ORDER FOR ABATEMENT OF HAZARDOUS PROPERTY
STATE OF MINNESOTA
COUNTY OF WASHINGTON Case Type: Other Civil
Case Type: Other Civil
TENTH JUDICIAL DISTRICT
Court File No. ____________
In the Matter of the Hazardous Property Located at 8255 Hyde Avenue South in the City of Cottage Grove, Minnesota
TO: Alan A. Speten, heir of owner of record (Joyce M. Wallrich, deceased), Absolute Bail Bonds, Inc., lien holder of record; and all owners and lien holders of record.
The City Council of the City of Cottage Grove orders that within twenty (20) days of service of this Order you abate the conditions as described below which exist on property located at 8255 Hyde Avenue South in the City of Cottage Grove ("Subject Property"), which property is legally described as Lot 3, Block 7, Thompson Grove Estates 6th Addition, Washington County, Minnesota.
The City of Cottage Grove, pursuant to Minnesota Statutes, sections 463.15 et. seq., and based on the authorization of Resolution No. 2011-091, adopted on July 6, 2011, which is hereby incorporated by reference and attached hereto as Exhibit A, and all prior findings, conclusions, and determinations referenced in Resolution No. 2011-091, finds that the above-referenced property constitutes a "hazardous property" within the meaning of Minnesota Statutes, Section 463.15, subd. 3, and Minnesota State Building Code, Minn. R. 1300.0180.
Pursuant to the above-referenced statutes, it is hereby ORDERED that within twenty (20) days of service of this Order you must either raze or remove the hazardous property or abate the hazardous conditions by completing the following work:
1. The supporting exterior walls on the east side of the house and attached garage are damaged beyond repair, requiring replacement.
2. Portions of the east side exterior walls are damaged beyond repair, requiring replacement.
3. Exterior walls; roof system; floor system; interior walls; mechanical, plumbing, and electrical systems within the principal attached and detached structures shall be inspected by licensed specialists who shall provide damage reports to the City of Cottage Grove Building Division.
4. The roof trusses on the east side of the house and attached garage are damaged beyond repair, requiring roof truss replacement.
5. All attic insulation shall be removed and replaced, assuring code compliant attic ventilation.
6. The interior of the home is both fire and smoke damaged throughout.
7. The detached shed was damaged by heat requiring new siding.
8. The in-ground swimming pool is accessible to the public and shall be removed and filled in an appropriate manner.
9. The fire damaged deck shall be removed, and replaced and/or a code-compliant land exterior of the sliding patio door be provided.
10. All fire-damaged interior and exterior walls, insulation, and drywall shall be removed and replaced.
11. All fire-damaged structural floor components shall be replaced.
12. All smoke damage throughout the entire structure shall be identified by a licensed fire restoration specialist and addressed per the report.
13. All fire and smoke damaged windows, siding, soffit/fascia, and roofing shall be removed and replaced.
14. All mold damage shall be remediated by a licensed abatement specialist who shall provide an assessment of damages, scope of repair, and air quality report prior to further occupancy.
15. All fire damaged household debris shall be disposed of in a proper manner.
16. All repairs to the structural, mechanical, plumbing, and electrical systems must be completed and pass final inspection prior to resumption of electrical, gas, and water service to the building.
You must apply for and obtain the appropriate permit(s) for the work you intend to perform from the appropriate City offices before either razing or removing the hazardous property or abating the hazardous conditions. This Order is not a permit.
You are further advised that unless such corrective action is completed or an Answer is served on the City and filed with the Washington County District Court Administrator within twenty (20) days of the date of service of this Order upon you, a motion for summary enforcement of this Order will be made to the Washington 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 the corrective action will be assessed against the Subject Property pursuant to Minnesota Statutes, section 463.21. Under statute, the City has authority and 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.
Dated: February 27, 2012. KENNEDY & GRAVEN CHARTERED
By: /s/ Mary D. Tietjen
Corrine A. Heine (#149743)
Mary D. Tietjen (#279833)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
ATTORNEYS FOR THE
CITY OF COTTAGE GROVE