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HomeMy WebLinkAbout98-051 .... e . . STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS RESOLUTION NO.98-51 RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS UNDER MINNESOTA STATUTES ~463.15, ET. SEQ. RELATIVE TO 3171 AND 3183 LEXINGTON. WHEREAS, the buildings and other structures (the "Buildings") located at 3171 and 3183 Lexington Avenue, Arden Hills (the "Property"), have been vacant and not maintained for approximately twenty (20) years. WHEREAS, the City has unsuccessfully attempted to have the owner of the Buildings make certain necessary repairs to Buildings or otherwise abated conditions on the Property which are in violation of certain provisions of the City Code; and WHEREAS, the Buildings have deteriorated to the point where they, 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 July 28, 1998. 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") . WHEREAS, given the length of time the Buildings have 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. -t.1) 'r'l\ ('l . . 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 COUNCIL OF THE CITY OF ARDEN HILLS THIS 10th DAY OF August ?J:rivlL 1li~~X~~JSliX,X~ PAUL L. MALONE, ACTING MAYOR ATTEST: // . BRIAN FRITSINGER, C Y ADMINISTRATOR b/j/3171-1.resolution . . FINDINGS AND ORDER DETERMINING THE EXISTENCE OF A HAZARDOUS BUILDINGS INTRODUCTION AND RECITALS On this 10th 1998, the City August day of Council of the City of Arden Hills (the "CouncilU) hereby determines, pursuant to Minnesota Statutes 463.15, et. seq. (the "Hazardous Building Statute") that the buildings and structures intended to be, and once used as, dwellings, together with one 26' X 11t two-car garage, one 30' x24' below grade garage, and one boat . house/storage building (the "BuildingsU) located at 3171 and 3183 . Lexington Avenue North, in the City of Arden Hills, Minnesota (collectively the .PropertyU) are all "Hazardous Buildings" 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 1 . . . Staff. Said information but limited to includes not inspection/violation report and the photos and documents included with said report, which report has been previously or contemporaneously provided to the Council. All of the conditions described in said report are hereby incorporated by reference. Specifically, the Council finds the following conditions exist, among others, which make the Buildings Hazardous Buildings: FINDINGS 1. As used in these Findings and Order, the phrase "Property Owner" shall be deemed to be Anthony Andersen, last known address: 2424 Territorial Road, St. Paul, MN 55114, which is the address used by the Property Owner for in connection with correspondence sent by him to the City. The address on the tax records for the Property Owner is P.O. Box 26190, St. Paul, MN 55126-0190. The records of the Ramsey County Recorder indicate that said Anthony Andersen is the record owner of the Property. The records of the Ramsey County Recorder and Ramsey County Registrar of Titles do not show the existence of any lienholders. The legal descriptions of the parcels, lying in Ramsey County, constituting the Property are as follows: 3171 Lexinoton Avenue: The North 80 feet of the South 157.4 feet of all that part of the South ~ of Lot 7, Section 34, Township 30, Range 23, lying North of the South 6 acres of said Lot 7, together with and subject to a perpetual right-of-way over than certain roadway running from Lexington Avenue Westerly toward Lake Josephine at a point approximately 196.45 feet South 2 . of the Northerly line of South X of that part of Government Lot 7 lying North of the South 6 acres thereof. 3183 Lexinqton Avenue: The North 80 feet of the South 237.40 feet of that part of Government Lot 7, North of the South Six acres in Section 34, Township 30, Range 23. 2. The Buildings have not been occupied for approximately twenty (20) years and have not been maintained during that period of time. The Buildings, even though they are on separate parcels, are in essentially the same condition, and these Findings apply equally to each of the Buildings. 3 . The Buildings are Dangerous Buildings 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 Buildings inj ure or endanger the comfort, repose, health, or safety of others; 5. The Buildings are offensive to the senses; 6. The Buildings essentially interfere with the comfortable enjoyment of life and property, or tend to depreciate the value of the property of others; 7. Based on the above Findings, it is further found that the Buildings are a nuisance as defined by Chapter 16 of the City Code. 8. The stress in certain materials, ember 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 Buildings Code for new Buildings of similar structure, purpose or location. 9. A portion of the Buildings has been damaged by fire, . 3 . 10. 11. . 12. 13 . 14. . 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 Buildings Code for new Buildings or similar structure, purpose or location. 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. A portion of each of the Buildings, 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. The Buildings, or a portion thereof, are unsafe for the purpose for which it is being be used. manifestly used or may The Buildings have been constructed, exist or are maintained in violation of any specific requirements or prohibitions applicable to Buildings 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. The Buildings which, whether or not erected in accordance with all applicable laws and ordinances, have in any non- supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of 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 buildings of like area, height and occupancy in the same location. 4 15. The Buildings, 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. . 16. The Buildings, 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. 17. It is the opinion of the Building Inspector that the condition of the Buildings is such that in all likelihood it is not feasible to repair or reconstruct the Buildings to bring them 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 Buildings. The Council agrees with this opinion. . 18. 19. . The Building Inspector has had many conversations or other communications with the said Anthony Andersen, or some other person acting on his behalf regarding condition of the Buildings and the repair or demolition thereof. These conversations or other communications have not resulted in any meaningful improvement to the condition of the Buildings. Said Anthony Andersen has been given the date of August 15, 1998 to abate the Conditions, which date is a reasonable date considering the many opportunities in the past for Anthony Andersen to abate the Conditions or otherwise address the violations which exist on the Property. Nevertheless, the Council agrees with the timelines and deadlines set forth in the attached Exhibit A in order to allow the Property Owner additional time to abate the Conditions without further significant 5 . . . involvement by the City. All findings and conclusions set forth in the Resolution directing this 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 Order as set forth below. ORDER BASED ON THE ABOVE FINDINGS, the City Council determines that the Buildings are a "hazardous buildings II within the meaning of the Hazardous Buildings 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 Buildings 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 and a timetable, 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 6 . Inspector 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 set forth in Exhibit A is not commenced by August 20, 1998 and completed by: a. August 30, 1998, if the Property Owner chooses to demolish; or, b. October 15, 1998 if the Property Owner chooses to repair, ... and an Answer is not timely filed, pursuant to Minnesota Statute ~463.18, then 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 Buildings and assesses or collect its costs as set forth in the Hazardous Building Statute. Ye>J)I, Vvi~L ~IJSX~J'XI'm%~ PAUL L. MALONE, ACTING MAYOR ATTES/ c:::.....-. ITY ADMINISTRATOR b/j/3171.Findings-l . 7