CCP 01-25-1999 - Laserfiche WebLink

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f ~~ e The following is a brief surmnary of tlJe codes indicating tlJe autlJority that allows for the City to declare the building a ''hazardous building" and unfit for human habitation. Section 102 from 1994 UBC states all unsafe building, 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 Statutes (the "Hazardous Building Statute''). These are Sections 6-16 and 6-18 of tlJe Code. (It should be noted that Section 6-18 refers to Uniform Code for the Abatement of Dangerous Buildings (tlJe "UCADB"). Section 6-16 refers to the State's Uniform Building Code (tlJe "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 tlJe Hazardous Building Statute. The UBC has to be followed, basically witlJout arnendment, throughout the State. Thus, while Section 6-18 of tlJe 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 tlJe proposed Findings and Order. Findinl!S and Order The proposed Findings contain a list of 1 0 items. In item #2 Staff has included tlJe Code enforcement letters from 1989 indicating that tlJe home has been vacant for over 10 years. In .. items #3-10 of the Findings and Order, Staffhas identified all of these conditions to exist at 1875 _ Lake Lane. Staffhas included the relevant photographs of the property that were taken on August 10th, 1998, during a meeting witlJ Bonnie Teslow. Staff concludes that these photos will help substantiate tlJe conditions identified in the Findings and Order. Abatement Process The Hazardous Building Statute sets forth tlJe 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. Staff estimates approximately 45 to 60 days to obtain a hearing on the matter, after the resolution has been signed. A decision can then be expected on the matter within one to two weeks after the hearing. Budeet ImDact At this time, Staff is only requesting autlJorization to begin commencement of abatement proceedings at 1875 Lake Lane. Staff estimates cost shall be minimal, basically for Staff costs relating to preparing the Findings and Order, the resolution, and City Attorney fees in preparing and consultation for the above items. Only after tlJe order has been served and tlJe appropriate time has elapsed with no response, will Staff pursue this matter further. This most likely will entail: 1. Procuring three (3) estimates for the abatement of tlJe hazardous conditions identified . in Exhibit A, tlJe Findings and Order.