HomeMy WebLinkAboutResolution 99-93RESOLUTION NO. 99-93
RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA
HEIGHTS REQUESTING REMOVAL OF HAZARDOUS STRUCTURES LOCATED
AT 4417 N.E. UNIVERSITY AVENUE.
WHEREAS, there are substandard buildings located at 44 17 N.E. University Avenue which
have been dilapidated, unsafe for a period in excess of five years, and
~REAS, 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(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become
dislodged, or to collapse and thereby injure persons or damage property.
302(8) Whenever the building or structure, or any part thereof, because of(I) dilapidation,
deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of the
ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or
inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.
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(10) Whenever the exterior walls or other vertical structural members list, lean or buckle to
such an extent that a plumb line passing through the center of gravity does not fall inside the
middle one third of the base.
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 44 17 N.E. University Avenue 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 for future development.
Removal of Hazardous Structure
Resolution 99-93
Page two
Conclusions of Counc~
That all relevant parties have been duly notified of this action.
That the structures on the property at 4417 N.E. University Avenue arc hazardous and in
violation of many local, slate and national code requirements.
That the structures can not be rehabililated to bring them into compliance with local, slate and
national code requirements.
Order of Council
The remaining dwelling and detached garage located at 4417 N.E. University Avenue,
Columbia Heights, Minnesota, are hazardous buildings pursuant to Minn. Slat. 463.152,
463.616.
Pursuant to the foregoing findings and in accordance with Minnesola Statutes, the City
Council hereby orders the record owner of the above-hazardous building, or his heirs, to
raze the building and retaining wall at the west property boundary within thirty (30) days
of the date of service of this order. The site must then be restored to a safe condition with
fill as necessary.
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
served upon the City of Columbia Heights and filed in the office of the Court
Administration of the District Court of Anoka County, MinnesoLa, within thirty (30) days
from the date of the sendee 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 eslate
concemec[, and collected in accordmace 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.
Removal of Hazardous Structure
Resolution 99-93
Page three
Passed this 22~d day of
Offered by: Wyckoff
Seconded by: Hunter
Roll Call: All ayes.
i~l~am El~te~~,~Clerk~f
November
,1999.
~Mayor Ga~L. Peterson