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HomeMy WebLinkAbout1988-01-27 Resolution 2362City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ 2362 I A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 2405 DUNWOODY AVZNUF., ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Louis R. Oberhauser, 2425 Dunwoody Avenue, ;,,'avzata, Minnesot.& �,391 is the fee owner of record of property located at 2405 Dunwoody Ave sue, Orono Minnesota, and legally described as follows: Property Identification Number: 20-117-23 22 0008 Commencing at a point in the Northeasterly line of Lot 2 d-i stance 5 feet Southesterly from the Northeast corner thereof thence Southwesterly parallel with the Southeasterly line of Lot 2 to the shore of Lake Minnetonka thence Southeasterly along lake shore to V`e most Southerly corner of Lot 2 thence Northeast:rly to the most Easterly corner thereof thence Northwesterly to beginning, Lot 2, Block 8, i'ownsite of Langdon Park, Orono, 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 nizardous to the public health, safety and welfare based on the following findings: INTERIOR 1. No access to interior. 2. Foundation: cracked in several places on all sides - UBC 2906 6 2907. West wall is falling off foundation. 3. Ground Slope at Foundation: slopes toward structure. 4. Siding: weathere( and deteriorating - UBC 1707 (a). 5. Soffit & Fascia: rotten - UBC 1707 (a). 6. Roofing: deteriorating - leaks - UBC 3202 (a). 7. Chimney: mortar joints bad - falling apart - UBC 3704 (a). Page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ 2362 8. Flashing & Vent J'.t g st bad - deteriorating in valleys - UBC 1707 (b). 50. Roof Ventilation: inadequate ventilation at top only - UBC 3205 (c). Building is in a state of deterioration and dilapidation, thus it is a safety and health hazard 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 21, 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 action is taken within ten (10) days from the date of service of this order, 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: EXTERIOR a) Footings & Foundation: remove existing and replace. b) Slope grade away from structure. c) Siding: remove all rotten wood siding and replace and paint. d) Soffits: remove and replace. e) Roofing: remove and replace. f) Chimney: remove and replace. g) Flashing: remove and replace. h) Ventilation: provide. Page 2 of 3 City of ORONO RESOLUTIOK OF THE CITY COUNCIL NO. 2362 3. If the repairs are not completed, or 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 loca*ed by eminent domai.i. 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 the rroperty 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 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. Adopted by the City Council of the City of Orono, Minnesota, this 25th day of January 1988. ATTEST: 222-12-�, �-11 thy� allin, City Cler APPROVED: --- I I I A I 0i, L JamA- R. Gra ek, Mayor Page 3 of. 3 STATE OF MINNESOTA ) COUNTY OF HcNNEPIA ) CITY OF ORONO ) I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minne3ota, do hereby certi'y that I have compared the foregoing copy of a resol ption of the City Council of the City of Orono with th± original recora of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on _ January 25 , 19 88 , and that the some is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this tea day of January 1988 o by MA llin, City Clerk J (SEAL.)