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HomeMy WebLinkAboutResolution 98-57RESOLUTION NO. 98- s7 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF HAZARDOUS STRUCTURES LOCATED AT 3900 NORTHEAST CENTRAL AVENUE. WHEREAS, there is a substandard building and retaining wail at 3900 Northeast Centrai Avenue which have been dilapidated, unsafe since February 2, 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 Finds 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 pan thereof, because of (I) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removai, 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 paniaily 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 wails or other vertical structurai 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 Officiai's conclusions that, the structures at 3900 Northeast Central 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 Officiai is recommending the structures be removed, and the lot be graded eliminating the need for a retaining wail. Removal of Hazardous Structure Resolution 98- 57 Page two Conclusions of COuncil That all relevant parties have been duly notified of this action. That the structures on the property at 3900 Northeast Central Avenue are hazardous and in violation of many local, state and national code requirements. That the structures can not be rehabilitated to bring them into compliance with local, state and national code requirements. Order of Council The remaining portion of retaining wall structure and the existing detached garage at 3900 Northeast Central Avenue, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Stat. 463.152, 463.616. , Pursuant to the foregoing findings and in accordance with Minnesota 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, 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. 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. Removal of Hazardous Structure Resolution 98- = ~ Page three Passed this 1 ~ t h day of Offered by: Sturdevant Seconded by: Jo 11 y Roll Call: A11 ayes July ~~m'e S//l~cier~t; Couhcil~ecre~ary ,1998.