23-067 (07-18) Ordering Repair Removal of Hazardous Conditions 2425 Douglas DriveDocuSign Envelope ID: CB21 0AFF-1 163-4D84-8FD9-611185803l3DB
CITY OF GOLDEN VALLEY
RESOLUTION NO. 23-067
A RESOLUTION ORDERING
REPAIR OR REMOVAL
OF HAZARDOUS CONDITIONS
WHEREAS, the City staff of the City of Golden Valley have attempted without success to
have the occupant of certain property remedy the hazardous and unsafe conditions of the property at
2425 Douglas Drive N, City of Golden Valley, County of Hennepin, State of Minnesota 55422,
with a legal description of The South 99.8 feet of the East 276.07 feet of the North Half of
Northeast Quarter of the Northeast Quarter of Section 29, Township 118, Range 21, Hennepin
County, Minnesota, and a Parcel Identification Number (PIN) of 29-118-21-11-0020 ("Subject
Property"); and
WHEREAS, the City Council has determined that the building on the property constitutes a
hazardous property due to inadequate maintenance that constitutes a fire and safety hazard to public
safety or health within the meaning of Minn. Stat. § 463.15, subd. 3; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF GOLDEN VALLEY, MINNESOTA:
1. The City has fully considered all evidence relating to the code violations at the
Subject Property. Said evidence is attached hereto as exhibits. The exhibits include
the following documents:
a. Exhibit A: Ownership and Encumbrance report for Subject Property.
b. Exhibit B: Photographs of the Subject Property taken by City staff.
C. Exhibit C: Inspection reports from the Subject Property
After fully considering all of the reports, photographs, documents, and other
evidence pertaining to the code violations at the Subject Property, the City Council
of Golden Valley finds:
a. Retro Companies, Inc., a Minnesota corporation, owns the Subject Property. The
Subject Property contains only a partially -built structure; there is no occupying
tenant. Jeremy Peterson Real Estate, Inc., a Minnesota corporation, holds a
recorded interest in the property from a mortgage instrument dated August 18,
2020, and recorded as Document No. 10826903 on August 19, 2020. PLG
Finance 1, LLC, a Minnesota limited liability company, holds a recorded interest
in the Subject Property from a PACE loan declaration dated September 25, 2020,
and recorded as Document No. 10845790 on September 28, 2020. There are
currently no other lienholders of record of the Subject Property.
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b. The Subject Property, which is located in Golden Valley, Hennepin County,
constitutes a health and safety hazard within the meaning of Minnesota Chapter 463.
Specifically, the Subject Property has been inadequately maintained and contains
conditions and dilapidation that constitute a fire hazard and a hazard to public safety
or health. Minn. Stat. § 463.15, subd. 3.
c. The Subject Property has uncontrolled rank vegetation and weeds. These weeds are
in excess of eight (8) inches in height, have not been tended, and have gone to seed
in many areas. The weeds do not constitute turf grass, native vegetation, or other
acceptable combined ground cover. The unmanaged nature of the vegetation creates
a likely harbor for noxious weeds. These conditions violate Golden Valley City
Code § 10-89 and the Golden Valley Property Maintenance Code (GVPMC)
§ 302.4; see also Golden Valley City Code § 103-9 (defining excessive weed growth
per the GVPMC as in excess of eight inches).
d. The Subject Property is inadequately maintained, dilapidated, and deteriorated in
violation of Minnesota State Building Code § 1300.0180. The Subject Property is
incomplete and open to the elements in violation of GVPMC § 304.2. Structural
elements including beams and the foundation have sustained water damage. These
structural elements display visual damage, deterioration, and warping in violation of
GVPMC § 304.1.1. Support panels have fallen over. This deteriorated condition
leaves the structural members unable to sustain the design loads required. These are
hazardous conditions threatening the structural integrity of the structure.
e. The inadequate maintenance and unfinished construction of the Subject Property has
created damage to the structure of the building, allowing for the infiltration of water
into the building leading to damp and unsanitary conditions. There is visible water
damage inside the Subject Property and visible water damage to the exterior of the
Subject Property. Water has collected inside the exposed foundation at the Subject
property deep enough for waterfowl to land in it. The exposed foundation lacks a
method of egress in violation of Minnesota State Fire Code § 1001.1. The
unoccupied building has not been secured, in violation of Minnesota State Fire Code
§ 311.1. The fence surrounding the property is unsound and dilapidated in places
and fails to adequately secure the exposed excavation present —an issue of special
concern as the Subject Property borders Sandburg Middle School. 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.
f. The Subject Property constitutes a threat to the health and safety of the public due to
the risk of fire. The uncompleted structure lacks suitable access or egress points. The
damage and deterioration of the exposed structural members renders the building
structurally unsound. The structural instability of the Subject Property, and the lack
of means of egress render the Subject Property unsafe for firefighting crews. If the
Subject Property caught fire, the Golden Valley Fire Department would be forced to
allow it to burn and instead focus their efforts on the surrounding properties only.
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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.
Pursuant to Minnesota Statutes § 463.16 et seq., the City hereby adopts and
approves the Order for Repair and Removal of Hazardous Conditions attached
hereto as Exhibit D.
4. The City's legal counsel, Campbell Knutson, P.A., 860 Blue Gentian Road, Suite
290, Eagan, Minnesota 5 512 1, is directed to serve the Order for Repair and Removal
of Hazardous Conditions and to proceed with enforcement in accordance with Minn.
Stat. § 463.15 et seq.
ADOPTED this 18th day of July, 2023, by the City Council of the City of Golden Valley,
Minnesota.
ATTEST:
DocuSigned by:
CT"SA
C2FNC0073F34DD
Theresa J. Schyma, City Clerk
CITY OF GOLDEN VALLEY
Docuftned by:
c
ep .Harris, Mayor
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STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The undersigned, being the duly qualified and appointed City Clerk of the City of Golden
Valley, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Golden Valley City Council on July 18, 2023, with the original thereof on file in my office, and
the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
24th day of July, 2023.
OLD Al Th f sa J. Schyma, City Jerk
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