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HomeMy WebLinkAbout2025-066 Nuisance Property and Abatement 725 49th Ave NERESOLUTION NO. 2025-066 Resolution of the City Council for the City of Columbia Heights declaring the property at 725 49th Avenue NE a Nuisance and approving emergency, and any subsequent, abatement of the hazardous conditions pursuant to City Code, of the property owned by Mary Sauk, deceased (Hereinafter "Owner of Record"). The owner of record is the legal owner of the real property located at 725 49th Ave NE, Columbia Heights, Minnesota. In accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT On 12/13/2023, following a complaint, our office inspected the property at 725 49th Ave NE and determined that Mary Sauk, the listed owner in Anoka County records, passed away in November 2019. The property was found occupied and being used as an unlicensed rental. City Code §5A.401(A) requires that no premises be rented, leased, or otherwise occupied without an occupancy license issued under the property maintenance inspection policy. Because the recorded owner has been deceased for several years and the property remains in her name, no valid party exists to whom a rental license can be issued. 2. On 1/9/2024, Columbia Heights Fire Department found and contacted the decedent's son, Gerald Sauk, who stated that the family had sold the property, but he did not know who currently owned the property. On 1/10/2024, City Inspectors posted the property as Unlawful to Occupy after confirming occupancy of the property without the required rental license. In accordance with section 5A.304(A)(d), appropriate notice to the owner on record and occupants was posted at a conspicuous place on the property. The notice to occupants informed them that continued occupancy of the property is subject to criminal citation. 4. Columbia Heights Fire Department conducted an investigation, which lasted several months, to determine the property's ownership. The Department contacted every individual and entity listed in Anoka County records but were unable to identify a current owner. 5. On 11/27/2024, 1/15/2025, 2/19/2025, 3/20/2025, and 4/22/2025, City Inspectors conducted occupancy checks of the property and found that the property remained occupied. 6. On 5/5/2025, City Inspectors, after finding the property occupied without the required rental license and the Unlawful to Occupy posting removed without authorization took action to replace/repost the Unlawful to Occupy placards. Additionally, City Inspectors posted violations at the property for outside storage of discarded furniture, appliances, and a television. 7. On 5/23/2025, City Inspectors, after finding the property occupied without the required rental license and the Unlawful to Occupy posting removed again, replaced the Unlawful to Occupy placards for a second time. 8. On 6/10/2025, City Inspectors, after finding the property occupied without the required rental license and the Unlawful to Occupy posting removed again, replaced the Unlawful to Occupy placards for a City of Columbia Heights - Council Resolution Page 2 third time. Following consultation with the City Attorneys, Columbia Heights Fire Department met with the Columbia Heights Police Department to determine the best course of action to achieve compliance at the property. 9. On 7/7/2025, Columbia Heights Police Officer William Monberg applied for a search warrant. The warrant expressed probable cause that the "property or things above described constitutes evidence which tends to show a crime has been committed" (unlawful occupancy of a property). The warrant was approved and returned by a 10th Judicial District Court Judge. 10. On 7/16/2025, following consultation with the City Attorneys, Columbia Heights Fire Department met with the Columbia Heights Police Department to determine a course of action to achieve compliance at the property. 11. On 7/29/2025, City Inspectors conducted an inspection of the property and found the outside storage violations had not been corrected. The violations were sent to a City -hired contractor for abatement/correction. 12. On 7/30/2025, Assistant Fire Chief Brad Roddy and Officers from the Columbia Heights Police Department served the search warrant at this address. Two adult women and one child were found inside. Both adult women were issued criminal citations for unlawful occupancy in the home. All occupants were advised they needed to leave the property, or they could be criminally cited again for an additional violation. Chief Roddy advised the occupants that the water service to the property was going to be turned off in 30 days. Additionally, Chief Roddy found that the Unlawful to Occupy placard was again missing and posted the property with a new placard for a third time. 13. On 7/30/2025, a City -hired contractor abated the outside storage violations. 14. On 8/14/2025, City Inspectors, after finding the property occupied without the required rental license and the Unlawful to Occupy posting removed, replaced the Unlawful to Occupy placards for a fourth time. 15. On 8/29/2025, The Columbia Heights Fire Department requested that the City Public Works Department shut off water service to the property. Water Service was shut off on this date. 16. On 9/3/2025, City Inspectors found the property unoccupied, and a City -hired contractor performed an emergency abatement of the property during which the electrical and gas services to the property were disconnected and secured, windows were boarded up, door locks were changed, and the plumbing was winterized. 17. On 9/5/2025, City Inspectors discovered that unauthorized entry into the property had again been made. 18. On 9/8/2025, a city -hired contractor performed an additional emergency abatement to re -secure the property by boarding up additional windows and replacing the damaged lockset on the door. City of Columbia Heights - Council Resolution Page 3 CONCLUSIONS OF COUNCIL The City Council finds that the conditions at this property constitute a continuing public nuisance and pose a hazard to health, safety, and welfare. 1. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 2. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. The property located at 725 49th Avenue NE is declared a public nuisance under City Code. 2. The City Council approves and ratifies the emergency abatement actions taken by city staff to secure and make the property safe. 3. The City Council authorizes any subsequent abatement measures necessary to maintain the property in a safe and secure condition until compliance or lawful ownership transfer occurs. 4. All costs incurred by the City in connection with these actions shall be assessed against the property as provided by law. 5. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this 10th day of November, 2025 Deenen James All Ayes, Spriggs Absent City Clerk/Council Secretary