CCP 08-10-1998 - Laserfiche WebLink

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