State of Minnesota
County of Wright
District Court
TENth Judicial District
ORDER FOR ABATEMENT OF HAZARDOUS BUILDINGS
In the Matter of the Hazardous Buildings located at 430 Main Street, Clearwater, Minnesota
TO: All owners, occupants, and all lienholders of record.
The city council of the city of Clearwater, Minnesota hereby orders that within 60 days of service of this order that you initiate and pursue in good faith the abatement of the hazardous conditions which exist on the property located at 430 Main Street, Clearwater, Minnesota, which property is legally described as: The North 35 feet of Lot 7, Block 2, Clearwater, Wright County, Minnesota.
Specifically, the city of Clearwater, pursuant to Minnesota Statutes, chapter 463 and the Minnesota State Building Code, has determined that the unoccupied single-family dwelling (the “Dwelling”), the garage (“the “Garage”), and the shed (the “Shed”), all located on the above-referenced property, are each hazardous and unsafe due to the following observations: the Dwelling’s roof system is significantly deteriorated and compromised with large holes, leaving the Dwelling’s interior exposed to weather and infestation; the Dwelling’s foundation is failing, including numerous openings that expose the Dwelling’s interior to the elements; the Dwelling’s exterior windows and siding are rotted and deteriorated; the Dwelling lacks potable water and the interior is filled with rubbish, debris, and signs of rodent infestation; numerous exterior elements of the Garage are deteriorated and failing, including its roof, siding, framing, and door; and, finally, numerous exterior elements of the Shed are also deteriorated and failing, including its roof, exterior windows, and siding.
Pursuant to Minnesota Rules 1300.0180 and Minnesota Statutes, sections 463.15 to 463.26, it is hereby ORDERED that you abate the above-mentioned conditions within 60 days of the date of service of this order by either (i) razing (demolishing) the Dwelling, the Garage, and the Shed and thereafter removing all debris and materials from the subject property, or (ii) performing each and every one of the following items:
1. Repair or replace the Dwelling’s deteriorated roof, foundation, windows, and siding, all in accordance with the Minnesota State Building Code;
2. Provide the Dwelling with functional plumbing and potable water in accordance with the Minnesota State Building Code;
3. Address all signs of rodent infestation in the Dwelling and remove existing accumulation of rodent feces;
4. Remove accumulated rubbish and other debris from the Dwelling’s interior to ensure the health and safety of any occupants;
5. Repair or replace the Garage’s deteriorated roof, siding, framing and door, all in accordance with the Minnesota State Building Code; and
6. Repair or replace the Shed’s deteriorated roof, windows and siding, all in accordance with the Minnesota State Building Code.
All such work is subject to permitting and required inspections by the city’s building department to ensure compliance with applicable rules and law. This order is not a permit. You are further advised that unless such corrective action is initiated or an answer is served on the city and filed within 21 days of the date of service of this order upon you, a motion for summary enforcement of this order may be made to the Wright County District Court.
Finally, you are advised that if you do not comply with this order and the city is compelled to take corrective action, it will pursue the demolition of the Dwelling, the Garage, and the Shed, and all necessary costs incurred by the city in taking such corrective action will be collected and assessed against the subject property pursuant to Minnesota Statutes, section 463.21. In connection thereto, the city also intends to recover all of 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, 2024
/s/ David T. Anderson
KENNEDY & GRAVEN,
CHARTERED
David T. Anderson (#0393517)
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
Attorney for City of Clearwater
ACKNOWLEDGMENT
The undersigned acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. § 549.211, subd. 2, to the party against whom the allegations in this pleading are asserted.
/s/ David T. Anderson
David T. Anderson
(Published in the Patriot: 04/13/24, 04/20/24, 04/27/24, 05/04/24).
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