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HomeMy WebLinkAboutResolution 99-15RESOLUTION NO. 99-15 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBL·. HEIGHTS REQUESTING REMOVAL OF A HAZARDOUS STRUCTURE, A DWELLING, LOCATED AT 4358 THIRD STREET NORTHEAST WHEREAS, there is a substandard building, a dwelling, located at 4358 Northeast Third Street which has been dilapidated, unsafe since December 23, 1998, and WHEREAS, 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 mason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 3.02(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. 3.02(13) Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building or Housing Code, or any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. 3.02(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 Offiical's conclusions that, the structure at 4358 Third Street Northeast, a dwelling, is substandard and seriously deteriorated, that it lacks minimum standards for habitable space per 1995 MN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the State Official is recommending the structure be removed, and the lot be graded for future development. Resolution No. 99-15 page 2 Conclusions of Council That all relevant parties have been duly notified of this action. That the structure, a dwelling, on the property at 4358 Third Street Northeast is hazardous and in violation of many local, state and national code requirements. That the structure, a dwelling, can not be rehabilitated to bring it into compliance with local, state and national code requirements. Order of Council 1. The structure, a dwelling, located at 4358 Third Street Northeast, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Statute 463.152, 463.616. 2. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby orders the record owned of the above-hazardous building, or his heirs, to raze the building, a former dwelling, 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. 3. 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 property and fixtures at public auction in accordance with law. 4. 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 Adwinistrafion 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. 5. 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. Star. 463.22 6. 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. Resolution No. 99-15 page 3 Passed this 8th day of February, 1999. Offered by: Jolly Seconded by: Szurek Roll call: All ayes rodent ~;Tm~'~ Sgefetary 'Mayor ~ L. ~eters'o~' ~