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2009_0720_Packet
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2009_0720_Packet
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do� N.w.ad ids, i�i subject. Any ordinance that is passed must allow for due process and cannot <br />(M�nn.app.a000). contradict state law. The city should seek advice from the city attorney if it <br />wishes to adopt this type of ordinance. <br />A. Characteristics of a hazardous building <br />M��. scac. § 46s.is, subds. a,s State law defines a hazardous building or hazardous property as "any <br />building or property which because of inadequate maintenance, dilapidation, <br />physical damage, unsanitary condition, or abandonment constitutes a fire <br />hazard or a hazard to public safety or health." A building is defined as "any <br />structure or part of a structure." For purposes of this memo, the phrase <br />hazardous building will be used to include hazardous property and <br />structures. <br />Ukkonen V. ctty ofnrtnneapotts, Determining whether a building is hazardous depends on the particular facts <br />ido N.w.ad a49, aso (i96s). of each situation. For example, in one opinion where the Minnesota supreme <br />court upheld a city's order to raze a hazardous building, the court described <br />the building in question as having the following conditions: <br />• Unoccupied. <br />• Badly deteriorated sections of concrete block foundation. <br />• Decayed and rotted wooden foundation sills. <br />• Broken, deteriorating, and falling siding. <br />• Rotted and collapsing roof cornice. <br />• Large holes in asphalt roof covering. <br />• Evidence of roof leaks. <br />• Large holes in the plaster finish of walls and ceilings. <br />• Many broken window lights. <br />• Damaged or destroyed window sashes. <br />• Dry water traps in wash basin and water closet resulting in open sewers. <br />• Paper, lumber, wood lath, plaster, and debris littering interior of <br />building. <br />These are not the only conditions that would cause a building to be <br />considered "hazardous." Rather, these are examples of the types of things <br />that might be present in a hazardous building. While this example shows <br />that there were many problems with this building, there is no formula to <br />determine how many problems make a building hazardous. Again, that <br />depends on the particular situation. <br />B. Identifying a hazardous building <br />If the city believes there is a building that may be hazardous, it is a good <br />idea for the city to gather and document information about the building. An <br />DANGEROUSPROPERTIES 15 <br />
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