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HomeMy WebLinkAboutResolution 2001-34RESOLUTION NO. 2001-34 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF HAZARDOUS STRUCTURE LOCATED AT: 4356 N.E; 5th Street, Columbia Heights, Minnesota, PIN # 35-30-24-21-0121, LOT 1, BLOCK 1, COLUMBIA HEIGHTS ANNEX TO MPLS, ANOKA COUNTY, MN. WHEREAS, there is a substandard building 4356 N.E. 5~ Street which has been dilapidated, substandard and abandoned for a period longer than 12 months, and and substandard structures and properties, and Vt'HEREAS, the City of Columbia Heights finds this property to ' [~ .~)¢~-//~ )~.,~/ following code violations as contained in the Finds of Fact: FINDINGS OF FACT 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 pement 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 deteriorated 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. TItEREFO cREw, BE IT RESOLVED on the Building Official's conclusions that, the structures at ~u,, ~,oL~;,~,~ ,~,~0~_ _ ,,~_ are substandard and seriously deteriorated, that they lack minimum standards for habitable space per 1995 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 eliminating the need for a retaining wall. Removal of Hazardous Structure Resolution 2001-34 Page two Conclusions of Council That all relevant panics have been duly notified of this action. That the structure on the property at 4356 N.E. 5~ Street 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 The structure at 4356 N.E. 5* Street, 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 29th day of May, 2001. Offered by: Nawrocki Seconded by: Szurek Roll Call: All ayes ~/~Patri~ia MuscovitZ, D~puty C~Clerk