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"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, 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: 5 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. WHEREAS, based upon the foregoing, the City is entitled to seek abatement of the aforementioned violations of the City Code by initiating abatement procedures allowed under Minnesota Statute Chapter 463; and WHEREAS, on November 15, 2021 the Subject Property owner requested additional time to remediate the nuisances and stay litigation and in exchange, asked the City to enter into a Consent Decree, a copy of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED that based on the findings, above, the Elk. River. City Council hereby declares the Subject Property located at 13690 186 h Avenue NW, Elk River, Minnesota 55330 a hazardous property and a public nuisance. BE IT FURTHER RESOLVED that notwithstanding the declaration of the Subject Property as constituting a hazardous property, the Elk River City Council hereby approves and accepts the Consent Decree and agrees to afford the Subject Property owner additional time to remediate the nuisances, as set forth in the Consent Decree, and authorizes the Mayor and City Administrator to sign the same on behalf of the City. BE IT FURTHER RESOLVED by the Elk River City Council that if the Subject Property owner fails to comply with the terms and conditions in the Consent Decree, the City Administrator and/or his designee is authorized to pursue other legal means to gain compliance by the Subject Property owner, including the initiation of abatement procedures pursuant to Minnesota Statute Chapter 463.