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HomeMy WebLinkAboutResolution 98-56RESOLUTION NO. 98-.s6 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF A HAZARDOUS STRUCTURE LOCATED AT 1260 NORTHEAST 46TM AVENUE. WHEREAS, there is an abandoned portion of a building at 1260 46°' Avenue which has been vacated since March 20, 1996, and WHEREAS, lW_mnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard struc~'ures and properties, and WHEREAS, the City of Columbia Heights finds this abandoned property to be hazardous based on the following c, ode violations as contained in the Finds of Fa~: 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(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 attra~ive 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 ac~s. 302(17) Whenever any building or strumare is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. Removal of Hazardous Structure Resolution 98- 56 Page two 302(18) Whenever any portion of a building or smacture 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 structure at 1260 Northeast 46~ Avenue is substandard and seriously deteriorated, that it lacks minimum standards for habitable space per 1995 lViN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structure be removed, the perimeter fencing be replaced and the lot be graded for future development refilling any and all large excavations presently on the property. Conclusions of Council That all relevant parties have been duly notified of this action. That the vacant and abandoned structure on the property at 1260 NE 46m Avenue is hazardous and in violation of many local, state and national code requirements. That the structure can not be rehabilitated to bring it into compliance with local, state and national code requirements. Order of Council , The non-occupied remaining portion of a house structure at 1260 NE 46m Avenue, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Star. 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 within thirty {30) days of the date of service of this order. The site must then be restored to a safe condition with fill and fencing as necessa~-~,. The City Council further orders that personal property or fixtures that may unreasonably interfere with the razing and removal of the building 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 fried in the office of the Coun 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. Removal of Hazardous Structure Resolution 98- PaSe three 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 a~,cordance with l~mn. Star. 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, alon8 with taxes. Passed this 13 t h day of J u 1 y Offered by: Peterson Seconded by: Szurek Roll Call: A11 ayes - e Student, Council Secretary ,1998.