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1d. Abatement of Hazardous Building CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,227,1100 Fax: 952,227,1110 Building Inspections Phone: 952,227.1180 Fax: 952,227,1190 Engineering Phone: 952,227,1160 Fax: 952,227,1170 Finance Phone: 952,227,1140 Fax: 952,227,1110 Park & Recreation Phone: 952,227,1120 Fax: 952,227,1110 Recreation Center 2310 Coulter Boulevard Phone: 952,227,1400 Fax: 952,227,1404 Planning & Natural Resources Phone: 952,227,1130 Fax: 952,227,1110 Public Works 1591 Park Road Phone: 952,227,1300 Fax: 952,227.1310 Senior Center Phone: 952,227,1125 Fax: 952,227.1110 Web Site www.ci.chanhassen.mn.us l.d _J MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson AICP, Community Development Director DATE: August 11, 2008 SUBJ: o~ Resolution Ordering Abatement of Hazardous Building 6724 Lotus Trail PROPOSED MOTION: "The Chanhassen City Council adopts the attached resolution ordering abatement of hazardous building located at 6724 Lotus Trail." Approval of this item requires a simple majority vote. BACKGROUND The history of this site is outlined as follows: . A fire occurred to the home on the subject site on February 23,2006 with extensive damage to the second and third floors. . The home was determined uninhabitable and considered dangerous and was posted as such on February 27, 2006. . March 7, 2006 - A letter was sent to the property owner outlining the process the owner needs to follow to demolish and reconstruct the house. . June 5, 2006 - A letter was sent to the property owner to further clarify the approval process for reconstruction of the home. . June 6, 2006 - A building permit was issued for the subject property. . June 8, 2007 - A letter was sent to the property owner seeking proof of progress on work issued under the permit. The City performed an inspection and it appeared some progress had been made. . April 22, 2008 - An inspection was performed as to the status on the reconstruction and numerous deficiencies were noted. . Due to the occupancy by the homeowner and others, and the dangerous condition of the building, an administrative search warrant was obtained and executed on May 21, 2008. Numerous building, plumbing, electric and HV AC code violations were noted as well as evidence of occupancy even though the home was posted "No Occupancy." Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow Todd Gerhardt August 11, 2008 Page 2 ANALYSIS To date, the home has been under construction for over two years. Neighbors have complained continuously during this time period regarding the lack of progress on the home, the condition of the exterior of the home and apparent occupancy by the owner and others. Over the last two years City inspectors have worked with the owner to try to gain compliance with the codes. The file on this site contains letters and inspection notes between the owner and the City which are too numerous to attach to this staff report. After consulting with the City Attorney, it was determined that, due to the ongoing dangerous condition of the home and the willingness of the owner to live there along with others in an unsafe and dangerous environment, the best course of action was to obtain an abatement order. If the City Council approves the abatement order, the owner has 20 days to correct the building code issues or remove all personal property from the premises until said corrections are made. If there is no corrective action in 20 days, the City Attorney's office will present the matter to the District Court to have the abatement order enforced. . ATTACHMENT 1. Resolution Ordering Abatement of Hazardous Building. 2. Order for Abatement of Hazardous Building. g:\plan\ka\violations\veltkamp\cc memo 8-11-08 resolution of abatement.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTY, MINNESOTA RESOLUTION Date Resolution No. Motion By Seconded By RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING WHEREAS, the Building Inspector for the City of Chanhassen has attempted without success to have the owner of certain property remedy the hazardous condition on property at 6724 Lotus Trail, Chanhassen, Minnesota; and WHEREAS, the City Council has determined that the building on the property constitutes a hazardous building within the meaning of Minn. Stat. S 463.15, subd. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota: 1. Pursuant to Minn. Stat. S 463.16, et seq., the City hereby adopts and approves the Order for Abatement of Hazardous Building, attached hereto as Exhibit "A". 2. The City of Chanhassen finds that the condition of the property located at 6724 Lotus Trail, Chanhassen, Minnesota, is a health and safety hazard and contains a hazardous building within the meaning of Minn. Stat. S 463.15, subd. 3. 3. The City's legal counsel, Campbell Knutson, P.A., 317 Eagandale Office Center, 1380 Corporate Center Curve, Eagan, Minnesota 55121, is directed to serve the Order for Abatement of Hazardous Building and to proceed with enforcement in accordance with Minn. Stat. S 463.15, et seq. ADOPTED this Chanhassen, Minnesota. day of , 2008, by the City Council of the City of Thomas A. Furlong, Mayor ATTEST: Todd Gerhardt, City Manager 140032 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: Other Ci viI Court File No.: In re the Matter of Hazardous Building at 6724 Lotus Trail, City of Chanhassen, County of Carver, State of Minnesota. ORDER FOR ABATEMENT OF HAZARDOUS BUILDING TO: LAWRENCE DEAN VEL TKAMP, 6724 Lotus Trail, Chanhassen, MN 55317. PLEASE BE ADVISED that pursuant to order of the Chanhassen City Council and by authority of Minn. Stat. ~ 463.15, et seq., you have twenty (20) days from the date of service of this Order upon you to correct the hazardous building at 6724 Lotus Trail, City of Chanhassen, County of Carver, State of Minnesota, and legally described as follows: LOTS 1170 THRU 1178 & ALSO INCL P/O LOT 1179 LYING NL Y OF A LINE RUNNING FROM NW Section: 01, Township: 116, Range: 023, Plat: 25160 CARVER BEACH. The subject property contains conditions which constitute health, safety, and fire hazards to the residents of the City of Chanhassen. Attached as Exhibit A is an Inspector's Report dated May 27, 2008, prepared by lemtt Mohn, Building Official for the City of Chanhassen, detailing the basis for this Order. The City Council ordered the hazardous building on the property to be abated on 140027 1 ORDER The existing building is in a hazardous condition due to inadequate maintenance, dilapidation, physical damage, and disrepair. The condition of the existing building must be corrected so that it meets applicable building codes and City ordinances. If the condition of the building is not corrected,. it must be removed from the subject property and all personal property, junk and debris, and fixtures must also be removed. Unless corrective action is taken within twenty (20) days, the City will move the District Court for summary enforcement of this Order pursuant to Minn. Stat. S 463.19, unless an answer is filed within twenty (20) days of service of this Order upon you. Upon enforcement of the Order by the City, the cost of enforcement will be charged against the property pursuant to Minn. Stat. S 463.21. ,2008. CAMPBELL KNUTSON Professional Association Dated: By: Soren M. Mattick, #27785X Chanhassen City Attorneys 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 ACKNOWLEDGMENT The City of Chanhassen, by and through its undersigned attorney, acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to Minn. Stat. S 549.211. Dated: ,2008. Soren M. Mattick, #27785X 140027 2 May 27, 2008 TO: Samuel Edmunds Campbell Knutson Professional Association From: Jerritt Mohn, Building Official, City of Chanhassen Findings of administrative search warrant On May 21; 2008, at approximately 9:50 A.M., an administrative search warrant was executed at 6724 Lotus Trail, Chanhassen Minnesota. The persons executing the warrant were Chanhassen Building Official Jerritt Mohn, Chanhassen Building Inspector Doug Hoese, Chanhassen Plumbing/HV AC Inspector Jeff Keogh; accompanying the above persons were Carver County Deputies Peter Anderly and James Gamlin. The property (6724 LotUs tra~l) is \.!l1dergoing re-construction due to severe fire damage (the building permit to re- o 0 construct was issued June 6, 2006). The building has been posted as "Do Not Occupy" and the owner has been repeatedly advised the building could not be occupied until re-construction had been completed, all systems (electrical, plumbing, HV AC) granted final approval, the building given fmal approval and a "certificate of occupancy" issued, as required by state building code and city ordinance. The purpose of the search was to determine possible violations of Chanhassen City Code and safety hazards. All members of the group found numerous indications the building is being used for habitation: Three apparent sleeping areas containing beds (or sofa) and bedding. Personal clothing found in closets, on racks and strewn on the floors of sleeping areas. Food storage. Indications offood preparation (dirty pots, pans and utensils). Dirty dishes. in kitchen sink and on counters. Laundry in clothes washing machine. Persorial electronics (radios, audio gear, televisions, computers) set-up and functioning in three areas of the building With accompanying sofa, chairs, etc. A functioning hot-tub. Deputies found one person sleeping, in his underwear, in a bed, when the warrant was initially executed. It would appear there are three people occupying the building. The building has no approved electrical, plumbing or heating system. There were a multitude of electrical wires protruding out of wall boxes and ceilings, at least some were electrically connected as many of them were being used for light, electronics, appliances, etc. In one instance there was bare electrical Wiring, connected to a functioning light bulb, in the ceiling of a shower. There were several incorrect plumbing waste and vent connections. As a "building under construction" there are numerous hazards, not allowed, in a habitable building - improper stairways; guardrails incorrect, damaged or non-existant; handrails incorrect/non-complying; random openings/no interior o finish at-ceilings, walls and floors; no functioning smoke or carbon monoxide detectors. The exterior ofthe building is incomplete (i.e. not fully weather resistant), the property is strewn With old/used construction material, random small retaining walls, fire pits, platforms and other miscellaneous items of unknown use or function, This building does not meet the minimum habitation requirements, does not have a "certificate of occupancy" and should not be occupied due to the numerous health and safety issues found, as well as being incomplete and not in compliance wi*Jh~.state and city building codes.