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2008-44 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DA TE: AU2Ust 11. 2008 RESOLUTION NO: 2008-44 MOTION BY: Tiornhom SECONDED BY: McDonald 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 ofthe 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 11th day of August, 2008, by the City Council of the City of Chanhassen, Minnesota. YES ~ Furlong Ernst Li tsey McDonald Tjornhom None None 140032 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE: Other Civil 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: LA WRENCE DEAN VELTKAMP, 6724 Lotus Trail, Chanhassen, MN 55317. PLEASE BE ADVISED that pursuant to order of the Chanhassen City Council and by authority of Minn. Stat. S 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 Jerritt 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. Dated: ,2008. CAMPBELL KNUTSON Professional Association 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 MoIm, 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 MoIm, Chanhassen Building Inspector Doug Hoese, Chanhassen PlumbingllN AC Inspector Jeff Keogh; accompanying the above persons were Carver County Deputies Peter Anderly and James Gamlin. The property (6724 Lotus trail) is undergoing re-construction due to severe fire damage (the building permit to re- 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. Personal electronics (radios, audio gear, televisions, computers) set-up and functioning in three areas ofthe 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 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 wit~ihe. ,state and city building codes.