to proper permits from the city. Building permits required for
abatement of the code violations and property conditions shall be applied for by
September 13, 2014.
3. If the building permits are not applied for by September 23, 2014 and/or the code
violations and property conditions are not abated by November 1, 2014, the City
Attorney is authorized to file an action in District Court requesting that the Court enter
the following order:
a. The property owner or mortgagee abate the code violations and property
conditions;
b. If the code violations and property conditions are not abated the City may enter
upon the property and abate the code violations and property conditions;
c. The City may assess all costs related to the abatement against the property; and
d. Such other and further relief as the Court deems appropriate.
ADOPTED by the City Council on September 2, 2014.
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ATTEST:
Kat een Porta, City Clerk