MINNEAPOLIS — When a property lands on the community's radar as a nuisance property, is there anything the city can do to step in? The short answer to that question is: No, not until the ownership changes.
There are tools, however, that a city can use to urge the owners to act, according to municipal law expert Scott Landsman at Hoff Barry P.A.
"Typically what we try to do in the cities, is to send notice, with the property owner," Landsman said. "What we're trying to do is getting compliance. That's the main thing, compliance is good for citizens because it gets it taken care of and it doesn't cost the [city] money to take care of it."
According to Minneapolis documents, the city has been trying when it comes to 2312 Lyndale Ave. S. According to property records, it is owned by C. David George, the same owner listed for 200 Oak Grove St., which also caught fire in September. Minneapolis' spokesperson said according to the Regulatory Services Department's engagements, the owner was notified of the intent to condemn in May.
The city came to finally condemn the building in July, citing "lack of maintenance," and "the property was uninhabitable and in disrepair."
Then through October and November, multiple calls were made to the police about trespassing within the property. The cycle of police calls and the city reaching out to the owner to secure the building continued, until finally in November, the owner confirmed the building was vacant and condemned, with no heat, electricity, gas or water.
Then, over the weekend, the Lyndale building also was on fire.
Despite the fire and the property damage, Landsman said that doesn't change the fact that the property owner remains liable for the property.
"When it burns down, it doesn't mean it's not a nuisance anymore," he said. "You may have a hole in the ground and you still have to take care of it. It's the same process you're dealing with the building itself — you deal with whatever is left."
Minneapolis said the Lyndale building is condemned and enrolled in the vacant building registry program. The investigation into the cause of the fire is ongoing, with agents from the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives assisting.
“Due to the extensive fire damage, including a partial collapse, and the size and scope of the investigation, it was collectively decided that ATF’s National Response Team was needed,” said Special Agent in Charge William McCrary, of the St. Paul Field Division. “ATF’s National Response Team is a tremendous asset, and its members bring a wealth of knowledge as well as resources - all to assist local police and fire departments in large-scale fire investigations to help determine the origin and cause of the fire."
In response to the fire, Office of Mayor Jacob Frey issued this statement:
“Thank you to the firefighters and first responders who responded quickly to Saturday’s fire.
The City’s Regulatory Services Department has been actively working to educate the property owner of their responsibilities, including around security requirements at the condemned and vacant building in question. City leadership will continue to monitor and assess this property and will explore enforcement actions as necessary.”
We have reached out to the property owner, C. David George for comment. We have not heard back.
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