HomeMy WebLinkAboutResolution 2001-45RESOLUTION NO. 2001-45
RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA
HEIGHTS REQUESTING REMOVAL OF HAZARDOUS STRUCTURE LOCATED
AT: 528 N.E. 47t~ Avenue in the City of Cohimbia Heights, Anoka County, Minnesota, Lot 1,
Block 1, Columbia Heights Acres, PIN # 26-30-24-34-0001.
WHEREAS, there is a substandard building 528 N.E. 47th Avenue which has been dilapidated,
substandard and abandoned for a period longer than 6 months, and
WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes mtmicipalities 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(12) Whenever the building or structure has been so damaged by fire, wind, or flood, or has become
so dilapidated or deter/orated as to become (i) an attractive nuisance to children; (ii) a harbor for
vagrants, criminals, or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of
committing unlawful or immoral acts.
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.
302(18) Whenever any portion of a building or structure remains on a site after the demolition or
destruction of the building or structure or whenever any building or structure is abandoned for a period in
excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard
to the public.
THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structures
at 528 N.E. 47a Avenue are substandard and seriously deteriorated, that they 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
removed, and the lot be graded for future constuction.
Conclusions of Council
That all relevant parties have been duly notified of this action.
That the structure on the property at 528 N.E. 47th Avenue is hazardous and in violation of many
local, state and national code requirements.
That the structure can not be rehabilitated to bring them into compliance with local, state and
national code requirements.
Order of Council
1. The structure at 528 N.E. 47th Avenue, Columbia Heights, Minnesota, is a hazardous
building pursuant to Minn. Stat. 463.152, 463.616.
The City Council further orders that personal property or fixtures that may unreasonably
interfere with the razing and removal of the structures 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
filed in the office of the Court Administration of the District Court of Anoka County,
Minnesota, within twenty (20) 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 23rd day of July, 2001.
Offered by: Szurek
Seconded by: Williams
Roll Call: Williams-aye, Szurek-aye, Wyckoff~i- a~.
Motion carded.
~o~_ ~/~~ ~-aY°r ~a~/I~"'P~ters°n
Patricia Muscovitz, Deputy]City Clerk