HomeMy WebLinkAboutResolution No. 2002-39RESOLUTION NO. 2002-39
RESOLUTION OF THE CITY COUNCIL FROM TI:gE CITY OF COLUMBIA HEIGHTS
REQUESTING ABATEMENT OF THE HAZARDOUS DETACI~ED STRUCTURES LOCATED
AT 528 N.E. 47th AVENUE.
WI~REAS, there are hazardous detached buildings at 528 N.E. 47th Avenue which have been vacant,
unsafe longer than 90 days, and
WI:IEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and
substandard structures and properties, and
WHEREAS, the City of Columbia Heights finds this property to be hazardous based on the following
code violations as contained in the Findings of Fact:
FINDINGS OF FACT
Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous
Buildings:
302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe
for the purpose for which it is being used.
302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent or more
damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non
supporting members, enclosing or outside walls or coverings.
302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance
known to the common law or in equity jurisprudence.
THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structures at 528
N.E. 47th Avenue are substandard and seriously deteriorated, lack minimum standards for habitable
space per 1998 MN State Building Code and 1994 Uniform Code for the Abatement of Dangerous
Buildings, and the Building Official is recommending the structures be abated by razing of the structure
in preparation for a new single family dwelling.
Conclusions of Council
That all relevant parties have been duly notified of this action.
That the structures on the property at 528 N.E. 47th Avenue are hazardous and in violation of many
local, state and national code requirements.
That the structures cannot be rehabilitated to bring them into compliance with local, state and national
code requirements.
That the property owner has provided the City with a waiver.
Order of Council
The structures, dwelling and detached garage, located at 528 N.E. 47t~ Avenue, Columbia
Heights, Minnesota, is a hazardous building pursuant to Minn. Stat. 463.152, 463.616.
Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council
hereby orders the record owner of the above-hazardous building, or his heirs, to abate the
building (30) days of the date of service of this order. The site must then be restored to a safe
condition.
The City Council further orders that personal property or fixtures that may unreasonably
interfere abatement of the structure shall be removed within thirty (30) days, and if not so
removed by the owner, the City of Columbia Heights may remove and sell such personal
property and fixtures at public auction in accordance with law.
The City Council further orders that unless such corrective action is taken or an answer is served
upon the City of Columbia Heights and filed in the office of the Court Administration of the
District Court of Anoka County, Minnesota, within thirty (30) days from the date of the service
of this order, a motion for summary enforcement of this order will be made to the District Court
of Anoka County.
The City Council further orders that if the City is compelled to take any correction action herein,
all necessary costs expended by the City will be assessed against the real estate concerned, and
collected in accordance with Minn. Stat. 463.22.
The Mayor, the Clerk, City Attorney and other officers and employees of the City are authorized
and directed to take such action, prepare, sign and serve such papers as are necessary to comply
with this order, and to assess the cost thereof against the real estate described above for
collection, along with taxes.
Passed this 28th day of May 2002
Offered by: Nawrocki
Seconded by: Wyckoff
Roll Call: Ayes: Peterson, Szurek, Wyckoff, Williams, Nawrocki. Nayes: none
Mayor Gary L. Peterson
Attest:
~patric{a Muscovitz, Deputy C~ty clerk