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HomeMy WebLinkAbout97-053 . . . STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS RESOLUTION NO. 97-53 A RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS UNDER MINNESOTA STATUTES 463.15, ET. SEQ. RELATIVE TO 1369 FOREST LANE WHEREAS, the structure (the "Building") on 1369 Forest Lane, Arden Hills (the "Property"), was extensively damaged by fire on or about June 16, 1997; and WHEREAS, the City has unsuccessfully attempted to have the owner of the Building make certain necessary repairs to Building; and WHEREAS, over five (5) months have passed since the fire and the Building has not been repaired; and WHEREAS, the Building has deteriorated to the point where it is determined that the Building, because of inadequate maintenance, dilapidation, physical damage, unsanitary conditions, and/or abandonment, constitutes a fire hazard or hazard to the public safety or health for the reasons, among others, set forth in the attached Findings and Order Finding Hazardous Building Nuisance (the "Findings and Order"); and WHEREAS, sutlicient efforts have been made by the City to arrange for the abatement of the conditions at the Property as set forth in the Report of the Building Otlicial dated October 24, 1997; and WHEREAS, the City has proceeded in good faith to resolve the matter, but, because of the lack of any meaningful effort by the Property Owner to abate the conditions or resolve the matter, the City now finds that in the interest of the public, it is required to act to abate the Conditions pursuant to Minn. Stat. Section 463.15 et. seq. (the "Hazardous Building Statute"); and WHEREAS, given the length oftime since the fire and opportunity of the Property Owner to abate the conditions, a reasonable time within which the Property Owner to complete the abatement of the conditions is set forth in the attached Findings and Order. NOW, THEREFORE, BE IT RESOLVED that the City Council of Arden Hills, Minnesota, hereby adopts the attached Findings and Order pursuant to the Hazardous Building Statute and hereby directs the City Staff and Attorney to proceed pursuant to the Hazardous Building Statute or otherwise to implement the directives as set forth in said Order. -', Ii." . . . PASSED AND ADOPTED BY THE CITY COUNCIL 0 THE CITY OF ARDEN HILLS THIS 27TH DAY OF OCTOBER, 1997. ATTEST: BRi~ClTY ADMINISTRATOR IS PROBST, MAYOR . EXHIBIT A FINDINGS AND ORDER DETERMINING THE EXISTENCE OF A HAZARDOUS BUILDING FINDINGS On this 27th day of October, 1997, the City Council of the City of Arden Hills hereby determines, pursuant to Minnesota Statutes 463.15, et. seq. (the "Hazardous Building Statute") that the building (the "Building") located at 1369 Forest Lane in the City of Arden Hills, Minnesota, is a "Hazardous Building" as defined by Minnesota Statute 463.15, Subd. 3, which provides as follows: Subd.3. Hazardous building or hazardous property. "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. . This finding is based on the information provided by David Scherbel, City Building Inspector, and other members ofthe City Staff, including but not limited to inspection/violation report and the photos and documents included with the report which report has been previously or contemporaneously provided to the Council. Specifically, the Council finds the following conditions exist, among others, which make the building a Hazardous Building: 1. As used in these Findings and Order, the phrase "Property Owner" shall be deemed to be Steven Nixon, last known address: 1369 Forest Lane, Arden Hills, Minnesota 55112. The records ofthe Ramsey County Recorder indicate that the Building, and property on which it is located, is in the name of "Marlys Nixon", whom on information and belief is the Mother ofthe Property Owner and who is now deceased. The Property Owner has been the principal occupant ofthe Building for many years. The records of the Ramsey County Recorder do not show the existence of any lienholders; 2. The Building was extensively damaged by fire, smoke and water on or about June 16, 1997; 3. The Building is a Dangerous Building as defined by Section 302 of the Uniform Code for the Abatement of Dangerous Buildings as incorporated into the City code in Section 6-18; 4. The Building injures or endangers the comfort, repose, health, or safety of others; . 5. The Building is offensive to the senses; 6. The Building essentially interferes with the comfortable enjoyment oflife and property, or tends to depreciate the value of the property of others; . 7. Based on these Findings, it is further found that the Building is a nuisance as defined by Chapter 16 of the City Code. 8. The stress in certain materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. 9. A portion thereof has been damaged by fire, earthquake, wind, floor or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings or similar structure, purpose or location. 10. Portions, members or appurtenances thereof is\are likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property . 11. . A portion of the Building, and certain members, appurtenances or ornamentation on the exterior thereof is\are not of sufficient strength or stability, or is\are not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. 12. The Building or a portion thereof, is manifestly unsafe for the purpose for which it is being used. 13. The Building has been constructed, exists or is maintained in violation of any specific requirements or prohibitions applicable to Building provided by the building regulations of this jurisdiction, as specified in the Building Code or Housing Code, and of any other laws or ordinances of this state or jurisdiction relating to the condition, location or structure of buildings. 14. The Building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent if the (i) strength (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. . 15. The Building used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, has been determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. . All findings and conclusions set forth in the Resolution directing this Order are hereby incorporated herein, which Resolution shall be served along with a copy of this Order as set forth below. ORDER . BASED ON THE ABOVE FINDINGS, the City Council determines that this Building is a "hazardous building" within the meaning of the Hazardous Building Statute and demands that corrective action be taken by the Property Owner. Corrective action shall include the completion of all steps necessary to bring the Building into compliance with all applicable City Codes and abating all violating conditions set forth in the Findings, above. Attached to this Findings and Order as Exhibit A is a list of items, as determined by the Building Official as of the date hereof, which need to be completed in order to comply with this Order. As the work progresses, further investigation may reveal that additional steps need to be taken in order to bring the Property into compliance with applicable City Codes. You will be advised of any such additional steps, in writing, by the Building Official or City Administrator. This Order shall be served upon the Property Owner, and any lien holder of record, pursuant to Minnesota Statute 463.17, who shall have twenty (20) days from the date of service to interpose an Answer to this Order. A copy of the Order with proof of service shall be filed with the Court Administrator. If corrective action is not commenced within forty-five (45) days and completed with ninety (90) days of the date of service, and an Answer is not timelY~lle pursuan. t to Minnesota Statute 463.18, a Motion for Summary Enforcement will be .v/ e o. the District Court of Ramsey County. / ,// f j / /~ ./ ATTEST: /4Jl BRIAN FRITSINGER, CITY ADMINISTRATOR . . . . STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS CERTIFICATION I hereby certify that the attached resolution is a true and correct copy of the resolution presented to and adopted by the City of Arden Hills at a duly authorized meeting thereof held on the 27th day of October, 1997, as shown by the minutes of said meeting in my possession. BR[AN~~SjMTOR (SEAL)