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HomeMy WebLinkAboutResolution - 2018-100 - Remove Hazardous Conditions at 9723 Dorset Lane - 09/04/2018 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018-100 A RESOLUTION ORDERING THE REMOVAL OF HAZARDOUS CONDITIONS LOCATED AT 9723 DORSET LANE, EDEN PRAIRIE,MINNESOTA Pursuant to Minn. Stat. §§ 463.15 and 463.261, the City Council of Eden Prairie finds the residence located at 9723 Dorset Lane,Eden Prairie,Minnesota(the"Residence")to be a hazardous property for the following reasons: 1. Sharon Marie Francis is the record owner and occupant of the Residence. 2. The Residence contains an excessive amount of combustible items, including cardboard boxes, paper grocery bags, miscellaneous household items, and other combustible material covering the floor and stacked several feet high in areas. 3. The Residence is a two-story townhome unit that shares a common wall with another unit. 4. The excess items prevent the rooms of the Residence from functioning as they are designed. 5. The excess items will pose a navigation hazard should emergency responders be called to the Residence. 6. The condition of the Residence constitutes a fire hazard to the Residence and to the adjoining unit. 7. The Residence was inspected multiple times between March 13, 2017 and August 1, 2018. 8. Sharon Francis has failed to comply with orders to clean up the Residence. 9. The conditions in the Residence and the Fire Department's attempts to secure voluntary removal of the excess items are more fully documented in the Affidavit of Fire Inspector Anthony Svoboda dated August 28, 2018, a copy of which is attached to this resolution as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA,AS FOLLOWS: 1. That pursuant to the foregoing findings and in accordance with Minn. Stat. §§ 463.15 and 463.261,the council orders Sharon Marie Francis to make the following corrections on the property at 9723 Dorset Lane, Eden Prairie, Minnesota: a. Removal of all combustible items and other items in the Residence that pose a fire hazard, to the satisfaction of the Eden Prairie Fire Inspector. 2. That the corrections listed above must be completed within thirty (30)days after the order is served upon the property owner. 3. That a motion for summary enforcement of the order will be made to the District Court of Hennepin County in which the hazardous building or property is situated unless corrective action is taken, or unless an answer is filed within the time specified in Minn. Stat. § 463.18, which is 20 days. 4. That if the city must take actions to enforce this order, all enforcement costs will be specially assessed against the property and collected in accordance with Minn. Stat. §§ 463.22, 463.21, and 463.161. 5. That the city attorney is authorized to serve this order upon Sharon Marie Francis and all lien-holders of record. 6. That the city attorney is authorized to proceed with the enforcement of this order as provided in Minn. Stat. §§ 463.15 and 463.261. ADOPTED by the City Council of the City of Eden Prairie on September 4, 2018. N cy ra- yor ATTEST: &k&A) ��_ K thleen Porta, City Clerk EXHIBIT A AFFIDAVIT OF ANTHONY SVOBODA STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Anthony Svoboda,being first duly sworn under oath,hereby states as follows: 1. I am the Fire Inspector for the City of Eden Prairie and I make this Affidavit based upon my own information and knowledge. 2. In December 2016, I received a report from the Eden Prairie Police Department regarding the condition of a townhome residence located at 9723 Dorset Lane, Eden Prairie, MN 55347 (the"Residence"). 3. The record owner of the Residence is Sharon Marie Francis. 4. The Police Department informed me that,on December 13,2016,officers were dispatched to the Residence on the report of a medical emergency. While officers were in the Residence, they observed cardboard boxes, paper grocery bags and miscellaneous household items covering the floor. The boxes and miscellaneous household items were stacked several feet high in areas and covered much of the floor creating a navigation hazard. 5. Pursuant to an administrative search warrant, I inspected the residence on March 13,2017 and determined that the excess items in the Residence constituted a violation of the Minnesota State Fire Code("Fire Code"). 6. After the March 13, 2017 inspection, I issued a written order to Ms. Francis to begin removal of the excess items so that each room could function as designed. 7. Between April 2017 and November 2017, I inspected the Residence multiple times and sent Ms. Francis several letters in an attempt to secure her voluntary cooperation with the order to remove the excess items. 8. Despite initial cooperation, Ms. Francis has failed to remove the excess items from the Residence such that the conditions in the Residence no longer constitute a fire hazard. 9. I inspected the Residence most recently on August 1, 2018, and observed that the excess items had not been removed and that the condition of the Residence still violates the Fire Code. 1 10. True and correct copies of all of my written orders and correspondence to Ms. Francis are attached hereto as Exhibit 1. 11. Ms. Francis has repeatedly refused to comply with orders to remove excess items from the Residence. 12. In my professional opinion, the excess items in the Residence constitute a hazardous condition such that the Residence is a hazard to public safety. 13. In its current state,the Residence is a hazardous property. FURTHER AFFIANT SAYETH NOT. Dated: Q-,18-,20l 9 Anthony S oda bed and orn to b fore me this day of ,2018. IVIIIJAJ la'a' d/f r otary Pu c 10WENDY W SCHMITZ .115-12 NOTARY PUBLIC-MINNESOTA My Commission Expires January 31,2020 2