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HomeMy WebLinkAboutResolution 2286 . �, ;� � Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2286 � . ' • - • • A RESOLUTION ORDERING ABATEMENT OF HAZARDOIIS BQILDING AT 1950 SHORELINE DRIVE, ORONO WHEREAS, . the City of Orono is a municipal corporation , organized and existing under the laws of the State of Minnesota; and WHEREAS , E. Robie Wayne and Kris Wayne are the fee owners of record property located at 1950 Shoreline Drive, Orono, Minnesota, herein referred to as "the property" , containing two cabins and a duplex (two living units) and legally described as f ol l ows: Lots 22 and 23 , "Ora Park° on Lake M,innetonka and that part of Lake Street lying between the extensions of the side line of said Lots 22 and 23 and between the front line of said Lots and the Northwesterly line of the Right-of-Way of County Highway No. 7 being in line • parellel to and 33 feet Northwesterly from the center line of the existing pavement of said Highway; Hennepin County, Minnesota; and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnes�ota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable arid contains unsanitary and hazardous conditions which constitute a public nuisance and which make this property hazardous to the public health, safety and welfare based on the following findings: 1.) The property contains four occupied rental dwelling units (one duplex and two separate cabins) on approximately 14 , f�0fd square feet of land , which dev.eloped density is 25 times greater than the minimum 2 acres per dwelling unit required by City ordinance. 2.) All four units are served by holding tanks which were approved by the City on a temporary bas�is until City sewer was made available. 3.) City sewer became available to the property on June 11, 1986. The property owners were duly notified of the City ordinance requirement to connect to the sewer within 16 months of that date, or no later than October � • 11, 1987 . page 1 of 3 clt� o� oR,oNo � RESOLUTION OF THE CITY COUNCIL . � NO. 2286 � - ' • � • • 4.) The City has received complaints and verified that the tanks on the property are failing, are overflowing . onto the surface of the ground , have not been properly used or maintained, and are causing an immediate health and safety hazard to the occupants of the four rental . units on this property, to the neighbors and to the public generally. 5.) A contract was to be prov ided between the owner ana a licensed sewage pumper to pump the tanks on a regular basis . This was not done . 6.) Sewage has backed up into the rental units causing unsanitary conditions . 7.) There are only two approved sewer units for this property. 8.) Orders to hook up to City sewer were issued by the • City on September 2, 1986, February 9, 1987, May 14 , 1987 , August 31 , 1987 and September 9 , 1987. These orders have not been complied with . NOW, TH��3�'ORE, B�3 IT R�SOI.VED AS FOLLOWS: l. That the City Council of the City of Orono, hereby orders that the holding tanks be pumped out and occupants be given proper notice (30 days of this notice) to vacate the premises. 2. That the City Council of the City of Orono, pursuant to State Statute 4630251, hereby orders the owner (s) to board-up and secure the structure within thirty (30) days. The City Council further orders that unless corrective action is taken within thirty (30) 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. 3. That 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 foll�owing repairs in order to correct the hazardous � condition: a. Remove the two cabins b. Connect the duplex to City sewer page 2 of 3 .. . ;. . ' � clt� o� oRONo � RESOLUTION OF THE CITY COUNCIL � NO. 2286 � ' • - • • 4. If the repairs are not completed by November 15, 1987, or unless an answer is filed within twenty (2�) days from the date of service of this order , the City shall move the District Court for summary enforcement of this order . 5. 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. 2P1. 6. 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 . 7. 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 26th day of October, 1987. � \ — ------- ------ yor---���----- � Jam s R. Gra ATTE � � ---- �_ --- ------ 0 othy allin, City Clerk page 3 of 3