RESOLUTION ORDERING THE RAZING OF A HAZARDOUS PROPERTY LOCATED AT
25457 167t11 STREET NW, BIG LAKE, MINNESOTA
Sherburne County Board of Commissioners
Date: March 2, 2021    
Number: 030221-AD-2029
WHEREAS, pursuant to Minn. Stat.§§ 463.15, et. seq., the Sherburne County Board of Commissioners finds that the property located at 25457 167th Street NW, Big Lake, Minnesota, and identified with PID Nos. 35-409-1332, 35-409-1334, 35-409-1314 and 35-409-1316 (the "Property") is a hazardous property for the following reasons:
1. The Property is owned by Joel Nohr, who passed away in 2013. The Property does not appear to have been disposed ofby will and the County is unaware of any surviving spouse or children. The Property therefore appears to have passed to Joel Nohr's surviving parent, Leroy Nohr, pursuant to Minn. Stat. § 524.2-103(2). The County Auditor has been sending the tax statements for the Property to Leroy Nohr for several years.
2. The property consists of four separate tax parcels. One of the parcels included a single family home and several dilapidated structures are also located on the property.
3. Brian Nohr, Joel Nohr's brother, has been residing at the property.
4. There have been solid waste, zoning and public health violations on the property for several years.
5. County staff inspected the Property in 2020 and observed solid waste throughout much of the Property. Staff observed rotting food outside on the Property with flies and maggots and buckets of human waste outside on the Property. Staff could not locate a septic system tank on the property due to the amount of solid waste covering the ground.
6. On or about December 30, 2020, a fire destroyed nearly all of the single family residence on the Property.
7. In January 2021, the Sherburne County Building Official inspected the Property and determined that the residential structure is unsafe and must be demolished.
8. The Building Official found that:
     a. Extensive fire damage to the entire structure. It appeared that no portion of the structure was spared.
     b. The roof had collapsed on a majority of the house and the remaining portion of the roof trusses were heavily charred.
     c. The remaining supporting walls have been compromised from the fire and are laterally unsupported.
     d. The electrical and plumbing systems have been destroyed by the fire.
     e. The site is unsecured creating an unsafe situation that is dangerous to human life.
9. The Building Official determined that the structure cannot be repaired or salvaged and
therefore must be demolished.
10. The property is a hazardous property as defined by Minn. Stat. § 463.15, subd. 3 based on
the unsafe and unsanitary conditions on the property. Specifically, the remains of the
burned structure are structurally unsafe and have not been removed or secured means that
the structure is a public nuisance and threat to human life. In addition, the accumulation
of rotting food, buckets of human waste, the lack of any evidence of a functioning septic
system and the accumulation of large amounts of solid waste on the Property create
unsanitary conditions that are dangerous to public health.
WHEREAS, the conditions listed above are further documented in the report of the Sherburne
County Building Official and the January 5, 2021 County Inspection Report, copies of which are
attached to this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE SHERBURNE COUNTY BOARD OF
COMMISSIONERS, AS FOLLOWS:
1. That pursuant to the foregoing findings and in accordance with Minn. Rule 1300.0180
and Minn. Stat. §§ 463.15 to 463.26, the Board orders the record owner and all occupants
of the above hazardous property to make the following corrections on the property
identified as PID Nos. 10-122-2251 and 10-122-2255 and with a street address of 16768
205th Avenue NW, Big Lake, Minnesota:
     a. The owner and all occupants must immediately vacate the property until a septic
disposal system is installed on the property that complies with State law and
County ordinances. No person may dispose of raw sewage directly on to the
ground.
     b. The owner shall demolish the burned structure and remove the remnants from the
Property, leaving the Property free of all debris, in compliance with all applicable
codes and regulations, pursuant to proper permits from the County. This must be
completed within 30 days after the service of this Order.
     c. The owner shall remove all items of solid waste from the Property. This must be
completed within 30 days after the service of this Order.
2. The County Board may extend the time to remove the hazards identified in section 1(b)
and (c) for good cause shown by the property owner.
3. That a motion for summary enforcement of the order will be made to the Sherburne
County District Court unless corrective action is taken, or unless an answer is filed within
the time specified in Minn. Stat. § 463.18, which is 20 days.
4. That in accordance with Minn. Stat. § 463.24, the owner or occupant must remove all
personal property and/or fixtures that will reasonably interfere with the work within 30
days after this order is served upon the property owner. If the property and/or fixtures are
not removed and the County enforces this order, the County may sell personal property, fixtures, and/or salvage materials at a public auction after three days posted notice, as provided by Minn. Stat. §§ 463.21 and 463 .24.
5. That if the County must take actions to enforce this order, all enforcement costs will be specially assessed against the property and collected in accordance with Minn. Stat. §§ 463.22, 463.161, and 463.21.
6. That this Order shall be served upon the owner of the Property, all lien-holders of record, and all occupants found on the Property.
7. That the County Attorney is authorized to proceed with the enforcement of this order as provided in Minn. Stat.§§ 463.15 to 463.251.
Adopted by the Sherburne County Board of Commissioners on 3/2, 2021.
Approved:
/s/ Raeanne Danielowski, Board Chair
Attested:
/s/ Bruce A Messelt, County Administrator
(Published in the Patriot: 03/06/21; 03/13/21; 03/20/21; 03/27/21).