Loading...
HomeMy WebLinkAboutResolution 6650CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 5 0 RESOLUTION ORDERING ABATEMENT OF HAZARDOUS CONDITION OF HAZARDOUS PROPERTY AND HAZARDOUS BUILDING WHEREAS, the Building Official of the City of Orono has attempted without success to have the owner of certain property at 3907 Cherry Avenue, Orono, Minnesota, in the County of Hennepin ("Subject Property"), remedy the hazardous condition of the property and building located thereon; and WHEREAS, the City Council has determined that the Subject Property constitutes a public health and safety hazard and is therefore a hazardous property within the meaning of Minn. Stat. § 463.15, subd. 3, and the residential building located on the Subject Property ("Subject Building") constitutes a fire hazard or a hazard to public safety or health and is therefore a hazardous building within the meaning of Minn. Stat. § 463.15, subd. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota: 1. The City has fully considered all evidence relating to the hazardous condition of the Subject Property. Said evidence includes (i) Property Report indicating ownership of the Subject Property, (ii) February 5, 2013 letter to property owner, (iii) July 6, 2015 Inspection Notice; (iv) August 21, 2015 letter to property owner; (v) photographs date stamped 10130115, 04120116, and 06/20/16; and (vi) Memorandum by Roger Peitso, Building Official, dated June 28, 2016. 2. After fully considering all of the photographs, documents, and other evidence pertaining to the hazardous condition of the Subject Property and Subject Building, the City of Orono finds: a. Gerald M. Clark III is the owner of the Subject Property. b. In January of 2013, City staff received a complaint regarding exterior storage at the Subject Property. Following an inspection, the City sent the property owner a letter at the Subject Property, identifying 18 violations of the City Code and setting a compliance date of February 19, 2013. The letter was returned as undeliverable with no forwarding address. C. A July 6, 2015 site visit to the Subject Property showed no change in condition. 3. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 65 0 a. On August 21, 2015, the City sent the property owner a letter at the Subject Property, reiterating the violations of the City Code and setting a compliance date of August 31, 2015. b. October 30, 2015 and April 20, 2016 site visits to the Subject Property showed no change in condition. The Subject Building is boarded up and vacant. Existing violations on the Subject Property include outside storage of miscellaneous junk and debris, unlicensed boat, special mobile equipment, and unlicensed and/or inoperable vehicles, and accumulation of tall grass and weeds and piles of dead vegetation. The site visits also suggested a number of health and safety concerns existing inside the Subject Building. C. The Subject Property has not been maintained in a clean, safe, secure, and sanitary manner and is adversely affecting the public health and safety in violation of the Orono City Code Section 58-1 and International Property Maintenance Code, 2006 edition, Section 301.3, as adopted in the Minnesota State Fire Code, Minnesota Administrative Rule 7511.0090. d. Because of the inadequate maintenance, unsanitary condition, and abandonment noted above, the Subject Property constitutes a hazard to public health and safety and is therefore a Hazardous Property within the meaning of Minn. Stat. § 463.15, subd. 3. e. Pursuant to administrative search warrants, the City conducted internal inspections of the Subject Building on May 20, 2016, and June 20, 2016. These inspections revealed the following: Storage of propane and acetylene tanks, tires, paint, power equipment, construction materials, and household and commercial goods in storage bins stacked to the ceiling throughout the entire Subject Building, blocking exit/entry and movement within. The roof leaks and water has leaked throughout the back portion of the Subject Building, causing all of the gypsum board to fall from the ceiling and causing the roof rafters to rot on the ends that touch exterior walls. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 65 0 f. There are structural deficiencies throughout the home, including deterioration of the foundation, with additional deterioration appearing since 2015, the pointing on the interior foundation has cracked and is falling off of the fieldstone, the foundation has become extremely bowed in areas and portions have collapsed, one portion of the foundation is being undermined by water from rain events, and there is structural failure of the ceiling 1 floor assembly. i. Because of the inadequate maintenance, dilapidation, physical damage, unsanitary condition, and abandonment noted above, the Subject Building constitutes a fire hazard or a hazard to public safety or health and is therefore a Hazardous Building within the meaning of Minn. Stat. § 463.15, subd. 3. 4. Pursuant to Minnesota Statutes § 463.15 et seq., the City hereby adopts and approves the Order to Correct or Remove Hazardous Conditions on Property and to Correct or Remove Hazardous Conditions in Building or Raze or Remove Hazardous Building attached hereto as Exhibit A. 5. The City's legal counsel, Campbell Knutson, P.A., Grand Oak Office Center I, 860 Blue Gentian Road, Suite 290, Eagan, Minnesota 55121, is directed to serve the Order to Correct or Remove Hazardous Conditions on Property and to Correct or Remove Hazardous Conditions in Building or Raze or Remove Hazardous Building and to proceed with enforcement in accordance with Minn. Stat. § 463.15 et seq. ADOPTED this day of Orono, Minnesota. A ST: Is e Tiegs, City Clerk 2016, by the City Council of the City of CITY OF ORONO By: ili Tod McMillan, Mayor nklew— EXHIBIT A STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN 6 65 0 FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No. IN RE: ORDER TO CORRECT OR REMOVE HAZARDOUS CONDITIONS ON PROPERTY The Matter of a Hazardous Property AND TO CORRECT OR REMOVE HAZARDOUS Located at 3907 Cherry Avenue, City CONDITIONS IN BUILDING OR RAZE OR of Orono, Hennepin County, Minnesota REMOVE HAZARDOUS BUILDING TO: Owners and lienholders of the above real estate: Gerald M. Clark III, 3907 Cherry Avenue, Orono, Minnesota 55364 PLEASE BE ADVISED that pursuant to order of the Orono City Council and by authority of Minnesota Statutes § 463.15 et seq., you have twenty (20) days from the date of service of this Order upon you, to remedy the fire, health, and safety hazards and the hazardous condition of the property at 3907 Cherry Avenue, Orono, Minnesota 55364 located in the County of Hennepin, and legally described as follows: Lots 1 and 2, Block 6, "Crystal Bay View", according to the map or plat thereof on file or of record in the Office of the County Recorder in and for Hennepin County, Minnesota, and the residential building located thereon. On April 20, 2016, City staff inspected the exterior of the above described property and identified multiple violations of the Orono City Code which independently and together constitute a condition hazard to public safety or health, making the property a hazardous property under Minn. Stat. § 463.15. To date, no progress has been made toward correcting or removing the hazardous condition. The following violations must be remedied or removed, and inspected within twenty (20) days from the date of service of this Order: EXHIBIT A 1. Outside storage and accumulation of all miscellaneous junk and debris, including, but not limited to, scrap metal, landscape materials, tarps, dimensional lumber and scrap wood, metal shelving, scaffolding, snow plows blades, boat lift, dilapidated hot tub, and hazardous materials, in violation of Orono City Code Section 78- 1577(6). 2. Outside storage of an unlicensed boat, which is filled with water and debris, in violation of Orono City Code Section 78-1577(4) and (6). 3. Outside storage of special mobile equipment, in violation of Orono City Code Section 78-1577(5). 4. Outside storage of the following unlicensed and/or inoperable vehicles, in violation of Orono City Code Section 78-1577(3): a. Maroon Dodge van, MN Plate No. RGA513, b. Red Chevrolet truck, MN Plate No: G3161, C. Red Chevrolet truck, MN Plate No. C8438, d. White Chevrolet van, MN Plate No. 709AUV. 5. Remove tall grass and weeds and piles of dead vegetation which have accumulated around stored items, as they are a violation of Orono City Code Section 58-1. On June 20, 2016, City staff inspected the interior of the residential building located on the above described property and identified multiple violations of the Orono City Code which independently and together constitute a fire hazard or a hazard to public safety or health, making the building a hazardous building under Minn. Stat. § 463.15. To date, no progress has been made toward correcting or removing the hazardous condition. The following violations must be remedied or removed, and inspected within twenty (20) days from the date of service of this Order: 2 3 Interior storage of flammables, junk, and debris, in violation of Minnesota State Fire Code Sections 314.3 and 1030.3. Leaking roof and sheetrock inside the building has deteriorated and has fallen from the. ceiling, in violation of Minnesota State Building Code Section 1300.0225. Damaged foundation and structural deficiencies, Building Code Section 1300.0225. in violation of Minnesota State If you fail to remedy the hazardous conditions on the property and in the building, the City will seek permission from the District Court for the City to repair or remove the hazardous condition of the property and building, including demolition of the building, destruction and 2 EXHIBIT A 6 65 0 removal of all personal property within the building, destruction and removal of all personal property located on the property, and grading of the property. The City will move the District Court for summary enforcement of this Order pursuant to Minn. Stat. § 463.19 unless you remedy the situation within said twenty (20) day period or unless an answer is filed within twenty (20) days of service of this Order upon you pursuant to Minn. Stat. § 463.18. Upon enforcement of the Order by the City, all costs expended by the City will be assessed against the real property and collected as other taxes asprovided in Minn. Stat. § § 463.21 & 463.22. Dated: .2016 CAMPBELL KNUTSON Professional Association Soren M. Mattick (#27785X) Orono City Attorney Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 ACKNOWLEDGMENT The City of Orono, by and through its undersigned attorney, acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to Minnesota Statutes § 549.211, subd. 1. Dated: 2016 3 Soren M, Mattie.