Res 2020-34 Hackman
RESOLUTION NO. 2020-34
RESOLUTION ORDERING THE REMOVAL OR REPAIR OF A PUBLIC
NUISANCE/HAZARDOUS BUILDING PURSUANT TO MINNESOTA
STATUTES SECTION 463, LOCATED WITHIN THE CITY OF FRIDLEY,
MINNESOTA
BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows:
In the matter of the hazardous building located at 5821Hackmann Avenue:
Legally Described as: Lot 7 Block 3, Parkview Manor, City of Fridley, subject to 5 FT Utility
Easement of Record.
TO: Theresa and Nathan Westbrook, and any tenants, occupants, or other persons claiming an
interest in the above described premises
1. Pursuant to Minnesota Statutes, Section 463.15 to 463.61 the City Council of the City of
Fridley, having duly considered the matter, finds the above described building to be a
hazardous building for the following reasons: the Chief Building Official of the City of
Fridley Section 1300.0180.2000 MN State Building Code, states in part, “any structure
that constitutes a hazard to safety, health, or public welfare by reason of disaster or
damage, shall be considered unsafe. All unsafe Building Retaining Wall shall be
declared a public nuisance and shall be abated by repair or demolition, as referenced in
the MN. State Statutes Sections 463.15 to 463.26.
The above-mentioned property was posted as a hazard in accordance with MN Statute
463.17.
2. The Council further orders that unless such corrective action is taken or an answer is
served upon the City of Fridley and filed in the office of the clerk of District Court of
Anoka County, Minnesota within 20 days from the date of the service of this order, a
motion for summary enforcement of this Court will be made to the District Court of
Anoka County. Enforcement of this order shall include, in the City’s discretion, the
option of Removing and rebuilding retaining structures. The Council orders that all
personal property or fixtures that may unreasonably interfere with the razing and removal
of the retaining walls shall be removed within 20 days, and if not so removed by the
owner, and the City then determines to raze the structure, the City of Fridley may remove
and sell such personal property or fixtures at public auction in accordance with law.
3. The Council further orders that if the City is compelled to take any corrective action
herein, all necessary costs expended by the City will be assessed against the real estate
concerned and collected in accordance with Minnesota Statutes, Section 463.22.
Resolution No. 2020 – 34 Page 2
4. The mayor, clerk, city attorney and other officers and employees of the City are
authorized and directed to take such action, prepare, sign, and serve such papers as are
necessary to comply with this order and to assess the costs thereof against the real estate
described above for collection along with taxes.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
ND
22 DAY OF JUNE, 2020.
____________________________________
SCOTT J. LUND - MAYOR
ATTEST:
___________________________________
DANIEL J. TIENTER – CITY CLERK