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CCP 08-10-1998
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CCP 08-10-1998
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<br />---------- <br />. <br />Code Items . <br />The following is a brief summary of the codes indicating the authority that allows for the City to <br />declare the building a 'hazardous building' and unfit for human habitation, Section 102 from the <br />1994 Uniform Building Code ("UBC") states all unsafe buildings, structures, or appendages are <br />hereby declared to be public nuisances and shall be abated in accordance with the procedures set <br />forth in Sections 463.15 to 463.26 of Minnesota Statues (the "Hazardous Building Statute"). <br />These are Sections 6-16 and 6-18 of the Code. (It should be noted that Section 6-18 refers to <br />Uniform Code for the Abatement of Dangerous Buildings (the "UCADB"). Section 6-16 refers <br />to the State's UBC. While the UBC, in its original version, allows abatement of hazardous <br />buildings pursuant to the UCADB, it was amended by the Commissioner of Administration to <br />require that hazardous buildings be abated in accordance with the Hazardous Building Statute. <br />The UBC has to be followed, basically without amendment, throughout the State, Thus, while <br />Section 6-18 of the Arden Hills Code allows abatement pursuant to the UCADB, it is preempted <br />by the UBC, and; therefore, the City has to pursue abatement pursuant to the Hazardous Building <br />Statute. <br />A definition of what constitutes a "hazardous building" pursuant to the Hazardous Building <br />Statute is referred to in the Proposed Findings and Order. <br />Findings & Order <br />The proposed findings contain a list of 19 items. Staff found items 3 thru 16 to currently exist at . <br />3171 and 3183 N. Lexington. The enclosed photographs will help substantiate the extremely <br />poor condition of these homes. These buildings are considered to be dangerous and need to be <br />removed as quickly as possible. The buildings are open to trespass. Neighbors have sighted <br />young people in the buildings, and the buildings literally are rotting away with parts of the <br />structure falling from them. <br />Abatement Process <br />Because of the extremely poor and unsafe condition these buildings are in, staff would like to <br />move the process along quickly. First, Staff would direct the City Attorney to procure a court <br />date for sometime after the 30th of August. The City has given Mr. Andersen until August 30th, <br />1998 to have the buildings removed, IfMr. Andersen does not remove the buildings by August <br />30th, 1998, then staff would seek Court permission for the demolition of the properties at 3171 & <br />3183 North Lexington Avenue. This demolition would not only include the two homes at 3171 <br />& 3183 North Lexington A venue, but also the two existing garages, and a boat/storage house <br />located on the property. <br />The Hazardous Building Statute sets forth the abatement proceedings, Staffwill work closely <br />with the City Attorney in regards to the proper procedures to be taken in order to be in full <br />compliance with all rules and regulations. <br /> . <br />
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