Resolution No. 2024-168, Declaring Privately Owned Property at 5809 Arthur Street NE Hazardous and Ordering Razing of the Hazardous Building
Resolution No. 2024-168
Declaring Privately Owned Property at 5809 Arthur Street NE Hazardous and Ordering
Razing of the Hazardous Building
Whereas, pursuant to Minn. Stat. §§ 463.15 and 463.261, the City Council of Fridley
finds the building located at 5809 Arthur to be a hazardous building for the following reasons:
1. House fire in 2013 has left house in a vacant unattended condition
2. City has been forced to abate nuisances due to neglect of property since 2016
3. Homeless person taken up residence in garage
4. Secured building has been broken into numerous times since the home was abandoned
5. City has concerns over safety of individuals who may urban explore, as abandoned home
is on the edge of the Innsbruck Nature Center Trail and an individual’s entrance would be
hidden from the street.
6. Attempts to work with owner toward resolution in earlier years failed
7. Recent attempts to contact owner have been left unanswered.
Whereas, the conditions listed above are more fully documented in the inspection report with
photographs taken and prepared by prepared by Jordynn Poferl, Fridley Code Inspector August
19, 2024, copies of which are attached to this resolution as Exhibit A.
Citizen Serve Chronology of Records attached for review (see Exhibit A attached).
Now, Therefore be it resolved, by the City Council of the City of Fridley, Minnesota as follows:
1. That pursuant to the foregoing findings and in accordance with Minn. Stat. §§ 463.15 and
463.261, the council orders the record owners of the above hazardous building or their
representatives to make the following corrections on the property at 5809 Arthur Street
NE
a. Siding needs to be installed to cover all exposed underlayment material.
b. Roofing material needs to be adequate to keep the building weather tight
c. Windows need to be present, unbroken in all window openings
d. All board-up plywood is to be removed and properly stored
e. Lawn needs to be maintained
Passed and adopted by the City Council of the City of Fridley, this 25th day of November
2024.
______________________
Scott J. Lund - Mayor
Attest:
________________________________________
Melissa Moore - City Clerk
5809 Arthur St NE, Fridley MN 55432
Property Owner:
Toby Lien
Current Address: 16378 County Highway 39, Dalton MN 56324
Property History:
Cases since Fire in (approx.) 2015 – 29
2024: Code cases - 1
2024 All Abatements:
File 24-002499
o Case Opened 6/29/20204 for long grass and weeds at the property. As well as a
large brush pile on the driveway. Case still open (9/25/2024).
Complaint was received from the public.
o Reinspection for grass on 7/12/2024 – Grass was not mowed.
Property was added to the City mowing list and city contractors have
mowed the property every 2 weeks.
As of 9/6/2024 the property owner has been sent all the bills and has not
paid. The bills add up to $750.00
o Reinspection for brush pile 7/16/2024 – still present
o Reinspection for brush pile 7/25/204 – still present.
o Final inspection for brush 8/16/2024 – brush still present and garage open to
trespass.
o Abatement for brush and securing the garage doors – 8/19/2024
Cost of abatement after sta? fees $515.46
JP talked with the neighbor during the abatement. He stated that a
homeless person had been sleeping in the garage.
o Property owner has not reached out this year about any of the letters that have
been sent to his address in Dalton.
2022: Code Cases - 1
All 2022 Abatements:
o Case Opened 6/14/2022. Case Closed 8/19/2024.
o Violation: House had been broken into.
o Inspections: 6/14/2022 and 6/16/2022
1 Notice sent.
o Abatement to board up the house: 6/17/2022
Contractor Cost: $418.72
Cost after sta? time: $737.47
2021: Code Cases – 5
All 2021 Abatements:
o File 2021-000093
Opened 2/24/2021. Closed 2/24/2021
Violation: Break in
0 notices sent
Complainant – Citizen
Abatement – Board up: 2/24/2021
Contractor Cost: $667.67
Cost after sta? time: $1173.92
o File 2021-000184
Opened 3/12/2021. Closed 3/18/2021
Violations: Spray paint on house
0 notices sent
Complainant – Citizen
Inspection 3/12/2021
Abatement – removal/covering of spray paint: 3/19/2021
Contractor Cost: $691.29
Cost after sta? time: $972.54
o File 2021-000307
Opened 4/1/2021. Closed 4/2/2021
Violation: Break In
Complainant – Sta?
Inspection 4/2/2021
Abatement – Board Up. 4/2/2021
Contactor Cost: $871.01
Cost after sta? time: $1264.76
o File 2021-000893
Opened 6/14/2021. Closed 6/28/2023
Violation: No siding
Complainant: Sta?
Inspections: 6/14/2021. 9/6/2022. 6/28/2023.
Extension granted until 8/31/2022
Notices Sent: 2
Email also sent to property owner.
Looks like the property may have been owned by Wells Fargo at some
point during this case. See document 5.16.2023 – Wells Fargo Email.
Saved in 2021 folder since that is when the case as opened.
File Closed 6/28/2023. No abatement occurred.
o File 2021-001278
Opened 8/17/2021. Closed 8/18/2021.
Violation: missing door
Complainant: Sta?
Inspections. 8/17/2021.
Notices Sent: 1
Email also sent to property owner.
Inspection on 8/18/2021 – the owner fixed the door and is doing work
on the house.
2020: Code Cases – 4
The old system was transferred to new system. Do not have exact dates for
cases.
All 2020 Abatements:
o File 20-0000004
Violation: Inoperable or Unlicensed vehicle.
Complainant: Sta?
Inspections: 2
Notices sent: 1
o File 20-000005
Violation: Long grass
Inspections: 2
Notices sent: 1
o File 20-000008
Violation: Solid Wate
o File 20-000667
Violation: Spray Paint on house
2019: Code Cases –
All 2019 Abatements:
o File 32486
Violation: Property Damage from Fire
File opened: 2/4/2019
o File 33296
Violation: Property Damage
File Opened: 6/7/2019
o File 33297
Violation: Outdoor Storage
File Opened: 6/7/2019
o File 33396
Violation: House Opened for Trespass
City Boarded the house
File Opened: 6/27/2019
o File 33597
Violation: Gra?iti on House
File Opened: 7/25/2019
o File 34020
Violation: House Broken into – City Reboarded
File Opened 12/3/2019
o File 34032
Violation: Brush blocking tra?ic
File Opened: 12/6/2019
o File 19-000030
Violation: No siding on house
File Opened: 12/9/2019
o File 19-000031
Violation: Outdoor Storage and Junk Vehicle
File Opened: 12/9/2019
o File 19-000039
Violation: brush
File Opened: 12/13/2019
o File 19-000045
Violation: Trash in yard
File Opened: 12/16/2019
o File 19-000046
Violation: Trash and Junk Car
File Opened: 12/23/2019
2018: Code Cases
All 2018 Abatements: NONE
o File 27872
Violation: RV with Expired Tabs
File Opened 3/8/2018
2017: Code Cases
All 2017 Abatements: NONE
o File 26824
Violation: House missing siding
File Opened: 1/25/2017
2016: Code Cases
All 2016 Abatements:
o File 26680
Violation: RV with Expired Tabs
File Opened: 12/2/2016
o File 26681
Violation: Outdoor Storage
File Opened 12/2/2016
2015: Code Cases
All 2015 Abatements: NONE
o File 22338
Violation: RV on grass and Outdoor Storage
File Opened: 5/4/2015
o File 22616
Violation: Outdoor Storage
File Opened: 5/29/2015
2014: No Code Cases
2013: Code Cases
o File 19345
Violation: Brush
File Opened: 6/24/2013
Abatement Order
STATE OF MINNNESOTA DISTRICT COURT
COUNTY OF ANOKA TENTH JUDICIAL DISTRICT
________________________________________ Case Type: Other Civil
In the Matter of the Hazardous
Building Located at 5809 Arthur Street, ORDER FOR ABATEMENT OF
Fridley, Minnesota A HAZARDOUS BUILDING
________________________________________
TO: All owners, occupants, and lienholders of record.
The City Council of the City of Fridley (the “City”) orders that within 30 days of service
of this Order you abate the hazardous conditions which currently exist on the property located at:
5809 Arthur Street, Fridley, Minnesota, Anoka County PID, 24-30-24-14-0047, which property is
legally described as follows:
The East 100 feet of the West 210 feet of the Southwest Quarter of the Southwest Quarter
of the Southeast Quarter of the Northeast Quarter (SW ¼ of SW ¼ of SE ¼ of NE ¼),
except the South 200 feet thereof, being measured at right angles along the West line of
said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of the Northeast
Quarter (SW ¼ of SW ¼ of SE ¼ of NE ¼), all within Section 24, Township 30, Range
24, County of Anoka, State of Minnesota.
(the “Property”). As further detailed herein, abatement shall occur by either (1) razing
(demolishing) the hazardous building, or (2) carrying out in full the list of items outlined below.
The City of Fridley, pursuant to Minnesota Statutes Sections 463.15 to 463.261, finds the
building located on the Property constitutes a hazardous building within the meaning of Minnesota
Statutes Section 463.15, subdivision 3, specifically due to the structural deficiencies and defects,
the poor condition of the interior and exterior, and the overall condition of the structure.
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Pursuant to the above-referenced statutes, it is hereby ORDERED that you abate the
hazardous property conditions within 30 days of the date of service of this Order by either
removing the structure from the Property or completing the following:
1. Obtain permits and begin work on needed repairs according to the City Building
Official’s assessment;
2. Obtain a Structural Engineer’s Report of conditions and necessary repairs required;
3. Repair or replace all damaged interior wall studs and trusses as defined in the
Engineer’s Report;
4. Repair or replace all rotting or damaged exterior surfaces including soffits, facia,
siding, trim, doors, and window frames;
5. Ensure that the roof and flashing are sound, tight and have no defects to admit water
intrusion into the dwelling, including replacing all roof coverings and roof flashing
that is no longer weathertight;
6. Maintenance of structural members so that they can support the imposed loads,
including floor joists, beams and rafters;
7. Close all potential entrance points to the structure to prevent rodent harborage;
8. All doors and windows must be repaired or replaced so that they are all
weathertight;
9. Repair or replace all faulty or missing mechanical, fuel gas, plumbing and electrical
systems; and
10. Test for mold and remediate all mold present in the dwelling, including removal
and replacement of all water damaged surfaces which have mold growth, including
plaster and insulation.
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You must apply for and obtain any appropriate permit(s), if applicable, for the work you
intend to perform from the appropriate City offices before abating the hazardous conditions. This
Order is not a permit. Further, all work completed is subject to inspection by the City’s building
inspector, fire inspector, and other staff as required to ensure compliance with applicable rules and
law.
You are further advised that unless such corrective action is taken or an Answer is served
on the City and filed with the Anoka County District Court Administrator within 21 days of the
date of service of this Order upon you, a motion for summary enforcement of this Order will be
made to the Anoka County District Court.
You are further advised that if you do not comply with this Order and the City is compelled
to take any corrective action, all necessary costs incurred by the City in taking the corrective action
will be assessed against the Property pursuant to Minnesota Statutes Section 463.21. In connection
thereto, the City intends to recover all its expenses incurred in carrying out this Order, including
specifically but not exclusively, filing fees, service fees, publication fees, attorneys’ fees,
appraisers’ fees, witness fees, including expert witness fees and traveling expenses incurred by the
City from the time this Order was originally made pursuant to Minnesota Statutes Section 463.22.
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Dated: ____________ ___, 2024. KENNEDY & GRAVEN, CHARTERED
By: _______________________
Sarah J. Sonsalla (#0313464)
Samantha C. Zuehlke (#0402025)
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9300
Email: ssonsalla@kennedy-graven.com
szuehlke@kennedy-graven.com
Attorneys for the City of Fridley
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