City – CITY OF ANOKA,

MINNESOTA

RESOLUTION

RES-2017-077

A RESOLUTION DECLARING THE PROPERTY LOCATED AT 319 MONROE STREET, ANOKA, MINNESOTA 55303 AND PROPERTY ID NUMBER OF 07-31-24-22-0024 AS A HAZARDOUS PROPERTY AND ORDERING THE ABATEMENT OF THE HAZARDOUS PROPERTY

WHEREAS, the property located at 319 Monroe Street, Anoka Minnesota is in the jurisdictional boundary of the City of Anoka; and

WHEREAS, the property is legally described as follows:

Lot 12 Auditors Subdivision No 68, Anoka County, Minnesota.

WHEREAS, it has been determined by City Council, as specified in City Code Chapter 48, Art. I, Section 48-15(a), that when any building or portion thereof is damaged, decayed, dilapidated, unsanitary, unsafe, or which lacks provision for basic illumination, ventilation, or sanitation facilities, to the extent that the conditions pose a hazard to the health, safely, or welfare of the occupants or to the public, the dwelling may be declared unfit for human habitation and the building shall be ordered vacated and a placard posted on the property indicating that it is unfit for human habitation.

WHEREAS, pursuant to Anoka City Code Chapter 48, Art. I, Section 48-15(b), it shall be unlawful for a building deemed unfit for human habitation to be occupied for human habitation until the defective conditions have been corrected and written approval has been issued by the City.

WHEREAS, City of Anoka staff conducted an inspection of the property located at 319 Monroe Street on May 31, 2017, where staff observed and documented conditions in violation of Anoka City Code believed to constitute an immediate threat to the health, safety and welfare of the occupants.

WHEREAS, City of Anoka staff declared said property unfit for human habitation on May 31, 2017, in accordance with City Code Chapter 48, Art. I, Section 48-15(a).

WHEREAS, pursuant to Anoka City Code Chapter 48, Art. I, Section 48-18, appropriate City staff may issue a Compliance Order for any ordinance violations.

WHEREAS, the registered property owner legally responsible for said property was issued a Compliance Order on June 13, 2017, ordering the correction of conditions found to be in violation of Anoka City Code, as observed by staff on May 31, 2017, with a compliance deadline of July 13, 2017.

WHEREAS, the registered property owner legally responsible for said property failed to comply with the Compliance Order issued on June 13, 2017.

WHEREAS, pursuant to City Code Chapter 48, Art. I, Section 48-17, In the event that a . . . building has been declared unfit for human habitation and the owner has not remedied the defects with a prescribed reasonable time, the dwelling may be declared a hazardous building and may be removed, razed, or corrected pursuant to the provisions of Minnesota Statues.

WHEREAS, the property meets the definition of a hazardous property as defined by Minnesota Statute 463.15 Subdivision 3, as follows:

M. S. 463.15 DEFINITIONS

Subd. 3.Hazardous building or hazardous property.

Hazardous building or hazardous property means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health.

WHEREAS, Minnesota Statute 463.16 grants the governing body of any municipality the authority to order the owner of a hazardous property to correct or remove the hazardous condition of the property, which reads as follows:

M. S. 463.16 REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION.

The governing body of any municipality may order the owner of any hazardous building or property within the municipality to correct or remove the hazardous condition of the building or property or to raze or remove the building.

WHEREAS, pursuant to City Code Chapter 48, Art. I, Section 48-23, Upon failure to comply with a Compliance Order within the time set therein, and no appeal having been taken, . . . the City Council may by resolution cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, for any of the reasons set forth in Minnesota Statutes, and specifically for the removal and elimination of public health or safety hazards from private property, but the assessment shall be payable in a single installment. It is the intent of this section to authorize the City to utilize Minnesota Statutes to promote the publics health, safety, and general welfare.

WHEREAS, Minnesota Statute 463.161 grants the governing body of any municipality the authority to abate any hazardous condition of any hazardous property, which reads as follows:

M. S. 463.161 ABATEMENT.

In the manner prescribed in section 463.21 the governing body of any municipality may correct or remove the hazardous condition of any hazardous building or property; the cost of which shall be charged against the real estate as provided in section 463.21 except the governing body may provide that the cost so assessed may be paid in not to exceed five equal annual installments with interest therein, at eight percent per annum.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anoka that the property located at 319 Monroe Street, Anoka, Minnesota 55303, with the Property ID number of 07-31-24-22-0024 and leally described as Lot 12 Auditors Subdivision No 68, Anoka County, Minnesota, be declared a hazardous property; and

BE IT FURTHER RESOLVED by the City Council of the City of Anoka that said City Council hereby orders that the hazardous property be abated by correction of the hazardous conditions to comply with Anoka City Code within 30 days; and

BE IT FURTHER RESOLVED by the City Council of the City of Anoka that regardless of the time frames for compliance, the property owner has twenty (20) days from the date of service of the order of abatement to contest the order of abatement in accordance with Minnesota Statute 463.18, as follows:

M.S. 463.18 ANSWER

Within 20 days from the date of service, any person upon whom the order is served may serve an answer in the manner provided for the service of an answer in a civil action, specifically denying such facts in the order as are in dispute.

If an answer is served within the twenty (20) day period, the contested case will proceed in accordance with Minnesota Statute 463.20, as follows:

M.S. 463.20 CONTESTED CASES

If an answer is filed and served as provided in section 463.18, further proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts, except that the action has priority over all pending civil actions and shall be tried forthwith. If the order is sustained following the trial, the court shall enter judgment and shall fix a time after which the building must be destroyed or repaired or the hazardous condition removed or corrected, as the case may be, in compliance with the order as originally filed or modified by the court. If the order is not sustained, it shall be annulled and set aside. The court administrator of the court shall cause a copy of the judgment to be mailed forthwith to the persons upon whom the original order was served.

BE IT FURTHER RESOLVED by the City Council of the City of Anoka that if the property owner does not comply with this abatement order, the City will seek summary enforcement of the abatement order and authorizes the City Manager to undertake all actions necessary to enforce and execute the abatement order. Any and all costs incurred by the City to enforce and execute the abatement order will be assessed to the property by special assessment.

Adopted by the Anoka City Council this the 7th day of August 2017.

ATTEST: Amy T. Oehlers,

City Clerk

/s/ Phil Rice,

Mayor

Published in the

Anoka County UnionHerald

September 8, 15, 22, 29, 2017

731375

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