HomeMy WebLinkAbout2022-08-03 CA Ltr to Homeowner Seeking Abatement f: TECKBEGwww.eckberglammers.coni
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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]