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HomeMy WebLinkAbout99-008 . . . STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS RESOLUTION NO. 99-08 RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS UNDER MINNESOTA STATUTE 0463-15, ET. SEQ. RELATIVE TO 1875 LAKE LANE. WHEREAS, the building and other structures (collectively, the "Building") located at 1875 Lake Lane, Arden Hills (the "Property"), has been vacant and not maintained for approximately ten (10) years. WHEREAS, the City has unsuccessfully attempted to have the owner of the Property (the "Property Owner") make certain necessary repairs to the Building or otherwise abate conditions on the Property which are in violation of certain provisions of the City Code. WHEREAS, as used in this resolution, the phrase" Property Owner" shall be deemed to be, collectively, Bonnie Teslow, last known address: 1875 Lake Lane, Arden Hills, MN 55112, and Brice Scott, 3375 Lake Johanna Blvd, Arden Hills, MN 55112. The records of the Ramsey County Recorder indicate that said Bonnie Teslow is the fee owner of the Property. Upon information and belief, Brice Scott is the purchaser of the Property pursuant to a Contract for Deed, dated December 30th, 1998. WHEREAS, the Building has deteriorated to the point where it, 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 Determining the Existence of Hazardous Buildings (the "Findings and Order"). WHEREAS, sufficient 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 inspector dated January 25, 1999, together with any additional conditions which are referred to in the attached Findings and order (the "Conditions"). 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") . i'i.! h'Z 11.;:!.~{1'i '<4:;- ' . . . WHEREAS, given the length of time the Building has been vacant and not maintained, and the 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. PASSED AND ADOPTED BY THE CITY COUNC HILLS THIS !1j:!~ DAY OF Jc.,.,,,, if?! ' 1999. E CITY OF ARDEN AT1B:~gt BRIAN FRITSINGER, CITY ADMINISTRATOR . . . FINDINGS AND ORDER DETERMINING THE EXISTENCE OF A HAZARDOUS BUILDING INTRODUCTION AND RECITALS On this 25th day of January, 1999, the City Council of the City of Arden Hills (the "Council") hereby determines, pursuant to Minnesota Statutes 463.15, et. seq. (the "Hazardous Building Statute") that the dwelling and all other structures (collectively, the "Building") located at 1875 Lake Lane, in the City of Arden Hills, Minnesota (collectively the "Property") 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 information provided by David Scherbel, City Building Inspector, and other members of the City Staff. Said information includes, but is not limited to, the inspection/violation report (the "Report") and any photos and documents included with the Report, which Report has been previously or contemporaneously provided to the Council. All of the conditions described in the Report are hereby incorporated by reference. Specifically, the council finds the following conditions exist, among others, which make the Building a "Hazardous Building" within the meaning of that phrase as contained in the Hazardous Building Statute: . . . FINDINGS 1. As used in these Findings and Order, the phrase "Property Owner" shall be deemed to be collectively, Bonnie Teslow, last known address, 1875 Lake Lane, Arden Hills, MN 55112 and Brice Scott. The records of the Ramsey County Recorder indicate that said Bonnie Teslow is the fee owner of the Property. Upon information and belief, Brice Scott is the purchaser of the Property pursuant to a Contract for Deed, dated 12/30/98. The records of the Ramsey County Recorder do not show the existence of any lienholders. 2. The Building has not been occupied for approximately ten (10) years and has not been maintained during that period of time. 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 lllJures 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 of life and property, or tends to depreciate the value of the property of others; 7. Based on the above Findings, it is further found that the Building is a nuisance as defined by Chapter 16 of the City Code. 8. The Building, or a portion thereof, is manifestly unsafe for the purpose for which it is being used or may be used. 9. 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 Building. . . . 10. The Building, if 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 or Building Inspector to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; I I. The Building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Building Inspector or fire marshal to be a fire hazard. 12. It is the opinion of the Building Inspector that the condition of the Building is such that in all likelihood it is not feasible to repair or reconstruct the Building or to bring the Building into compliance with the applicable provisions of the City Code, and that, therefore, the only way to abate the conditions (the "Conditions") referred to above (or incorporated herein by reference) is to demolish the building. The Council agrees with this opinion. 13. The Building Inspector has had many conversations or other communications with said Bonnie Teslow, or some other person acting on her behalf, regarding condition of the Building and the repair or demolition thereof. These conversations or other communications have not resulted in any meaningful improvement to the condition of the Building or the abatement of the Conditions. 14. The dates and requirements scheduled and set forth on the attached Exhibit A are reasonable considering the many opportunities in the past for the property owner to abate the Conditions or otherwise address the violations which exist on the Property. All findings and conclusions set forth in the Resolution directing this Findings and order, as well as any other findings which may have been made in the Introduction and Recitals hereto, are hereby incorporated herein, which Resolution shall be served along with a copy of this Findings and Order as set forth below. . . . ORDER BASED ON THE ABOVE FINDINGS, the City Council determines that the 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 inspector 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. The Property Owner will be advised of any such additional steps, in writing, by the Building Inspector or City Administrator. This Order shall be served upon the Property Owner, and any lien holder of record, pursuant to Minnesota Statute 8463.1'7, 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 the Conditions are not completely abated, and any additional corrective action set forth in Exhibit A is not completed as set forth in Exhibit A and an Answer is not timely filed, pursuant to Minnesota Statute 8463.18, a Motion for Summary Enforcement will be made to the District Court of Ramsey County. Said Motion may request, among other things, an order permitting the City to demolish the Building in the Hazardous Building Statute. DENNIS PROBST, MAYOR Am;~ /' BRIAN FRITS INGER, CITY ADMINISTRATOR . . . 1.) 2.) 3.) 4.) Exhibit A to Resolution 99-08 Submit detailed information regarding the extent ofrepairs to the home at 1875 Lake Lane. The information shall indicate whether wall material is to be removed, new insulation installed, electrical service updated, new furnace system installed, etc. It shall also indicate to what extent plumbing fixtures and cabinets are to be replaced. This information is to be submitted no later than 2/1/99. A detailed inspection of the property by the City of Arden Hills, with the owner of the property, to determine the extent of the repairs to be completed. This inspection to take place no later than 2/1/99. Demolition of the garage by 2/15/99 or a permit taken out by 2/8/99 and repairs completed by 5/1/99. Permits for all work to be obtained prior to 2/8/99, with a Certificate of Occupancy to be obtained by 5/1/99.