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HomeMy WebLinkAbout2022-08-03 CA Ltr to Homeowner Seeking Abatement f: TECKBEGwww.eckberglammers.coni ,,, ,,, ,,R T FAIRS Writer's Direct Dial: j 651-351-3134 ATTORNEYS AT LAW Writer's Email: ksandstrom@eckberglammers.com Remy to Stillwater August 3, 2022 Via Certified U.S. Mail Phillip Cici 14034 54th Street Oak Park Heights, MN 55082 RE: Code violations at 14034 54`h Street, Oak Park Heights Dear Mr. Cici: Please be advised that the Eckberg Lammers Law Firm serves as the City Attorney for Oak Park Heights. We have been directed to contact you due to your ongoing disregard and ignoring of code violations at your property located at 14034 54th St., Oak Park Heights, Minnesota, and multiple prior code enforcement letters from the City Building Official regarding your property in relation to your above- ground pool and deck. Multiple nuisances as defined in Minnesota Statute 617.81 and City Code are being maintained on your property. The nuisances maintained include: failing pool wall supports, detached pool liner, uncovered pool, open access to the pool, and deficient placement of guards on the deck in violation of Oak Park Heights Nuisance Ordinance 1109, Swimming Pool Ordinance 1303, and the Minnesota Residential Building Code Section R312. Pictures including some, but not all, examples of the nuisances from the property have been previously provided to you. The City sent you a demand letter as early as March 23, 2022 that enclosed copies of relevant code and demanded your compliance within 30 days, which was ignored. The City sent you another letter on June 3, 2022 demanding compliance by July 4, 2022. To date, these code violation issues remain uncorrected. Be advised that under the City's Code and the Minnesota Residential Building Code the keeping of the conditions noted above are considered to be a nuisance and hazardous conditions that must be immediately abated. The nuisances on your property must be abated from the property on or before September 2, 2022. Failure to abate the nuisances on the property will undoubtedly result in the City Council directing us to file a lawsuit for relief in district court that could, among other remedies, include an Order allowing the City to enter your property and forcibly demolish the offending structures and assess you for all costs that result, including attorney's fees incurred in court. Stillwater Office Hudson Office 1809 Northwestern Avenue 430 Second Street Stillwater, MN 55082 Hudson,WI 54016 Phone:651-439-2878 Phone:715-386-3733 Fax:651-439-2923 Fax:715-386-6456 Phillip Cici August 3,2022 Page 2 of 2 We appreciate your anticipated immediate attention to these critical issues. Sincerely, /s/Kevin S. Sandstrom Kevin S. Sandstrom, City Attorney [01501-36736/3107668/1]