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Home My WebLink AboutResolution 2222 ` I, `y • y . . . � .. Clt� o� ORONO • �; �. RESOLUTION OF THE CITY COUNCIL � NO. 2222 • - • • A RESOLIITION ORDERING A�ATEMENT OF HAZARDOIIS BDILDING CONDITION AT 571 NORTH BROWN ROAD, ORONO WHER�AS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WH$REAS, Sid Rebers of Rebers Construction, Inc., 3525 Webster Avenue, Minneapolis, Minnesota 55416 is the fee owner of record of property located at 571 North Brown Road, Orono, Minnesota, herein referred to as "the property", and legally described as follows: Section 34, Township 118, Range 23, Quarter Quarter 21, of Unplatted 34 118 23 Commencing at the Northwest corner of East � of Northwest , 1/4 thence South along the West line thereof to the Northerly line of State Highway No. 12 thence South 69 degrees, 18 minutes, 37 seconds East a distance of 149.05 feet thence North 2 degrees, 41 minutes, 23 seconds East a distance of 334.52 feet thence South 87 degrees, 18 minutes, 37 seconds East a distance of 200 feet thence South 2 • degrees, 41 minutes, 23 seconds West a distance of 188.93 feet thence South 87 degrees, 18 minutes, 37 seconds East a distance of 200 feet thence South 2 degrees, 41 minutes, 23 seconds West a distance of 231.71 feet to the Northerly line of highway thence Easterly along said highway line to the East line of East � of Northwest 1/4 thence North along said East line to the Northeast corner thereof thence West to beginning except road; PID: 34-118-23 21 0001 . , E9-HEREAS, 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. Improper base for fuel tank. Tank is sitting on pads 12"x8"xl�". A solid base is required. 2. Copper line was used to supply the furnace. This line was severed by movement of the tank and existing foundation breaking up. 3. Fuel supply lin� also was leaking in the basement. Occupant said he had a problem in the past winter and repaired it himself. 4. Improper storage of Class III f lammable liquids. Two 5 gal lon gerry cans were left in the basement full of oil • 5. Water heater is improperly installed. i+�later heater is to be used with natural gas, existing installation has L.P. gas hooked up thus causing improper combustion. Evidence of this happening is black soot around vent connector. Tank is not properly installed as it is sitting on a stump. � . Page 1 of 4 cit� o� oRONo � RESOLUTION OF THE CITY COUNCI L � NO. 2222 � ' e - • • . of sagging in middle. - 7. Possibly up to 5 layers of shingles on roof. North side all roofing removed and building felt laid down to prevent leaks. Building felt is also deteriorated. �. 8. Mixed occupancy - lumber storage and residential - 3 hour occupancy separation not provided. 9. Post in basement (4x4) sitting on concrete block - not acceptable structurally. . 10. Exterior has not been painted for awhile. This has caused the siding to rot and fall away from the building. 11. Footings and foundation are in poor condition. 12. Electrical wiring - junction boxes without covers, and wiring is in poor condition. • 13. 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. 14. Orders to remove or repair the structure were issued by the Building Official on June 30, 1987. These orders have not been complied with. � NOW, THEREFORE, B$ IT RESOLVED as follows: l. 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 bui lding and the cost thereof wi 11 be charged against the rea 1 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 fol lowing repairs in order to correct the hazardous condition: a. Provide proper base for fuel tank. A solid base is required. • b. Replace copper line used to supply the furnace. c. Replace fuel supply line leaking in the basement. d. Remove flamable liquids in the basement. Page 2 of 4 � � • . . Cit� o� ORONO � RESOLUTION OF THE CITY COUNCIL � NO. 2222 � ' • • • • e. Install water heater properly. f. Remove and replace sagging roof. g. Provide 3 hour occupancy separation for mixed occupancy. � h. Provide proper bearing wall in basement for structure. i. Remove and replace siding which has rotted. j . Remove and replace footings and foundation. k. Up-grade all electrical wiring and supply covers for junction boxes. 3. Pursuant to State Building Code Section 202 e, the above items constitute hazards, therefore, occupancy must cease as of August l, • 1987. 4. Pursuant to State Statute 463.24 - Personal Property or Fixtures: If any building ordered razed, removed, or made safe and sanitary by repairs contains personal property or fixtures which will unreasonably interfere with the razing, removal, or repair, of such building, or if the razing or removal of the building makes necessary the removal of such personal property or fixtures, the original order of the governing body may direct the removal of such personal property or fixtures within a reasonable time. If the property or fixtures are not removed by the time specified, and the governing body subsequently desires to enforce a judgement under Sections 463.15 to 463.26, it may sell the same at public auction as provided in Section 463.21, or if without appreciable value, the governing body may destroy the same. 5. If the repairs are not completed by August 3, 1987, or unless an answer if 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. 6. 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. � Page 3 of 4 . . � • ' � .• • 1 Clt� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2222 � ' • - • • 7. 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 the property as set forth in Minnesota Statutes Section 463.21 and 463.22. 8. 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 • 13th day of July, 1987. . APPROVED: ATTES : Jame R. Grabek, Mayor ��- 0 othy M. llin, City Clerk � Page 4 of 4