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RESOLUTION OF THE CITY COUNCIL
� NO. 2�31
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A R$SOLIITION FINDING
A HAZARDODS BIIILDING AND
REQIIIRING THE SECDRING AND REPAIR
OF STRIICTURES AT
1949 FAGERNESS POINT ROAD, ORONO
THIS RESOLDTION HBREBY SUPERSEDBS
RESOLDTION #2713
WH$RSAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota;
and
PY
WHBREAS, Steven Davis is the fee owner of record of
property Iocated at 1949 Fagerness Point Road, Orono, Minnesota,
herein referred to as "the property", and Iegally described as
f ollows:
Property Identification Number: 18-117-23 14 0016
Lots 23 and 24 including accretions described as follows :
commencing at most northerly corner of Lot 24, thence south-
westerly to most wester3y corner thereof , thence
southeaster3y at a deflecting angle to the left of 60
degrees 36 minutes to the south Iine of Under the Linden
Avenue said point being the actual point of beginning,
thence continued southeasterly on said angle Iine a distance
of 61. 05 feet thence northeasterly to a point in the
extension southerly of east Iine of Lot 23 distance 57.05
feet south from south line of Under the Linden Avenue thence
northerly a�.ong east Iine of Lot 23 extended to south Iine
of said avenue, thence wester3y along said south line to
beginning, Fagerness, Hennepin County, Minnesota; 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:
1. Basement wall backplastered over dirt for foundation
wa3l, northwest corner. Three-quarters of northwest wal I is
of 2 tier construction and is cracked and severely bowed.
2. Basement wall caving in at cellar door.
3 . Improper beam support over doorway in basement.
4. Electrical wiring to florescent Iights - improper
installation (use of light-gauge speaker wire) .
Page 1 of 5
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RESOLUTION OF THE CITY COUNCIL
• NO. 2�31
• - • •
. ood stove on second floor insta3led without permit and
without proper clearances.
6 . Outlet covers missing or broken.
7. Roof leaks and appears that water is ponding around
light fixtures.
8. Improper installation of roofing on flat roof. Rolled
roofing used. Water ponding on roof.
9. No flashing installed on roof in valleys.
10. Sheet rock sagging in northwest room due to 3eaking
roof.
11. Water stains around Iight fixture in kitchen.
12. Water damage to ceiling, northwest corner in bathroom.
13. Bathroom (first floor) water stains on ceiling around
Iight fixtures.
14 . Water stains around ceiling light fixtures in northwest
room, second floor. �
15. Mildew on walls and ceilings in northwest corner room,
second floor.
16 . Improper stairway width to basement.
17 . Electrical wiring to light fixture by lake is �
improper3y secured.
18 . Rim joist insu3ation needed.
Garage -
19. Roof collapsing on the south side.
20. WaII rotten half way up on the south side giving poor
support to the roof.
21. Electrical wiring unsafe.
22. Some damage from fire on August 7, 1989.
Page 2 of 5
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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 August 30, 1988 and August 21, 1989.
These orders have not been complied with.
NOW, THERSFORE, BE IT RESOLVSD as follows:
A) 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 garage 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 wil]. 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.
B) 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:
1. Remove backplaster which covers dirt and entire
section of 2 tier foundation and provide proper
foundation per Minnesota State Building Code on wall in
the northwest corner and three-quarters of northwest
wall.
2. Remove all. debris from wall caved in at cellar door
and provide proper foundation wall per Minnesota State
Building Code.
3. Provide proper beam support over doorway in
basement.
4. Remove flourescent light wiring and provide proper
wiring to these lights in basement.
5 . Remove wood stove / secure permit for
installation/install per Minnesota State Building Code.
6. Provide outlet covers for alI outlets.
Page 3 of 5
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�� � �'` ``'� �� RESOLUTION OF THE CITY COUNCIL
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. Remove existing roof covering and provide new roof
covering per Minnesota State Building Code.
8. Provide proper roofing on f lat roof.
9. Provide proper f Iashing in roof vaI Ieys with the
replacement of the roof covering.
10. Remove sheetrock that is sagging in northwest
corner room and replace.
11. Have master electrician check out light fixture in
kitchen to verify no fire hazard exists.
12. Remove water damaged sheetrock on cei3ing and
northwest corner in bathroom and replace.
13. Have master electrician check out ceiling Iight
fixtures in first floor bathroom to verify no fire
hazard exists.
14. Have master electrician check ceiling outl.et
fixtures in northwest room on second floor to verify no
fire hazard exists.
15. Remove sheetrock on wall.s and verify no damage to
stud walls in northwest corner room, second floor.
16. Remove stairway and provide new opening with
proper width to basement stairwell.
17. Have el.ectrician re-install. or remove Iigth
fixtures by Iake so that it is properly secured and is
not a hazard.
18. Provide rim joist insulation in basement.
Gara e -
19. Roof collapsing on south side - remove and replace
roof structure.
20. Remove rotten wall on south side and replace.
Al.so, replace the roof above.
21. Have master electrician remove all. electrical
wiring and replace in a safe condition.
Page 4 of 5
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�; . RESOLUTION OF THE CITY COUNCIL
� � N0. 2731
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22. Owner(s ) should submit plans on how he is to
repair damage caused by fire on August 7, 1989 and must
make corrections per Minnesota State Building Code.
23. Owner(s) must maintain property so as not to cause
a safety or health hazard.
If the repairs are not completed or unless an answer is
filed within thirty (30 ) days from the date of service of this
order, the City sha3l move the District Court for summary
enforcement of this order.
If an answer is filed to contest 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
affix a time after which the building shall be destroyed or
repaired as set forth in Minnesota Statute Section 463.20.
If the course judgement is not complied with in the
time prescribed, the City may make the repairs, raze or remove
the hazardous condition or building or acquire the building and
real estate on which the building or hazardous condition is ,
].ocated by eminent domain. The necessary costs of such repairs,
razing or removal, including but not limited to attorney fees,
witness fees and fi3.ing fees sha1Z be a Iean against the real
estate on which the hazardous condition exists and wi3.l be Ievied
against the property as set forth in Minnesota Statutes Section
463.21 and 463.22.
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 col.lection along with taxes.
Adopted by the City Council of the City of Orono,
Minnesota, this 13th day of November, 1989.
APPROVED:
ATT T: Edward J. Call han, Jr. , Ac ng Mayor
0 othy M. allin�, City Clerk
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