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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