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HomeMy WebLinkAboutResolution 2000-16 RESOLUTION NO. 2000-16 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF HAZARDOUS DETACHED STRUCTURE LOCATED AT 4008 N.E. 6TH STREET. WHEREAS,there is a substandard building located at 4008 N.E. 6TH Street that has been damaged by fire, and unsafe for use since October 16, 1999, 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(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(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(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(i) an attractive 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 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 detached structure at 4008 N.E. 6`' Street is substandard and seriously deteriorated,that it lacks minimum standards for habitable space per 1998 MN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structure be removed, and the garage slab remain as hard surfaced parking area. Conclusions of Council That all relevant parties have been duly notified of this action. That the structure on the property at 4008 N.E. 6' Street is hazardous and in violation of many local, state and national code requirements. Removal of Hazardous Structure Resolution 2000-16 Page two That the relevant parties having an interest in the structure have not complied with requests to rehabilitate and to bring it into compliance with local, state and national code requirements. Order of Council 1. The remaining detached garage located at 4008 N.E. 6' Street, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Stat. 463.152, 463.616. 2. 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 existing garage slab is to remain as hard surfaced parking area. 3. The City Council further orders that personal property or fixtures that may unreasonably interfere with the razing and removal 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. 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 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. 5. The City Council further orders that if the City is compelled to take any corrective 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. 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. Passed this 13'day of March, 2000. Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes f ayor Gary Peterson Patricia Muscovitz, Deputy Cit 'Clerk