DEPARTMENT: Property Taxation and Records
FILE TYPE: Consent Action
TITLE
title
Authorization To Allow City Of West St. Paul Authority To Demolish And Remove Dwelling And All Remaining Materials On A Tax Forfeited Parcel, 1370 Allen
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PURPOSE/ACTION REQUESTED
Authorize the City of West St. Paul the authority to demolish and remove the dwelling and all remaining materials on a tax forfeited parcel.
SUMMARY
Pursuant to Minn. Stat. § 282.04, subd. 2(e)(f), the county auditor, with the approval of the county board, may provide for the demolition of any structure on tax-forfeited lands, and also approval for the grading of the land by filling or the removal of any surplus material from it.
The parcel description:
Lot Eleven (11) in Block Three (3) Emerson Estates, according to the recorded plat thereof on file and of record in the office of the Register of Deeds in and for Dakota County, Minnesota
42-23700-03-110
The property forfeited to the state for failure to pay real estate taxes on October 2, 2023.
Prior to the forfeiture, the City of West St. Paul was evaluating the property due to unsafe, unsanitary and hazardous conditions pursuant to its ordinances. On December 11, 2023, the City of West St. Paul approved Resolution No. 23-075 (Attachment 1). The Resolution confirmed based on the inspection, the property is unsafe, unsanitary and hazardous conditions on the Property: (i) the Dwelling is structurally unsafe, (ii) the interior of the Dwelling has significant black mold growth, (iii) the Property and Dwelling is infested with mice and rats, (iv) the north end of the Dwelling is sinking, and (v) the Dwelling's basement has standing water.
The city determined that the dwelling met the definition of a “hazardous building” as defined by Minn. Stat. 463.15, constituting a hazard to public safety or health. In Accordance with Minn. Stat. § 463.151, the governing body of any municipality may remove or raze any hazardous building or remove or correct any hazardous condition of real estate upon obtaining the consent in writing of all owners of record.
County staff agree with the city’s evaluation of the property and believe the dwelling on the property should be demolished due to the dilapidate condition. The demolition of the dwelling will aid in disposing of the tax-forfeited property.
The City of West St. Paul desires to continue its process to remove the dwelling on the property and will pay the costs associated with the removal of the personal property and the demolition of the structure. Such costs will be applied to the parcel as a Special Assessment for reimbursement to the city when the property is sold.
RECOMMENDATION
recommendation
Staff in the Dakota County Property Taxation & Records Department recommend that the Dakota County Board of Commissioners find that the dwelling on the property is in a dilapidated condition and that its demolition will aid in disposing of the tax-forfeited property and allow the City of West St. Paul the authority to demolish and remove the dwelling and all remaining materials on a tax forfeited parcel.
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EXPLANATION OF FISCAL/FTE IMPACTS
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, on October 2, 2023 the following property became a tax forfeited parcel:
Lot Eleven (11) in Block Three (3) Emerson Estates, according to the recorded plat thereof on file and of record in the office of the Register of Deeds in and for Dakota County, Minnesota
42-23700-03-110
; and
WHEREAS, prior to the forfeiture, the City of West St. Paul was evaluating the property due to unsafe, unsanitary and hazardous conditions pursuant to its ordinances; and
WHEREAS, on December 11, 2023, the City of West St. Paul approved Resolution No. 23-075 finding, based on the inspection, the property is unsafe, unsanitary and contains hazardous conditions based on the following:
(i) the Dwelling is structurally unsafe,
(ii) the interior of the Dwelling has significant black mold growth,
(iii) the Property and Dwelling are infested with mice and rats,
(iv) the north end of the Dwelling is sinking, and
(v) the Dwelling's basement has standing water
; and
WHEREAS, Minn. Stat. § 465.151 permits the governing body of a municipality to remove or raze any hazardous building or remove or correct any hazardous condition of real estate upon obtaining the consent in writing of all owners of record; and
WHEREAS, Minn. Stat. § 282.04, subdivision 2(e) states that the County Board may provide for the demolition of any structure of tax-forfeited lands upon finding that the sale of the land with the structure on it, or the continued existence of the structure by reason of age, dilapidated condition or excessive size as compared with nearby structures, will result in a material lessening of net tax capacities of real estate in the vicinity of the tax-forfeited lands, or if the demolition of the structure or structures will aid in disposing of the tax-forfeited property; and
WHEREAS, the County agrees with the finding of the City of West St. Paul in Resolution No. 23-075; and
WHEREAS, the demolition of the dwelling will aid in disposing of the tax-forfeited property; and
WHEREAS, the City of West St. Paul desires to continue its process to remove the dwelling on the property and will pay the costs associated with the removal of the personal property and the demolition of the structure with such costs being applied to the parcel as a Special Assessment for reimbursement to the city when the property is sold.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby finds that the dwelling located on PID 42-23700-03-110 should be demolished due to its dilapidated condition to aid in the sale of the tax-forfeited property based on the following conditions of the dwelling:
(i) the dwelling is structurally unsafe,
(ii) the interior of the dwelling has significant black mold growth,
(iii) the Property and dwelling is infested with mice and rats,
(iv) the north end of the dwelling is sinking, and
(v) the dwelling's basement has standing water
; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby consents to the City of West St. Paul entering the property described above for removal the personal property and demolition of the structure with the associated costs being applied to the parcel as a Special Assessment for reimbursement to the city when the property is sold.
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: 23-075 Abatement Resolution and Order 1370 Allen
Attachment: Notice of Lis Pendens - 1370 Allen Ave
BOARD GOALS
☒ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Amy Koethe
Author: Airabella Lepinski