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. � � , • � � Based upon the evidence presented at the hearing, and on all the files, records and proceedings herein, the Hearing Officer makes the following: . FINDINGS OF FACT 1 . The City of Orono is a municipal corporation organized under the laws ! of the State of Minnesota. It has, by ordinance, adopted the Uniform Building Code as of 1977. Orono Municipal Code, sec. 2.01 . � 2. Some time prior to the spring of 1982, the owner of the property located at 3536 Lyric Avenue, Wayzata, Minnesota. died in the structure. His body remained for a period of time in that building. Upon recovering the body � f rom the structure. police officials became concerned with the dllapidated � condition of the building generally, and its interior in particular. City Ex. 2. The police requested that the property be posted as a health and � safety hazard. The building was placed on a list for ultimate condemnation. Any future occupancy of the structure would require a certificate of occupancy. 3. In May of 1982, Mr. Henke was seeking a 1ow-cost structure in the metro area to occupy while he constructed a new dwelling. He investigated distressed properties in and around the Tw1n City area. The property at 3536 Lyric Avenue in Orono came to his attention. 4. Prior to signing a purchase agreement, Mr. Henke wished to determine the cost of improving the structure so as to allow temporary occupancy. On May 10, 1982, Mr. Henke met with the City Building Inspector, Mr. Thomas Jacobs, and inquired about improvements to the property necessary for � occupancy. He told Mr. Jacobs that he wished to live in the existing structure temporarily while he built a new residence on the lot. Mr. Henke is a tonstruction worker who works in various parts of the Country. 5. On May 11 , 1982, Mr. Jacobs inspected the property. Ne subsequently provided Mr. Henke with a list of improvements required for occupancy of the structure. Henke Ex. A. The Notice of Inspection does not state that any repair work or alteration to the foundation and footings would be required for occupancy. Henke Ex. A. It does state that reroofing would be required. 6. At the time of the inspection by Mr. Jacobs, the foundation of the house was visible. � 7. On or about May 11 , 1982, Mr. Henke entered into a purchase agreement for the sub�ect property. Henke Ex. B. On June 4, 1982, he received a - building permlt from the City of Orono, signed by Mr. Jacobs, for the improvements required by Mr. Jacobs on May 11 , 1982. Henke Ex. C. � 8. On July 21 , 1982, Mr. Henke entered into a second purchase agreement , for the property. which superseded the previous agreement dated May 11 � 1982. . The purchase price of the property was approximately $13,000. ' 9. Someti.me after Mr. Henke entered into the second purchase agreement on July 21 , 1982 and sometime prior to the issuance of the temporary Certificate .of Occupancy on February 23, 1983, Mr. Jacobs inspected the sub�ect property. Mr. Henke told Mr. Jacobs that he no longer intended to occupy the structure temporarlly and would make it his permanent residence. -2-