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).
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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.
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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
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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.)