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Home My WebLink About1988-01-11 Resolution 2351City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2351 A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 325 CRESTVIEW AVENUE, ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Bill Sullivan, 2725 Pillsberry Avenue South, Minneapolis, MN 55408 is the fee owner of record and Tim DeGarmo, 325 Crestview Avenue, Long Lake, MN 55356 has an intere-t in the property located at 325 Crestview Avenue, Orono, Minnesota, herein referred to as "the property", and legally described as follows: Property Identification Number: 05-117-23 14 0031 Lots 3, 4, and 5, Block 5, Bayside Addition to Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: INTERIOR Basement 1. Footings and foundation - deteriorating and in some places does not exist, not acceptable per UBC 2906 and 2907. 2. Smoke detector is missing, not acceptable per UBC 1210 (a). First Floor 3. Smoke detector missing in hallway outside bedroom, not acceptable per UBC 1210 a). 4. Ceilings - bedroom ceiling falling in and there are water spots around light fixture, not acceptable per UBC 4711. 5. Floors - kitchen floor is worn. MISCELLANEOUS 6. Chimney - :p properly supported in basement, it is supported by wood which is nut acceptable per UBC 2516 (c) 11. 7. Doors - rear door is weathered and in a state of d.:terioration. Page 1 of 5 EXHIBIT A City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2351 EXTERIOR WALLS 8. Walls - starting to deteriorate, plywood siding used is starting to rot on edges, not acceptable per UBC 2516 (g) and 170" (a). 9. Windows - one window is broken in living room. 10. Roof - leaks and is weathered. Improper flashiroj ar_1nd chimney per UBC 1707 (b), 3202 (a), 3208. 11. Chimney - Damper not working, motar joints not intact, not acceptable per UBC 3703 (a) (d). 12. Soffits - rotten in several places. There is a hole where squirels have eaten through, not acceptable per UBC 1707 (c). 13. Accessory buildings: garage - door is missing. Storage of junk and debris in garage. The roof is rotten and the wall is rotten at the bottom, not acceptat -,)er UBC 203. 14. General site - junk _nd debris in yard area. Junk -;ar on site, not acceptable per Orono Municipal Code Section 9.50. 15. Stairway - improper headroom and no guardrail, not acceptable per UBC 3306(p) and 1711. PLUMBING REPORT 16. Sewer - caps missing from septic tanks. 17. Water (well pump) - electrical wiring exposed, not acceptable per NFPA 70. 18. Gas piping - shut off valve broken and valves are not la;)eled, not acceptable per State Heating, Vent., Air Cond. Code 1345.2670. 19. Waste and vents - drum vents used which are prohibited per State Plumbing Code 4715.0960. 20. Water heater - shut off valve broken on gas, not acceptable per State HVAC Code 1345.2670. 21. Heating facilities - return air open to crawl space - dirt area. This is a safety hazard per State HVAC Code 1345.0130. ELECTRICAL SERVICE 22. Laundry - water softner is provided with electrical power by plugging into an octopus which is a fire hazard per per UFC 85.107. 23. Furnace - loose wiring hanging out, not acceptable per NFPA 70 Art. 422-2. Page 2 of 5 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2351 25. Kitchen - wiring bad on stove. Only 1 burner is operable (Whirlpool UL RKE 8400). Not acceptable per NFPA 70 Art. 422-22(d). 26. Living room - outlet cover missing, not acceptable per NFPA 70, Art. 422-2. 27. Bedrooms - outlet covers are missing. Building is in a state of deterioration and dilapidation, thus it is a safety and health :.azard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. Orders to remove or repair the structure were issued by the Building Official on January 4, 1988 and January 8, 1988. These orders have not been complied with. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the City Council of the City of Orono, pursuant to State Statute 463.251, hereby orders the owner(s) to board -up and secure the structure within ten (10) days. The City Council further orders that unless corrective ac'.i on is taken within ten (10) days from the date of service of this ordaz, it will result in the City properly securing the building and the cost thereof will be charged against the real estate as provided in State Statute Section 463.21. 2. The City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the following repairs in order to correct the hazardous condition: INTERIOR Basement a) Footings and foundation - raise house and provide foundation and footings. b) Install new smoke detector in approved location. First Floor c) Install new smoke detector in approved location. d) Ceilings - remove and replace in bedroom. e) Floors - replace floor finish. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL No. 2351 MISCELLANEOUS f) Chimney - remove and replace. g) Doors - replace back door. h, m) of. EXTERIOR WALLS !--Iis - remove and replace with approved siding. Windows - remove and replace broken window. Roof - replace roof and flashing. Chimney - remove and replace fireplace. Soffits - remove and replace damaged areas. Accessory buildings: garage - remove and properly dispose n) General site - clean up yard and remove junk car. o) Stairway - provide proper headroom and install guardrail. PLUMBING REPORT p) Sewer - replace septic tank cap. q) Water - provide proper wiring to well. r) Gas piping - label all gas lines and shut offs. s) Waste and vents - replace all prohibitted traps. t) Water heater - replace broken gas valve. u) Heating facilities - provide clean makeup air to furnace. ELECTRICAL SERVICE v) Laundry - remove extention cord and pro, j'^ permanent wiring. w) Furnace - provide cover over exposed h_ x) Kitchen - replace stove top. y) Living room - replace outlet cover. Page 4 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2351 z) Bedrooms - replace outlet covers. aa) Complete house - all electrical wiring must be inspected byj master electrician - possible electrical hazard, per UFC 85104. 3. If the repairs are not completed within twenty (20) days, o= unless an answer is filed within twenty (20) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order. 4. If an answer is filed that contests the hazardous building action, the matter shall be tried and decided by the District Court. If the order is sustained by the Court, the Court shall fix a time after which the building shall be destroyed or repaired as set forth in Minnesota Statutes Section 463.20. 5. If the Court's Judgment is not complied with in the time prescribed, the City may make the ordered repairs, raze or remove the hazardous condition or building, or acquire the building and real estate on which the building or hazardous condition is located by eminent domain. The necessary costs of such repairs, razing or removal, including but not limited to attorney fees, witness fees and filing fees, shall be a lien against the real estate on which the hazardous condition exists and will be levied against tie property as set forth in Minnesota Statutes Section 463.21 and 463.22. 6. That the City Council of the City of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and sezve 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. Adopted by the City Council of the City of Orono, Minnesota, this llth day of January, 1988. APPROVED: ATT 1 T: Jams R. Gra ayor thy , ailin,City Clerk Page 5 of 5