HomeMy WebLinkAbout2023-12-18 WC Court Judgment - Abatatement Electronically Served 82-CV-23-4988
12/18/2023 9:26 AM
Washington County, MN
Filed in District Court
State of Minnesota
12/18/2023
State of Minnesota District Court
Washington County Tenth Judicial District
Court File Number: 82-CV-23-4988
Case Type: Civil Other/Misc.
Notice of:
FILE COPY X Filing of Order
X Entry of Judgment
Docketing of Judgment
City of Oak Park Heights vs Estate of Bonita Polichnia, a/k/a Bonita A. Polichnia, a/k/a Bonita
Annette Polichnia, deceased, John Doe, Mary Roe, and XYZ Corporation,
You are hereby notified that the following occurred regarding the above-entitled matter:
X An Order was filed on December 15, 2023.
X Judgment was entered on December 18, 2023.
You are notified that judgment was docketed on
at in the amount of$. Costs and interest will accrue on this amount from
the date of entry until the judgment is satisfied in full.
Dated: December 18, 2023 Teresa Underwood
Court Administrator
Washington County District Court
14949 - 62nd St. N; PO Box 3802
Stillwater MN 55082
651-413-8030
cc: Estate of Bonita Polichnia
KEVIN SCOTT SANDSTROM
A true and correct copy of this Notice has been served pursuant to Minnesota Rules of Civil
Procedure, Rule 77.04.
MNCIS-CIV-142 STATE Notice 12/20
Electronically Served 82-CV-23-4988
12/18/2023 9:26 AM
Washington County,MN Filed in District Court
State of Minnesota
12/15/23 9:38 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
City of Oak Park Heights,a Minnesota Court File No: 82-CV-23-4988
municipal corporation, Case Type: Other Civil
Judge: Siv Mjanger
Plaintiff,
v.
Estate of Bonita Polichnia, a/k/a Bonita A. ORDER GRANTING DEFAULT
Polichnia, a/k/a Bonita Annette Polichnia, JUDGMENT
deceased, John Doe, Mary Roe, and XYZ
Corporation,
Defendants.
This matter came before the Court on December 15, 2023 on Plaintiff's motion for entry
of default judgment against Defendants Estate of Bonita Polichnia, a/k/a Bonita A. Polichnia,
a/k/a Bonita Annette Polichnia, under Minnesota Statute § 463.19.
Plaintiff appeared via its attorney of record. Defendant did not appear. After having
considered the arguments and authorities submitted by the Plaintiff,the Court holds as follows:
FINDINGS
1. Resolution and Order was duly served upon Defendants by posting and publication
completed on October 27, 2023.
2. Defendants are not minors, nor incompetent persons, nor members of the military service
of the United States.
3. Defendants' deadline for an answer or other response to the Plaintiff's Resolution and
Order was November 16, 2023. Defendant, via its personal representative of record Lily
Polichnia, did not appear or otherwise defend in this action by that date, nor had they
done so as of the filing and hearing of Plaintiff's Motion for Default Judgment.
4. Defendants are in default for failing to answer the Resolution and Order.
82-CV-23-4988
5. Plaintiff is entitled to collect all costs of remediating the condition of the property,
including but not limited to administrative costs, filing fees, service fees, attorneys' fees,
appraisers' fees, and witness fees, pursuant to Minn. Stat. § 463.22 and City Code
§ 1109.07.
ORDER
THEREFORE, IT IS ADJUDGED AND ORDERED that:
1. Plaintiff's Motion for Default Judgment is GRANTED.
2. An Order GRANTED to the Plaintiff for the following:
a. to enter upon the Property and demolition and clean up of the hazardous building
and abatement of long grass and weeds.
b. Removing all property, fixtures, debris, and/or salvage materials from the
hazardous building.
c. Enforcement of all costs of remediation work,to be specially assessed against the
property under Minn. Stat. § 463.21.
3. Plaintiff is awarded its attorneys fees, costs and disbursements against Defendants to be
specially assessed against the property under Minn. Stat. §§ 463.21 &463.22.
4. Once the building is razed or removed by the city,the governing body may sell the
salvage and valuable materials at public auction upon three days'posted notice under
Minn. Stat. § 463.21.
LET JUDGMENT BE ENTERED ACCORDINGLY.
BY THE COURT:
Mjanger, Siv (Judge)
Dated: --"*.---j; itt. 2023.12.15 09:08:31 -06'00'
The Honorable Siv Mjanger
Filed in District Court Judge of District Court
state of Minnesota
I certn.%the above order consututes the Judgment c(the
Court
Dec 18 2023 9:22 AM Cqun A� i tootos
Dec 18 2023 9:21 AM
82-CV-23-4988
Filed in District Court
State of Minnesota
11/3/2023 9:56 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Case Type: Other Civil
City of Oak Park Heights, a Minnesota Court File No.
municipal corporation, Judge:
Plaintiff,
v. SUMMONS
Estate of Bonita Polichnia, a/k/a Bonita A.
Polichnia, a/k/a Bonita Annette Polichnia,
deceased, John Doe, Mary Roe, and XYZ
Corporation,
Defendant.
THIS SUMMONS IS DIRECTED TO DEFENDANTS ABOVE-NAMED:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The
Plaintiff's Resolution/Order against you is attached to this Summons. Do not throw these papers
away. They are official papers that affect your rights. You must respond to this lawsuit even though
it may not yet be filed with the Court and there may be no court file number on this summons.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You
must give or mail to the person who signed this summons a written response called an Answer within
20 days of the date on which you were served with the City Council's Resolution and Order pursuant
to Minn.Stat.§463.18. You must send a copy of your Answer to the person who signed this Summons
located at:
Kevin S. Sandstrom
Eckberg Lammers,P.C.
1809 Northwestern Avenue
Stillwater,MN 55082
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response
to the Plaintiffs Resolution/Order. In your Answer you must state whether you agree or disagree with
each paragraph of the Resolution/Order. If you believe the Plaintiff should not be given everything
asked for in the Resolution/Order,you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN
RESPONSE TO THE RESOLUTION/ORDER TO THE PERSON WHO SIGNED THIS
SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to tell
your side of the story,and the Court may decide against you and award the Plaintiff everything asked
82-CV-23-4988
Filed in District Court
State of Minnesota
11/3/2023 9:56 AM
for in the Resolution/Order. If you do not want to contest the claims stated in the Resolution/Order,
you do not need to respond. A default judgment can then be entered against you for the relief requested
in the Resolution/Order.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do
not have a lawyer, the Court Administrator may have information about places where you can get
legal assistance. Even if you cannot get legal help,you must still provide a written Answer to
protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be
ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota
General Rules of Practice. You must still send your written response to the Resolution/Order even if
you expect to use alternative means of resolving this dispute.
7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO
OR INTERESTS IN REAL PROPERTY located in Washington County, State of Minnesota,
legally described as follows:
Lot 4,Block 2,Albert's Addition,Washington County,Minnesota
PID: 04.029.20.21.0033
The object of this action is to demolish and remove the hazardous garage structure and abate
the long grass and weeds on the above noted property.
Dated: November 3, 2023 ECKBERG LAMMERS, P.C.
By: /s/Kevin S. Sandstrom
Kevin S. Sandstrom, #348958
Attorney for Plaintiff
1809 Northwestern Avenue
Stillwater, MN 55082
(651) 439-2878
ksandstrom@eckberglammers.com
82-CV-23-4988
Filed in District Court
State of Minnesota
EXHIBIT A 11/3/2023 9:56 AM
CITY OF OAK PARK HEIGHTS
COUNTY OF WASHINGTON,STATE OF MINNESOTA
RESOLUTION NO.23-07-26
RESOLUTION ORDERING THE RAZING OF A HAZARDOUS BUILDING AND
ABATEMENT OF LONG GRASS AND WEEDS LOCATED AT
5869 OLDFIELD AVENUE NORTH, OAK PARK HEIGHTS,MN
WHEREAS,pursuant to Minn. Stat. §§ 463.15 to 463.261, the City Council of Oak Park
Heights finds the building located at 5869 Oldfield Avenue North, owned by the Estate of Bonita
Polichnia("Owner"), and legally described as:
LOT 4,BLOCK 2,ALBERT'S ADDITION,WASHINGTON COUNTY,
MINNESOTA
PID: 04.029.20.21.0033
to be a hazardous building for the following reasons:
1. The Property was subject to a garage structure collapse, of which the City became aware
in or about March, 2023;
2. The Owner of the Property is deceased and the Property appears to be vacant,
3. The Property is a subject of a formal probate matter started in Washington County, Court
filed number 82-PR-22-5165 since November 17, 2022;
4. The Property collapsed structure has been rendered uninhabitable;
5. The City sent notice via posting notice on a door of the Property on March 24, 2023 that
all damaged portions of the Property needed to be promptly demolished and contents
removed by a licensed contractor;
6. The City Attorney send another Demand for Code Compliance on April 19, 2023 to the
legal counsel for the Estate of Owner;
7. The lawn is long and overgrown in violation of City Code and needs to be mowed and
brought up to code;
8. The City Attorney sent another Demand for Code Compliance on July 5,2023 to the
legal counsel for the Estate, demanding immediate completion of mowing the yard and
demolition and cleanup of collapsed structure;
9. On July 12, 2023 the City received a correspondence from the legal counsel from the
Estate that they would be withdrawing representation;
10. As of July 14, 2023,the collapse structure has not been demolished and the debris
cleaned up and the lawn has not been cared for.
WHEREAS, the conditions listed above are more fully documented in the demands for
compliance and accompanying photographs, which are attached to this resolution as Exhibit A.
1 certify that this is a true and
correct copy of the original filed
at Oak P. eights City Hall
City Clerk Date
82-CV-23-4988 Filed in District Court
State of Minnesota
EXHIBIT A 11/3/2023 9:56 AM
WHEREAS, the physical damage and condition of the Property,and the Owner's failure to
secure and remove the unsafe structure, render it an attractive nuisance, blight, fire hazard, and
hazard to public safety and health under Minn. Stat. § 463.151.
WHEREAS, the City Council declares the Property to be a nuisance pursuant to Minn. Stat.
463.17, § 412.221 and under applicable City Code Chapter 1109.04.
WHEREAS, the City Council declares the Property to be a nuisance under applicable City Code
Chapter 1109.03.
NOW,THEREFORE,BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL
OF OAK PARK HEIGHTS,MINNESOTA,AS FOLLOWS:
1. That pursuant to the foregoing findings and in accordance with Minn. Stat. §§ 463.15 to
463.261, and City Code § 1109.06,the council hereby orders the Personal Representative
of the Estate of the record Owner of the above hazardous building or their representatives
to make the following corrections of the Property at 5869 Oldfield Avenue North, Oak
Park Heights, MN:
a. Apply for a demolition permit;
b. Complete razing and demolition of entire Garage structure.
c. Removal of all personal Property and debris from the garage site.
d. Mowing and landscaping of all grass, weeds, and bushes.
2. That the City Council adopts and approves the Order attached hereto as Exhibit B.
3. That the actions listed above must all be made within 20 days after the order is served
upon the Personal Representative of the Estate of the Property Owner. The demolition
and cleanup must be completed in compliance with all applicable codes and regulations,
pursuant to proper demolition permits from the city.
4. That if actions listed above are not made within the time provided in paragraph 2,the
building shall be subject to being razed by the City,the foundations filled, and the
Property cleaned of debris, and all costs thereof assessed against the Property in
compliance with Minn. Stat. § 463.161, 463.21 and 429.101.
5. That a motion for summary enforcement of this order will be made to the District Court
of Washington County in which the hazardous building or Property is situated unless
corrective action is taken, or unless an answer is filed within the time specified in Minn.
Stat. § 463.18,which is 20 days.
6. That in accordance with Minn. Stat. §463.24, the Personal Representative of the Estate
of the Owner must remove all personal Property and/or fixtures that will reasonably
interfere with the work within 20 days. If the Property and/or fixtures are not removed
and the city enforces this order, the city may sell personal Property, fixtures, and/or
salvage materials at a public auction after three days posted notice.
82-CV-23-4988 Filed in District Court
State of Minnesota
EXHIBIT A 11/3/2023 9:56 AM
7. That if the city must take actions to enforce this order, all enforcement costs will be
specially assessed against the Property and collected in accordance with Minn. Stat. §§
463.22, 463.161,and 463.21.
8. That the city attorney is authorized to serve this order upon the Personal Representative
of the Estate of the Owner of the premises at 5869 Oldfield Avenue North, Oak Park
Heights,MN and all lien-holders of record.
9. That the city attorney is authorized to proceed with the enforcement of this order as
provided in Minn. Stat. §§ 463.15 to 463.261.
Adopted by the City Council of the City of Oak Park Heights on July 25,2023.
owed:
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82-CV-23-4988
Filed in District Court
State of Minnesota
EXHIBIT A 11/3/2023 9:56 AM
EXHIBIT A-DEMANDS FOR COMPLIANCE AND PHOTOGRAPHS
82-CV-23-4988 Filed in District Court
State of Minnesota
EXHIBIT A 11/3/2023 9:56 AM
ral[i
�� �� TJwww.eckberglammers.com
jN Writer's Direct Dial:
651-351-2134
LAMIvIERS
ATTORNEYS AT LAW Writer's Email:
ksandstrom@eckberglammers.com
Reply to Stillwater
July 5, 2023
VIA E-MAIL AND U.S.MAIL
Estate of Bonita Polichnia
c/o Laurann Kirschner Galowitz
Olson, PLLC
10390 39th Street N.
Lake Elmo, MN 55042
RE: Oak Park Heights Demand for Code Compliance re: 5869 Oldfield Avenue N.
Dear Ms. Kirschner:
I am following up on my code enforcement letter of April 19, 2023 and our exchange of emails
in mid-May 2023. Some six weeks ago, you confirmed that your client,the P.R. of the Estate,
was taking steps necessary to get the collapsed garage on the above-noted Property demolished
and the debris cleaned up. As of today,per the enclosed current photo,this has not occurred.
To make matters worse, we understand that in the spring your client had someone local who
regularly mowed the lawn at the Property. In recent weeks,however,that has stopped and the
lawn is now badly overgrown. This is not acceptable and also constitutes an additional code
violation on the Property. A current photo of the yard is also enclosed for reference.
These code violations on the Property must be immediately remedied,otherwise the City will
intend to take prompt action against the Estate, including but not limited to commencing legal
action to empower the City to abate the nuisances and code violations and assess all costs against
the Property, including administrative costs,attorneys' fees and court costs in addition to any
contractor fees.
We expect forward progress by the Estate within the next week. Please advise ASAP.
Sincerely,
/s/flea'x S.Saaaatwm
Kevin S. Sandstrom,City Attorney
Enclosure: Garage&Yard photos
CC: City Administrator&City Building Official (via email)
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
82-CV-23-4988
Filed in District Court
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82-CV-23-4988
Filed in District Court
State of Minnesota
EXHIBIT A 11/3/2023 9:56 AM
t
CITY OF
OAK PARK HEIGHTS
14168 Odk il I Jlc3rdNot th • OA Park licighis MN 55082 * Phone.651/439 1139 • fox 65'6139 0571
Date: March 24, 2023
To: Estate of Bonnie Polichnia
From: Julie Hultman, Building Official
Re: Garage Collapse —5869 Oldfield Ave. N., Oak Park Heights
The garage at the above-reference property collapsed on or about Sunday, March 19,
2023. The garage structure is not safe to enter. Do not enter the garage
structure.
•
The garage needs to be demolished and its contents removed by a qualified and
licensed contractor.
Please contact me to discuss the situation via email or telephone as soon as possible.
Thank you
MI CITY OF
('
OAK PARK HEIGHTS
Julie Hultman
Building Official
Planning Ec Code Enfoatinent
14168 Oak Park Boulevard North
Oak Park Heights,MN 55082
Office. 651/439-4439• Fax: 651/439-0574 • Direct. 651/351-1661
E-mail,jhultman@cityofoakparkheights.corn
Tree City U.S.A.
82-CV-23-4988
Filed in District Court
State of Minnesota
EXHIBIT A 11/3/2023 9:56 AM
EXHIBIT B—ORDER
ORDER OF THE OAK PARK HEIGHTS CITY COUNCIL TO RAZE THE
HAZARDOUS BUILDING AND ABATE LONG GLASS AND WEEDS LOCATED AT
5869 OLDFIELD AVENUE NORTH,OAK PARK HEIGHTS,MN
WHEREAS,pursuant to Minn. Stat. §§ 463.15 to 463.261,the City Council of Oak Park
Heights finds the building located at 5869 Oldfield Avenue North, owned by the Estate of Bonita
Polichnia("Owner"), and legally described as:
LOT 4,BLOCK 2,ALBERT'S ADDITION,WASHINGTON COUNTY,
MINNESOTA
PID: 04.029.20.21.0033
to be a hazardous building for the following reasons:
1. The Property was subject to a garage structure collapse, of which the City became aware
in or about March, 2023;
2. The Owner of the Property is deceased and the Property appears to be vacant,
3. The Property is a subject of a formal probate matter started in Washington County, Court
filed number 82-PR-22-5165 since November 17, 2022;
4. The Property collapsed structure has been rendered uninhabitable;
5. The City sent notice via posting notice on a door of the Property on March 24,2023 that
all damaged portions of the Property needed to be promptly demolished and contents
removed by a licensed contractor;
6. The City Attorney send another Demand for Code Compliance on April 19, 2023 to the
legal counsel for the Estate of Owner;
7. The lawn is long and overgrown in violation of City Code and needs to be mowed and
brought up to code;
8. The City Attorney sent another Demand for Code Compliance on July 5,2023 to the
legal counsel for the Estate, demanding immediate completion of mowing the yard and
demolition and cleanup of collapsed structure;
9. On July 12,2023 the City received a correspondence from the legal counsel from the
Estate that they would be withdrawing representation;
10. As of July 14, 2023,the collapse structure has not been demolished and the debris
cleaned up and the lawn has not been cared for.
WHEREAS,the physical damage and condition of the Property, and the Owner's failure to
secure and remove the unsafe structure,render it an attractive nuisance,blight, fire hazard, and
hazard to public safety and health under Minn. Stat. § 463.151.
WHEREAS,the City Council via its Resolution 23-07-26 declared the Property to be a nuisance
pursuant to Minn. Stat.463.17, § 412.221 and under applicable City Code Chapter 1109.04.
82-CV-23-4988
Filed in District Court
State of Minnesota
EXHIBIT A 11/3/2023 9:56 AM
WHEREAS, the City Council declares the Property to be a nuisance under applicable City Code
Chapter 1109.03.
NOW,THEREFORE,THE CITY COUNCIL OF OAK PARK HEIGHTS, MINNESOTA,
ORDERS AS FOLLOWS:
1. Pursuant to the foregoing findings and in accordance with Minn. Stat. §§463.15 to
463.261, and City Code § 1109.06,the council hereby orders the Personal Representative
of the Estate of the record Owner of the above hazardous building or their representatives
to make the following corrections of the Property at 5869 Oldfield Avenue North, Oak
Park Heights, MN:
e. Apply for a demolition permit;
f. Complete razing and demolition of entire Garage structure.
g. Removal of all personal Property and debris from the garage site.
h. Mowing and landscaping of all grass, weeds, and bushes.
2. The actions listed above must be completed within 20 days after the order is served upon
the Personal Representative of the Estate of the Property Owner.The demolition and
cleanup must be completed in compliance with all applicable codes and regulations,
pursuant to proper demolition permits from the city.
3. If actions listed above are not made within the time provided in paragraph 2, the building
shall be subject to being razed by the City,the foundations filled, and the Property
cleaned of debris, and all costs thereof assessed against the Property in compliance with
Minn. Stat. §463.161, 463.21 and 429.101.
4. A motion for summary enforcement of this order will be made to the District Court of
Washington County in which the hazardous building or Property is situated unless
corrective action is taken,or unless an answer is filed within the time specified in Minn.
Stat. § 463.18,which is 20 days.
5. In accordance with Minn. Stat. §463.24,the Personal Representative of the Estate of the
Owner must remove all personal Property and/or fixtures that will reasonably interfere
with the work within 20 days. If the Property and/or fixtures are not removed and the city
enforces this order,the city may sell personal Property, fixtures, and/or salvage materials
at a public auction after three days posted notice.
6. If the City must take actions to enforce this order, all enforcement costs will be specially
assessed against the Property and collected in accordance with Minn. Stat. §§463.22,
463.161, and 463.21.
7. The city attorney is authorized to serve this order upon the Personal Representative of the
Estate of the Owner of the premises at 5869 Oldfield Avenue North,Oak Park Heights,
MN and all lien-holders of record.
82-CV-23-4988
Filed in District Court
State of Minnesota
EXHIBIT A 11/3/2023 9:56 AM
8. The city attorney is authorized to proceed with the enforcement of this order as provided
in Minn. Stat. §§ 463.15 to 463.261.
Ordered by the City Council of the City of Oak Park Heights on July 25,2023.
A.. oved:
Ma,or
Attested:
Cit Finis /55r