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HomeMy WebLinkAbout[08b] Abandoned Property - 16 Elm St E Council Agenda Item 8b MEETING DATE: November 20, 2017 AGENDA ITEM: Abandoned Property – 16 Elm St E SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The Public Works Director noticed the property at 16 Elm St E had a door that was open and broken windows. The property owner is deceased and taxes on the property have not been paid since 2011, making it eligible late next year for foreclosure. The City Attorney has provided the framework declaring the property a hazard, allowing the City to secure the property by noticing the property owner and giving them six days to comply. In this case, the property owner is deceased. The notice will be placed on the door and mailed to the address listed on the Stearns County tax records. The City will certify the costs for the securing of the property against the property as a lien. Staff is also looking into the process to have the building razed, it truly is unsafe. BUDGET IMPACT: Cost of boarding which will be recouped ATTACHMENTS: Resolution 2017-062 Ordering the securing of a building Site Narrative Site Pictures REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2017-062 Ordering the Securing of the building located at 16 Elm St E. RESOLUTION NO. 2017-062 A RESOLUTION ORDERING THE SECURING OF A VACANT BUILDING WHEREAS, the City Council of St. Joseph, Minnesota finds that the buildings located at 16 Elm Street East, St Joseph, MN 56374, is vacant and hazardous because it is open to trespass and has not been secured based on the following circumstances: 1. The doors to the buildings are open, which allows and/or encourages trespassing; 2. There are holes in the buildings’ roofs; 3. The buildings’ windows are damaged and unsecured; 4. Several of the buildings’ windows are broken and/or open; and, 5. The interior of one of the buildings is filthy, potentially indicative of ongoing trespass. WHEREAS, the conditions listed above are more fully documented in the written observations of Police Officer Dan Magaard, prepared on November 17, 2017, and in the photographs taken by Police Officer Dan Magaard on November 17, 2017, copies of which are attached to this resolution as Exhibit A. WHEREAS, pursuant to Minn. Stat. § 463.251, the City Council of St. Joseph, Minnesota finds that the building could be made safe by securing the building. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSPEH, MINNESOTA AS FOLLOWS: That pursuant to the foregoing findings and in accordance with Minn. Stat. § 463.251, the council orders the owner of the property located at 16 Elm Street East, St. Joseph, MN 56374 be properly secured by taking the following actions: 1. Installing locks on the doors and/or windows of the buildings, as necessary; 2. Boarding up the windows and doors of the buildings, as necessary; 3. Posting “no-trespassing” signs, as necessary; 4. Installing fencing around the buildings and/or property, as necessary. That the owner, the owner’s agent, or the holder of the sheriff’s certificate of sale has six (6) days after the order is served to do one of the following: 1. Comply with this order. 2. Provide the council with a reasonable plan and schedule to comply with the order. 3. Request a hearing before the council challenging the council’s determination that the property is vacant or unoccupied and hazardous. That if the owner, the owner’s agent, or the holder of the sheriff’s certificate fails to comply with options outlined in section 2 of this order, the council will take action to secure the building. That all work must be completed in compliance with all applicable codes and regulations, pursuant to proper permits from the city. That the holder of any sheriff’s certificate has a duty under Minn. Stat. § 582.031, subd. 1(b) to enter the premises to protect it from waste and trespass if the order is not challenged or set aside and there is prima facie evidence of abandonment of the property as described in Minn. Stat. § 582.032, subd. 7. 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. §§ 463.251, 463.21, and 463.151. That the city attorney is authorized to serve this order upon the owner of the premises at 16 Elm Street East, St. Joseph, MN 56374, the holder of the sheriff’s certificate of sale, and all lien holders of record. th Adopted this 20 day of November, 2017. Rick Schultz, Mayor ATTEST Judy Weyrens, Administrator ST. JOSEPH POLICE DEPARTMENT Follow-Up Report ICR NUMBER: 17802764 OFFENSE/INCIDENT: tnformation LOCATION OF OCCURRENCE: 16 Elm Street East REPORTING OFFICER: Magaard, Daniel 7708 DATE OF REPORT: 11/17/2017 At the request of Chief Klein, went to 16 Elm street East to document and photograph evidence of damage to an abandoned house and trespassing. Several photographs were taken of the interior and exterior of the residence along with a detached garage. In the photographs you can see obvious signs of unlawful entry and damage to the interior of the residence. The house had several broken windows and the exterior door was broken preventing it from being secured. Also, a door leading from the porch into the main portion of the house was broken off and laying on the floor. Cabinets are broken with cabinet doors also laying on the floor. Viewing the interior of the garage, it also has signs of unlawful entry with damage. The door on the garage is also broken along with a window. The roof of the garage is in need of repair with several holes. Both buildings, the house and garage, in their current state are an invitation for future trespassing and potential damage. In my opinion both building pose a hazard and need to be addressed. Photographs will be attached and made part of this report. , OFFICER SIGNATURE: DATE: « �1 ��7