HomeMy WebLinkAboutResolution - 2014-54 - Ordering Demolition and Removal of 11201 Burr Ridge Lane - 06/02/2014 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2014-54
RESOLUTION ORDERING THE DEMOLITION AND REMOVAL OF THE
PREMISES LOCATED AT 11201 BURR RIDGE LANE, EDEN PRAIRIE, MINNESOTA
WHEREAS, pursuant to Minn. Statutes Chapter 463 (Hazardous or Substandard
Buildings) and City Code Section 9.11, Subd. 12, the Chief Building Official for the City
Council of Eden Prairie issued an Order Declaring Emergency (hereinafter the "Order") on June
1, 2014 for the demolition and removal of the residence located at 11201 Burr Ridge Lane, Eden
Prairie, Minnesota(the "Property")to be a hazardous building for the following reasons:
1. Severe erosion and slope failure has exposed the foundation of the residence
located at 11201 Burr Ridge Lane, Eden Prairie, Minnesota.
2. On May 20, 2014 the City entered into a contract with Northwest Asphalt, Inc. to
stabilize and repair the soil at 11201 Burr Ridge Lane.
3. The Owners of the property permitted the City and its contractor to enter onto the
property so that the soils could be stabilized.
4. The erosion has continued and the erosion poses an imminent present risk of
failure and collapse of the residence.
5. On June 1, 2014 the Chief Building Official posted the residence as uninhabitable
due to the imminent risk of failure and collapse.
6. The Chief Building Official determined that the condition of the property is an
emergency that requires speedy action to protect the health, safety, and welfare of
the community.
7. The Chief Building Official determined that the emergency posed by the
condition of the residence is present, immediate and existing.
8. The Chief Building Official also determined that in order to protect the health,
safety and welfare of the occupants and the public it is necessary to demolish and
remove the residence from the property immediately.
WHEREAS, the Order was issued under authority of Minn. Statutes Chapter 463
(Hazardous or Substandard Buildings) and Eden Prairie City Code Section 9.11, Subd. 12.
WHEREAS, the Order informed the Owner that:
(a) City Code requires that the Order inform the Owner that the Owner is required to
immediately demolish and remove the residence from the property;
(b) the City understands that it is not feasible for the Owner to undertake such emergency
actions in the time required by this emergency situation;
(c) as a result of the City being onsite with a contractor attempting to stabilize the soils,
the City is prepared to undertake the emergency action of demolition and removal of the
residence from the property;
(d) the City Code further requires that the Order notify the Owner that if the Owner does
not comply with this Order immediately and in no event later than 9:00 a.m. June 2"d, the
City may remedy the emergency by undertaking to demolish and remove the residence
from the property to protect the public health, welfare and safety;
(e) the City Code further requires that the Order notify the Owner that City Code allows
the City to assess the cost of the emergency action to the Owner; and
(f) the City has been performing stabilization efforts through its contractor without the
expectation of assessment against the Owner and it is not the intention of the City to
assess for the demolition and removal of the residence.
WHEREAS, the Order further stated that an emergency meeting of the Eden Prairie City
Council has been called for June 2, 2014 at 7:30 a.m., which time was subsequently changed to
6:15 a.m. and the Owner so notified.
WHEREAS the Order informed the Owner that the Owner may appeal the Order at the
City Council meeting.
WHEREAS, the Order was emailed to the Owner by the assistant City Engineer on June
1, 2014 who also telephoned and discussed the Order with the Owner. The Owner did not
object to the issuance of the Order.
NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF EDEN
PRAIRIE, MINNESOTA HEREBY FINDS AND ORDERS AS FOLLOWS:
1. The Whereas Recitals are incorporated herein and adopted as findings of the City
Council.
2. The Order of the Chief Building Official of the City of Eden Prairie is hereby
affirmed.
3. The City Council orders that if the Owner does not comply with the Order
immediately and in no event later than 9:00 a.m. June 2nd, the City shall remedy the
emergency by undertaking to demolish and remove the residence from the property to
protect the public health, welfare and safety, using such means and methods as
determined appropriate by the Director of Public Works.
4. The City Council further authorizes the expenditures of such funds in the demolition
and removal of the residence from the property as is deemed necessary by the City
Manager and the Director of Public Works to protect the health, safety and welfare of
the public.
5. The City Attorney is authorized to serve this Resolution upon the Owner of the
residence located at 11201 Burr Lane, Eden Prairie, Minnesota and all lien-holders
ofrecord.
ADOPTED by the City Council of the City of Eden Prairie this 2"d day of June, 2014.
4ncy r - e y r
ATTEST:
thleen Porta, City Clerk