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HomeMy WebLinkAbout96-071 - - . CITY OF ARDEN HILLS RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION NO. 96-71 A RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS UNDER MINNESOTA STATUTES 463.15, ET. SEQ., RELATIVE TO 1900 EDGEW ATER AVENUE WHEREAS, the structure (the "Building") on 1900 Edgewater Avenue, Arden Hills (the "Property"), was extensively damaged by fire on or about September 15, 1993; and WHEREAS, the City has unsuccessfully attempted to have the owner of the Building either rebuild or remove the Building; and WHEREAS, over three years have passed since the fire and the Building has not been rebuilt or removed; 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 Order Finding Hazardous Building Nuisance. WHEREAS, among the efforts made by the City to abate the conditions at the Property include, but are not necessarily limited to, providing notice, under the Uniform Code For the Abatement of Dangerous Buildings, to the owner of the Property (the "Property Owner") on January 9,1996 to abate the conditions within 180 days, sending a similar notice to the owner of the Property and first mortgage holder on June 17, 1996, and offering to purchase the Property from the Property Owner at fair market value within the last month, to which offer the Property Owner did not even respond. WHEREAS, the City has proceeded in good faith to resolve the matter, but, because ofthe 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 Minnesota Statute Section 463.15 et. seq. (the "hazardous Building Statute"). WHEREAS, given the length of time since the fire and the numerous orders and opportunity to abate the conditions, a reasonable time within which the Property Owner to complete the abatement of the conditions is forty-five (45) days from the date of service of the attached Order on the Property Owner and any mortgage lien holder. . . . Resolution #96-71 December 16, 1996 Page Two NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the City Council hereby adopts the attached Order pursuant to the Hazardous Building Statute and hereby directs the City staff and City Attorney to proceed pursuant to the Hazardous Building Statute or otherwise to implement the directives as set forth in said Order. PASSED AND ADOPTED BY THE CITY COUNCIL OF TH CITY OF ARDEN HILLS THIS 16TH DAY OF DECEMBER, 1996. DENNIS PROBST, MAYOR ATTEST: ~' /' i BRIAN-FRlTSIN? ~, '!TY ~MINISTRATOR . e e ~L\j OJ .n:'lC1C~Vi\ fl\..-tH OL..i'\.U.I1.-V, ,1'::::-10-;:10 ' d.QO .rC1C~~~\ [KA~ OL~U.a~~ 01.:::: QJJ /OLl;:l,;: 0/ , FIRDIIIGS AlII) ORDER TIaDING HAZARDOUS BUILDING HUISAlfCe: ORDER OF THE ARDEN HILLS CITY COUNCIL: FIRDIIlGS On this 16th day of December, 1996, 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 "Buildi.ng") located at 1900 Edgewater in the City of Arden Hills, Minnesota, is a "Hazardous Building" as defined by Minnesota Statute 463.15, Subd. 3. This finding is based on information provided by David Kriesel, City Building Inspector, and other members of the City Staff, includin9 but not limited to inspection/violation report and the photos and documents included with the report which report has been previously provided to the Council. specifically, the Council finds the following conditions exist, among others, which make the building a Hazardous Building: 1. The Building was extensively damaged by fire on or about September 15, 1993; 2. The Building was damaged to such an extent that the structural strength or stability is materially less than it was before it was damaged and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose, or location; J. The Building ie likely to fail, or to become detached or dislodged, or to collapAe and thereby injure persons or damage property; 4. The Building was extensively damaged by fire and is currently manifestly unsafe; 5. The Building has damage or deterioration in excess of 33 percent of its supporting members; 6. The Building has damage or deterioration in excess of 50 ")L.H 01 .r-r:.ICl'i...)V.~ fl\.-i..fj DCfiU:~L-L" .1'::::-lJ-<:}Q , ;j.00 ,rc.-I c.l\...)V;\ nc.-t.ll nc.r;:l.J.~H~ OL::: OJJ IOJ';j.;: Q/ I percent of its nonsupporting members, enclosing or outside walls or coverings; . 7. The damage or deterioration of the Building relates to its strength, fire-resistance qualities or characteristics, and weather-resisting qualities or characteristics 1 8. The Building was damaged in excess of 75 percent of its value; 9. The Building has been abandoned for a period in excess of three years; 10. 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; 11. The Building injures or endangers the comfort, repose, health, or safety of others; 12. The Building is offensive to the senses; 13. The Building essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others; 14. The Building is in such a dilapidated condition that it is unfit for human habitation; e 15. The Building has not been "completed" for a continuous period of two years; and 16. The Building is a nuisance as defined by Chapter 16 of the City Code. 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. ORDER BASED ON THE ABOVE YIHDIHGS, 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, Kathy A. Skewers f/k/a Kathy VerDorn. e , , , JL.'J OJ .rc(CJ'i,;)V;'o fl'\...-LH. OCKl1)L1...'l ,J."::'-10-;:I0 . 'ij-Ol ,rr.JU,)VI' rt'\d.~J nCJ.i:.l.J,VL-!..... ou: GtJ0 100;:1.;;' /1 , 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. This Order shall be served upon the Property Owner, and any lien holder of record, specifically including C.u. Mortgage Services, Inc., 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 taken and completed within forty-five (45) days of the date of service, and an Answer is not timely filed, a Motion for Summary Enforcement will be made to the District Court of Ramsey County. DENNIS PROBST, MAYOR ATTEST r BRIAN FRITS INGER, CITY ADMINISTRATOR b/J/ll...n1 . e e CITY OF ARDEN HILLS MEMORANDUM DATE: December 13, 1996 TO: Mayor and City Council ~ Brian Fritsinger, City Administrat~ 1900 Edgewater Avenue, Resolution #96-71 FROM: SUBJECT: Back1:round The City Council adopted Resolution #96-59 at its October 15, 1996 City Council meeting addressing the abatement of 1900 Edgewater A venue. This resolution authorized the negotiated purchase and/or condemnation of 1900 Edgewater Avenue. Due to some technical problems in the preparation of the Purchase Agreement, the offer to purchase the property was not delivered until November 26, 1996. The Purchase Agreement gave the property owner until December 10, 1996 to accept the offer made by the City. The property owner did not respond to the offer. However, she has been in contact with staff. Shc contacted Mr. Kriesel on December 13, 1996 expressing an interest in pulling a Building Permit to continue her efforts at rehabilitating the building. Staff responded that because the building has been found to be dangerous and hazardous it will not issue a Building Permit at this time, and that it intends to follow through with the abatement process. On December 12,1996, r contacted the City Attorney to determine the status of the abatement process and ifthere were any additional follow-up items the City needed to complete. Mr. Miller indicated that the previous resolution, drafted and recommended by the attorney, was not sufficient to complete the abatement. He recommended the City adopt an additional resolution which specifically refers to Minnesota State Statute, The attached resolution outlines the findings declaring the building a hazardous nuisance. The adoption of this resolution provides the property owner with an additional twenty (20) days to respond to the order. rfthe property owner responds, the case will go to court. State Statute also requires a "reasonable period" be given to abate an order. The attorney has recommended forty-five (45) days to take corrective action, Mr. Miller will be scheduling a court date when this notice is served to the property owner. With the holidays, he does not expect to be able to schedule a court date until later next month, thus the decision to recommend a forty-five (45) day reasonable period. The City will seek summary enforcement from Ramsey County at the court date to expedite the process. Memorandum - 1900 Edgewater Avenue, Resolution #96-71 Page Two December 13, 1996 . Recommendation The City Attorney recommends the Council adopt Resolution #96071, Authorizing the Commencement of Proceedings under Minnesota Statutes 463.15, ET. SEQ., Relative to 1900 Edgewater Avenue, BF/sls e e e . . CITY OF ARDEN HILLS 1450 WEST HIGHWAY 96 ARDEN HILLS. MN 55112-5794 SEND TO: ,--. J ~Q.'11 hl\ ~ FAX# d:2K' - r Ih3 PHONE # t). ----- /). 1\ ( (~~"<lL-(, \-(<+S\,,~>:(\ /_~~~ ~W\I',~ ~, I:) 1\ 7 r'7? ,/ TIME ~,: ~ 'r"" ~3>':i~," . .. :o-\~, MESSAGE FROM: DATE: NO, OF PAGES, INCLUDING THIS PAGE ,~ NOTES: *** IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL *** PHONE: 16121 633-5676 . FAX 16121 633-7839