HomeMy WebLinkAboutResolution 98-94RESOLUTION NO. 98-94
RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA
HEIGHTS REQUESTING ABATEMENT OF THE HAZARDOUS DETACHED
STRUCTURE LOCATED AT 1010 N.E. 40TM AVENUE.
WHEREAS, there is a hazardous detached building at 1010 N.E. 40th Avenue which has been
unsecured, unsafe longer than 90 days, 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 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 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, earthquake or
flood or has become so dilapidated or deteriorated as to become an attractive nuisance to
children; a harbor for vagrants, criminals or immoral persons; or as to enable persons to resort
thereto for the purpose of committing 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.
THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structure at
1010 N.E. 40th Avenue is substandard and seriously deteriorated, lacks 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 structure be abated by
removal of the contents, and securing of the structure by installation of a garage door.
Conclusions of Council
That all relevant parties have been duly notified of this action.
That the structure on the property at 1010 N.E. 40th Avenue is hazardous and in violation of
many local, state and national code requirements.
That the structure can be rehabilitated to bring it into compliance with local, state and national
code requirements.
That the property owner has provided the City with a waiver.
· Order of Council
The detached structure, garage, located at 1010 N.E. 40th, 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
abate the building (30) days of the date of service of this order. The site must then be
restored to a safe condition.
The City Council further orders that personal property or fixtures that may unreasonably
interfere abatement of the structure 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.
Passed this 26th day of October
Offered by: Peter son
Seconded by: Sturdevant
Roll Call: A11 ayes
,1998.
~4aYor :f'os~ph~-Sturdevant