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232826v1 <br />2. City Code § 46-34 declares solid waste or junk accumulation so as to be dangerous or <br />injurious to be a public nuisance. The entire interior of the Subject Property is in extremely <br />poor repair. The Subject Property is littered with trash and animal feces throughout. The <br />Subject Property is cluttered with debris, furniture, and other items throughout. The <br />Subject Property shows signs of ongoing rodent infestation. There is visible water damage <br />inside the Subject Property and visible water damage to the exterior of the Subject <br />Property. <br />Pursuant to the foregoing, in accordance with Minn. Stat. § 463.17, unless the hazardous <br />conditions listed above are removed within thirty (30) days of the date of this Order, the City <br />shall cause the hazardous conditions on the Subject Property to be removed. The removal of the <br />above-reference hazardous conditions may include, if reasonably necessary, the demolition of the <br />Subject Property, the detached garage, or both, the removal of the foundation, and backfilling to <br />prevent any dangerous exposed excavation. <br />If you fail to remedy the hazardous conditions, the City will seek permission from the <br />District Court for the City to do so. The City will move the District Court for summary enforcement <br />of this Order pursuant to Minn. Stat. § 463.19 unless you remedy the situation within said thirty <br />(30) day period or unless an answer is filed within twenty (20) days of service of this Order upon <br />you pursuant to Minn. Stat. § 463.18. Any answer filed must specifically deny sufficient facts <br />presented in this Order to raise a material question as to the presence or absence of hazardous <br />conditions. Upon enforcement of the Order by the City, all costs expended by the City will be <br />assessed against the real property and collected as other taxes as provided in Minn. Stat. § 463.21. <br />If you fail to remedy the hazardous conditions, you must remove all personal property or <br />fixtures within thirty (30) days of service of this Order upon you pursuant to Minn. Stat. § 463.24. <br />If the personal property or fixtures are not removed within that by time, then the City may sell the <br />personal property or fixtures at public auction as provided in Minn. Stat. § 463.21 or the City may <br />destroy the same. <br />Moreover, you are advised that if the City of Elk River is compelled to take any action to <br />Page 69 of 155