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MEMORANDUM <br />TO: ELK RIVER CITY COUNCIL <br />FROM: CAWBELL KNUTsoN, P.A. <br />CAMPBELL KNUTSON <br />PROFESSIONAL *ASSOCIATION <br />DATE: MARCH 18, 2024 <br />RE: HAzARDous BUILDING LOCATED AT 19176 KENT ST. NW, ELK RIVER, MN 55330 <br />Introduction. <br />This matter is now before the City Council to determine whether to declare that the Subject <br />Property contains hazardous conditions. The following documents have been submitted for <br />Council review: <br />1) A Proposed Resolution Ordering Repair and Removal of Hazardous Conditions <br />2) Exhibit A: A report detailing the ownership of the Subject Property <br />3) Exhibit B: Recent photographs of the hazardous conditions at the Subject Property. <br />4) Exhibit C: Various notice and compliance orders that City staff have sent to the Property <br />Owner <br />Summary of Violations at 19176 Kent St. NW. <br />The Subject Property consists of a single-family residential home. The structure has become <br />extremely dilapidated due to poor maintenance and neglect. It has developed significant damage <br />to the exterior components, including large holes in the roof and walls. This has compromised <br />the integrity of the structure, and the roof may be vulnerable to failure. To our knowledge, it is <br />not currently occupied. <br />Overview of Hazardous Building Declaration Process <br />Minnesota law permits the City Council to order the repair and abatement of hazardous <br />conditions that exist within its city limits. Hazardous conditions include health, safety, and fire <br />hazards that exist because of inadequate maintenance, dilapidation, physical damage, unsanitary <br />conditions, or abandonment. Minn. Stat. § 463.15, subd. 3. A condition is a hazard if it affects <br />public safety or health. <br />If the City Council determines that the Subject Property contains hazardous conditions, it may <br />pass the Resolution and sign the attached Order. Subsequently, the Order for Repair and <br />Removal of Hazardous Conditions will be served upon the owners and any lienholders of the <br />property. This is through personal service like a lawsuit. <br />The owner/occupant will then have thirty (30) days to remedy the hazardous conditions. If they <br />fail to comply within that time period, we will seek permission from District Court to allow the <br />City to abate the hazardous conditions. The City can seek Court approval to assess the costs of <br />the abatement against the property, payable either in a single lump sum or in not more than five <br />yearly installments at eight percent interest. <br />229841v2 <br />Page 114 of 229 <br />