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l r' I <br /> 28. The City may requtre a Certificate of Occupancy as a prerequisite to <br /> ` . occupying a residential structure. UBC § 307(a) ; Minnesota Rules <br /> part 1305. 1000 (1985) . <br /> Based on the foregoing Findings of Fact, the Hearing Officer makes the <br /> following: <br /> CONCLUSIONS <br /> 1 . The Orono C1ty Council and the Hearing Offlcer have sub�ect matter <br /> �urisdiction herein. <br /> 2. Charles Henke received timely and proper notice of these proceedings. <br /> 3. The C1ty has complled with all substantive and procedura� <br /> requirements of statute, rule and due process and the matter is properly <br /> before the Hearing Officer. <br /> 4. The City must establish by a preponderance of the evidence that Mr. <br /> Henke has knowingly falled to comply with a condition of occupancy that it <br /> could legally impose.� <br /> 5. Mr. Henke is not estopped from asserting the invalidity of the <br /> occupancy requirements imposed by the City even though he signed the temporary <br /> Certificate of Occupancy. <br /> _ 6. The City is not estopped by the conduct of Mr. Jacobs from requiring <br /> the abatement of a property condition dangerous to public welfare and safety. <br /> 7. The current system of support for the structure, as described in <br /> Finding 12, results 1n a condition which is dangerous to human life. See <br /> Finding 26, supra. <br /> 8. The provision in the Uniform Building Code exempting pre-exlsting <br /> non-conforming structures from compliance with the Code does not apply to a <br /> pre-existing structure containing a condition dangerous to human life. UBC <br /> § 104�c> (1982) . <br /> 9. As a consequence of Conclusions 5-9, suprd, the City has established <br /> by a preponderance of the evidence that Mr. Henke has knowingly failed to <br /> comply with the footings and foundation requirement of his temporary <br /> Certificate of Occupancy, a condltlon it could legally impose. � <br /> 10. The City has not established by a preponderance of the evidence that <br /> the current status of the roof on the structure creates a condition adverse to <br /> the public health or safety. � � - � � <br /> . � 11 . Mr. Henke may not continue to occupy the structure in the absence of <br /> a valid Certificate of Occupancy. See -Finding 28. supra. _ <br /> 12. Any Finding of Fact more properly termed a Conclusion; or any <br /> Conctusion more properly termed a Finding of Fact is hereby expressty adopted <br /> as such. - � <br /> -5- <br /> " . . . ` <br />