ITEM 4.2 Drywall Services IncOtsTe F o
MINNESOTA 41:n)
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Legal
Andy MacArthur, City Attorney
July 27, 2015
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Attorney
Lori Johnson, City Administrator
4.2
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends that the City Council table this item until August 24.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
No.
BACKGROUND/JUSTIFICATION:
City Code enforcement has identified the structure located at 14376 78th Street as a hazardous building.
Notification of this condition was sent to the owner, Western Drywall Services, Inc. by certified and US
mail on June 29. No response was immediately received.
I was able to reach the owner, Anthony Magsig, by telephone at a different location than that listed last
week. Mr. Magsig did agree that he would remove the structure and indicated that he would send me
something to that effect in writing.
Attached is a copy of my letter to Drywall Services, Inc., a memo from Liz Stockman and some
photographs of the structure for Council review. This information is provided so that the Council has
reviewed the information in the event that future Council action is necessary.
Approval of a Hazardous Building Order and the procedure involved would cost the City money. In order
to avoid additional expense and to give Mr. Magsig a reasonable time period to remove or destroy the
structure I am requesting that the Council table this item until August 24.
SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE
• Letter to property owner.
• Code enforcement memo.
• Pictures of property.
MOTION: (Please word motion as you would like it to appear in the minutes.
Motion to table action on Hazardous Building located at 14376 78th Street until the regularly scheduled
City Council meeting on August 24.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA o No
ACTION TAKEN
MACARTHUR LAW OFFICE LLC
Andrew J. MacArthur
Attorney At Law
3601 Thurston Avenue N, Suite 103
Anoka, MN 55303
763.231.5850
June 29, 2015
Western Drywall Services
PO Box 28276
Crystal, MN 55428
VIA CERTIFIED MAIL
AND U.S. MAIL
RE: Hazardous Building-14376 781" Street- City of Otsego
To whom it may concern:
This office represents the City of Otsego.
JUL 0 2015
Western Drywall Services appears as the owner of record of the above listed
property located within the City of Otsego. The City Code enforcement officer has
inspected this property and reports that the building is in a dilapidated and
uninhabitable condition. The City has received numerous complaints regarding
degradation of property values and threat to the safety of children in the
neighborhood who could easily enter the property and the building. Based upon
these reports and the pictures of the structure, which I have enclosed, the structure
constitutes a hazardous building.
The Code Enforcement Officer also reports
The Humere are feral cats and rats
ane Society has been notified to
currently living in or about the sucture
address the cat problem; they will likely set traps and remove the cats from the
property.
The structure must be removed immediately. I have placed on the agenda for the
Otsego City Council meeting on July 13 City Council consideration of a
Hazardous Building Order regarding this property. City staff would prefer that the
building be voluntarily removed. In the event that the City must proceed with the
Hazardous Building Order, all costs incurred by the City will be charged against
the property and property owner.
Please respond immediately with your arrangements to remove the structure and
clean up the property. You can contact me at the phone number above or contact
the City Code enforcement officer Elizabeth Stockman at 651-303-3670.
Obviously, this is an ongoing problem that now requires your immediate attention
and action.
Thank you for your prompt attention to this matter.
Very trul ,
J/UR
ur
ACARW OFFICE, LLC
OTSEGO CITY ATTORNEY
Encls.
cc: Dan Licht, City Planner
Lori Johnson, City Administrator
Liz Stockman, Code Enforcement
Barb Williams, Building Department
2
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.42 7.0520
TPCP Plan ni ngCo. com
MEMORANDUM
TO: Andy MacArthur
FROM: Elizabeth Stockman
DATE: June 25, 2015
RE: Otsego — Code Enforcement; 14376 78th Street
FILE NO: 101.03
This memo is intended to summarize my inspection of the residential property at 14376
78th Street NE on June 11, 2015. Attached are photos taken which document the site
conditions. The neighboring residents have been complaining about this rundown and
vacant home for several years as its condition continues to deteriorate. Most recently a
neighbor has been pushing me to ask the City to take action regarding the removal of
the home as the condition of the property keeps deteriorating and it is likely degrading
property values in the area.
The detached garage on the property is not in bad shape. But, the manufactured home
has no siding or exterior finish remaining, holes completely through it, insulation visible,
mold obvious, windows broken, an unsecured door and deteriorating steps/foundation.
Additionally, the vegetation around the home is so overgrown that it is attracting rats,
feral cats and other wild creatures to reside in and around the home. In my opinion, it
poses a threat to the safety and welfare of residents and children living in the
neighborhood.
Our office recommends placing this issue on the next City Council agenda to consider
approval of a hazardous building order.
c: Lori Johnson, City Administrator
Tami Loff, City Clerk
Daniel Licht, TPC
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