STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF SHERBURNE
TENTH JUDICIAL
DISTRICT
Case Type: 14 - Other Civil
Court File No.: _____________
Order of the City Council of Big Lake, Sherburne County, Minnesota concerning Hazardous building on the property Located at: 421 Eagle Lake Rd. N., Big Lake, Minnesota 55309. Legally described as: The North Half of Lot 11 (N1/2) of 11) and all of Lot Twelve (12), Block Four (4), in Fairoaks Addition to the Village of Big Lake, in Government Lot Four (4), Section Nineteen (19), Township Thirty-three (33), Range Twenty-seven (27), in Sherburne County Minnesota.
Parcel Identification Number (PIN): 65-412-0445
TO: Ronald E. Skoog, deceased, Owner in Fee Simple of the Subject Property, 421 Eagle Lake Rd. N., Big Lake, MN 55309, service by publication; Dean A. Skoog, Presumed Tenant of the Subject Property, 421 Eagle Lake Rd. N., Big Lake, MN 55309; and Minnesota Department of Human Services, a Lienholder of the Subject Property, located at: 444 Lafayette Rd, St. Paul, MN 55155.
Pursuant to Minnesota Statutes § 463.15, et seq., the City Council of the City of Big Lake having duly considered the matter, finds the above-described property to be hazardous for the reasons set forth herein.
Big Lake City staff have observed the conditions present at 421 Eagle Lake Rd. N., Big Lake, Minnesota 55309 [hereinafter: Subject Property]. Their observations revealed that the Subject Property constitutes a hazardous property within the meaning of Minnesota Chapter 463. Specifically, the Subject Property has been inadequately maintained and contains excessive storage that constitutes a fire and safety hazard to public safety or health within the meaning of Minn. Stat. § 463.15, subd. 3. Specifically, the City Council finds that the following hazardous conditions exist at the Subject Property:
1 The Subject Property has excessive storage and rubbish throughout the home and yard. This constitutes a violation of Minnesota State Fire Code § 304.2. There are other residences bordering the property. The rubbish is easily combustible, thus creating a hazard to the public health, safety, and welfare of any occupants of the Subject Property and the neighboring properties.
2. The Subject Property fails to maintain a means of egress that is free from obstructions in violation of Minnesota State Fire Code § 1030.3. Combustible storage inside the house and throughout the yard of the Subject Property obstructs the means of egress from the Subject Property in the event of an emergency. There are only small corridors through the rubbish. There is accumulated rubbish on the back deck preventing egress or even access to the back door. These are hazardous conditions.
3. The Subject Property constitutes a health and safety hazard to any occupant as well as neighboring properties. The Subject Property contains rubbish and debris that have not been properly disposed of. The Subject Property contains improperly stored and likely rotten food in violation of City Code § 500.02(A). The inadequate maintenance of the Subject Property has created damage to the structure and roof of the building, allowing for the infiltration of water into the building leading to damp and unsanitary conditions in violation of City Code § 505.05, subd. 3. There is visible water damage inside the Subject Property and visible water damage to the exterior of the Subject Property. Damage to the property from inadequate maintenance further includes exposed insulation and crumbling drywall, creating a health hazard for any occupant. The accumulated rubbish and general unsanitary conditions has created a shelter for, and likely infestation of, vermin. These are substantial public safety concerns and indicate that the Subject Property is a hazardous building within the meaning of Minn. Stat. § 463.15, subd. 3.
4. The Subject Property constitutes a threat to the health and safety of the public due to the risk of fire. The rubbish it contains is easily combustible and further blocks access to the building. If the Subject Property were to catch on fire, the Big Lake Fire Department would not be able to nor attempt to make an entry into the home on the Subject Property. The excessive combustible storage on the Subject Property and the blocked means of egress render the Subject Property unsafe for firefighting crews. The Big Lake Fire Department would be forced to allow the Subject Property to burn and instead focus their efforts on properties the surrounding properties only. This is a substantial public safety concern and indicates that the Subject Property is hazardous within the meaning of Minn. Stat. § 463.15, subd. 3.
5. The Subject Property contains a detached garage that is a threat to the health and safety of the public. The detached garage also contains rubbish preventing adequate access. The detached garage is also in a state of inadequate repair. The roof is damaged, and the doors are dilapidated in violation of City Code § 505.05, subd. 3. Accumulated rubbish blocks entrance into or exit from the detached garage. Upon information and belief, the detached garage also contains accumulated rubbish that has not been properly disposed of. The state of disrepair and accumulated rubbish renders the structure unsafe for firefighting crews and has created access and shelter for, and a likely infestation of, vermin. This is in violation of City Code § 500.04(P). These are substantial public safety concerns and indicate that the Subject Property is a hazardous building within the meaning of Minn. Stat. § 463.15, subd. 3.
Pursuant to the foregoing, in accordance with Minn. Stat. § 463.17, unless the hazardous conditions listed above are removed within thirty (30) days of the date of this Order, the City shall cause the hazardous conditions on the Subject Property to be removed. The removal of the above-referenced hazardous conditions may include, if reasonably necessary, the demolition of the Subject Property, the detached garage, or both, the removal of the foundation, and backfilling to prevent any dangerous exposed excavation in violation of City Code § 500.04(q).
If you fail to remedy the hazardous conditions, the City will seek permission from the District Court for the City to do so. The City will move the District Court for summary enforcement of this Order pursuant to Minn. Stat. § 463.19 unless you remedy the situation within said thirty (30) day period or unless an answer is filed within twenty (20) days of service of this Order upon you pursuant to Minn. Stat. § 463.18. Upon enforcement of the Order by the City, all costs expended by the City will be assessed against the real property and collected as other taxes as provided in Minn. Stat. § 463.21.
If you fail to remedy the hazardous conditions, you must remove all personal property or fixtures within thirty (30) days of service of this Order upon you pursuant to Minn. Stat. § 463.24. If the personal property or fixtures are not removed within that by time, then the City may sell the personal property or fixtures at public auction as provided in Minn. Stat. § 463.21 or the City may destroy the same.
Moreover, you are advised that if the City of Big Lake is compelled to take any action to abate these hazardous conditions, all necessary costs expended by the City will be assessed against the real estate and collected as other taxes as provided in Minn. Stat. § 463.21.
Dated: January 18, 2023
/s/ Jack S. Brooksbank
Jack S. Brooksbank (0402593)
Soren M. Mattick (27785X)
City Attorneys
860 Blue Gentian Rd, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
(Published in the Patriot: 01/21/23. 01/28/23, 02/04/23, 02/11/23.)
