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AGENDA RECOMMENDATION |
8.B.
City Council Regular Meeting
- Meeting Date:
- 08/10/2026
Agenda Item:
Resolution ordering the abatement of hazardous structure and conditions, code violations and public nuisances at 312 Hubbell Avenue in the City of Mankato.
Recommendation/Action(s):
Adoption of the attached resolution.
Summary:
Alastair Weston resides at 312 Hubbell Avenue and is acquiring the property through a Contract for Deed from his parents, Sandra and Norman and Weston. The City has received numerous complaints of nuisance and hazardous conditions at the property over the course of many years.
In June 2024, after getting consent from the property owners, city staff inspected the exterior of the property and found and documented numerous code violations and nuisance conditions existing in the yard and on the porch of the dwelling on the property. The property owners voluntarily entered into an Abatement Agreement with the City in August 2024. The nuisance conditions existing in the yard and on the porch of the house were cleaned twice by the City pursuant to the Agreement with the property owners.
On July 13, 2026, Sandra Weston and Alastair Weston consented to multiple members of city staff to come onto the property and enter the dwelling to inspect both the exterior and the interior of the residence. The City had an interdisciplinary team present at the inspection. Photographs were taken and are provided as Exhibit B to the Resolution (see attached), and include renewed nuisance conditions in the yard and on the exterior porch of the property, including debris and junk vehicles in the yard, trash, clothes, household items, mattresses, old furniture, junk and construction materials.
During the inspection on July 13, 2026, the City’s Building Official found multiple building code violations and safety issues that pose an immediate danger to public health and safety, as described in the Order to Vacate (attached Exhibit A), which was delivered to the property owners and posted at the property.
City staff, while on site at the time of the inspection, were informed that the basement stairs were not structurally safe for anyone to go down into the basement and that, in addition to other unsafe and nuisance conditions, there was standing sewage in the basement.
Minn. R. 1300.0180 authorizes city building officials to order any building or portion of a building to be vacated if its continued use is dangerous to life, health, or safety of the occupants and further provides building officials with authority to order disconnection of utility services to any building, structure, or system, regulated by the code, in the case of an emergency to eliminate a hazard to life or property. After the Building Official found violations related to improper installation or maintenance of electrical equipment, he contacted Xcel Energy pursuant to his authority under Minnesota Rule 1300.0180, and Xcel Energy disconnected the utility services to the residence because of several electrical and mechanical system hazards.
The Building Official found that other interior conditions and violations on the property pose an immediate risk to public health, welfare, and safety, including violations of the 2020 Minnesota State Fire Code, the 2020 Minnesota State Residential Code, and City of Mankato Ordinance Chapter 5, Article 1, Section 5-1, which included exposed and damaged electrical wiring and fixtures, improper use of extension cords and power strips, missing electrical cover plates, missing or broken windows, removed or inoperable plumbing and kitchen facilities, obstructed and inadequate means of egress, missing handrails and guardrails, a deteriorated access sidewalk, removal of required smoke and carbon monoxide alarms, and hazardous accumulation of household belongings that creates a heavy fuel load and restricts access to plumbing and mechanical equipment. As a result of these documented conditions, the Building Official determined that the conditions collectively create fire, electrical, sanitation, and egress/access conditions that create a danger to health and safety. The conditions also represent health and safety hazards, and expose the dwelling to the elements, as well as prevent compliance with minimum standards for heating, light, ventilation, sanitation, and maintenance. As a result of these conditions, the Building Official posted an Order to Vacate the property.
Following the Order to Vacate, the City Council, on July 30, 2026, using Minn. Stat. §463.251, subd. 4 and Section 2.15 of the City of Mankato Charter, passed an Emergency Ordinance authorizing the emergency securing of the vacant building because it presents an immediate danger to the health and safety of persons in the community.
City staff are further recommending the attached Order to Abate the property. The property owner will be given 20 days to respond to the Abatement Order. The requirements included in the draft abatement order are as follows:
If the property owner is able to address the issues listed above to the satisfaction of the City in the 20 days, it is possible no further action may be taken. Should the conditions persist, the order allows the City to go to the Court, following the 20 days to seek an order to abate the property, up to and including demolition.
In June 2024, after getting consent from the property owners, city staff inspected the exterior of the property and found and documented numerous code violations and nuisance conditions existing in the yard and on the porch of the dwelling on the property. The property owners voluntarily entered into an Abatement Agreement with the City in August 2024. The nuisance conditions existing in the yard and on the porch of the house were cleaned twice by the City pursuant to the Agreement with the property owners.
On July 13, 2026, Sandra Weston and Alastair Weston consented to multiple members of city staff to come onto the property and enter the dwelling to inspect both the exterior and the interior of the residence. The City had an interdisciplinary team present at the inspection. Photographs were taken and are provided as Exhibit B to the Resolution (see attached), and include renewed nuisance conditions in the yard and on the exterior porch of the property, including debris and junk vehicles in the yard, trash, clothes, household items, mattresses, old furniture, junk and construction materials.
During the inspection on July 13, 2026, the City’s Building Official found multiple building code violations and safety issues that pose an immediate danger to public health and safety, as described in the Order to Vacate (attached Exhibit A), which was delivered to the property owners and posted at the property.
City staff, while on site at the time of the inspection, were informed that the basement stairs were not structurally safe for anyone to go down into the basement and that, in addition to other unsafe and nuisance conditions, there was standing sewage in the basement.
Minn. R. 1300.0180 authorizes city building officials to order any building or portion of a building to be vacated if its continued use is dangerous to life, health, or safety of the occupants and further provides building officials with authority to order disconnection of utility services to any building, structure, or system, regulated by the code, in the case of an emergency to eliminate a hazard to life or property. After the Building Official found violations related to improper installation or maintenance of electrical equipment, he contacted Xcel Energy pursuant to his authority under Minnesota Rule 1300.0180, and Xcel Energy disconnected the utility services to the residence because of several electrical and mechanical system hazards.
The Building Official found that other interior conditions and violations on the property pose an immediate risk to public health, welfare, and safety, including violations of the 2020 Minnesota State Fire Code, the 2020 Minnesota State Residential Code, and City of Mankato Ordinance Chapter 5, Article 1, Section 5-1, which included exposed and damaged electrical wiring and fixtures, improper use of extension cords and power strips, missing electrical cover plates, missing or broken windows, removed or inoperable plumbing and kitchen facilities, obstructed and inadequate means of egress, missing handrails and guardrails, a deteriorated access sidewalk, removal of required smoke and carbon monoxide alarms, and hazardous accumulation of household belongings that creates a heavy fuel load and restricts access to plumbing and mechanical equipment. As a result of these documented conditions, the Building Official determined that the conditions collectively create fire, electrical, sanitation, and egress/access conditions that create a danger to health and safety. The conditions also represent health and safety hazards, and expose the dwelling to the elements, as well as prevent compliance with minimum standards for heating, light, ventilation, sanitation, and maintenance. As a result of these conditions, the Building Official posted an Order to Vacate the property.
Following the Order to Vacate, the City Council, on July 30, 2026, using Minn. Stat. §463.251, subd. 4 and Section 2.15 of the City of Mankato Charter, passed an Emergency Ordinance authorizing the emergency securing of the vacant building because it presents an immediate danger to the health and safety of persons in the community.
City staff are further recommending the attached Order to Abate the property. The property owner will be given 20 days to respond to the Abatement Order. The requirements included in the draft abatement order are as follows:
- repairing the dwelling’s windows so that they comply with the Building Code;
- ensuring the dwelling’s plumbing systems and fixtures, water systems, mechanical equipment, electrical equipment, sanitation fixtures, carbon monoxide alarms, smoke alarms, and interior coverings and wall finishes are properly installed and in a safe, working and approved manner. Further, the interior of the dwelling must comply with all egress requirements;
- removing the junk vehicle(s) from the property; and
- removing the junk, debris, furniture, household items, clothing, garbage, scrap metal, auto body parts, construction materials, and equipment from the property.
If the property owner is able to address the issues listed above to the satisfaction of the City in the 20 days, it is possible no further action may be taken. Should the conditions persist, the order allows the City to go to the Court, following the 20 days to seek an order to abate the property, up to and including demolition.