All the homes are in the Summerland Place Subdivision.  The owner and developer of these homes, Mark Elliot Homes LLC, is no longer capable of finishing the buildings since the building permits have expired and the principle of the company, Mark Elliot Pasvogel Jr., passed away in an auto accident on April 15, 2023.

There are several Mark Elliot Homes LLC homes in this subdivision that are in various stages of construction.  A few of the homes have already been foreclosed on by lenders or investors and sold at auction and city staff is working with the new owners on securing those properties and having the new owners submit plans to complete them.

The homes identified in this resolution continue to be owned by the original developer or its assigns and the lenders or investors have been notified of these dangerous conditions and they have either denied any liability or have not followed through on commitments to secure the properties.

This is a very active neighborhood with Lennar and other developers completing homes in the immediate area.  These homes are open, and individuals have been going into the homes, creating a very dangerous situation, and jeopardizing the quiet enjoyment of neighbors who have already purchased and occupied homes in the neighborhood.

Minnesota Statutes allow the governing body of any municipality to order the owner of any hazardous building or property within the municipality to correct or remove the hazardous condition of the building or property or to raze or remove the building. 

"Hazardous building or hazardous property" means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health.

Staff has worked with the city attorney to follow the appropriate procedures and notifications to get these properties properly secured.  The lenders or investors in these sites have chosen not to respond to the city's requests and using applicable Minnesota State Statutes, the city is putting these properties. owners and lenders on notice that they must be secured and if they are not, the city can and will seek remedies to protect the properties and neighbors.