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A R$SOLIITION FINDING
A HAZARDOIIS BIIILDING AND
REQIIIRING THE SSCDRING AND REPAIR
. OF STRIICTURES AT
. 1949 FAGERNESS POINT ROAD, ORONO
THIS R$SOLIITION H$REBY SUPERSEDES
R$SOLDTION #2713
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota;
and
WHEREAS, 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
follows:
Property Identification Number: 18-117-23 14 0016
Lots 23 and 24 including accretions described as fol].ows:
• commencing at most northerly corner of Lot 24, thence south-
westerl.y to most westerly corner thereof , thence
southeasterly at a def lecting ang3e to the left of 60
degrees 36 minutes to the south Iine of Under the Linden
Avenue said point being the actua� 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 line of Lot 23 distance 57.05
feet south from south line of Under the Linden Avenue thence
northerly along east Iine of Lot 23 extended to south line
of said avenue, thence westerly a3ong 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 uninhabitab3e and contains unsanitary and hazardous
conditions which constitute a public nuisance and which makes
this property hazardous to the public hea3th, safety and welfare
based on the fo3lowing findings:
1. Basement wa3.1 backplastered over dirt for foundation
waI I, northwest corner. Three-quarters of northwest wall 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 f3orescent Iights - improper
installation (use of Iight-gauge speaker wire) .
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• , RESOLUTION OF THE CITY COUNCIL �
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5. � Wood stove on second f loor installed without permit and
without proper cZearances.
6. Outlet covers missing or broken.
7. Roof Zeaks 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 f Iashing instal led on roof in valleys. .
10. Sheet rock sagging in northwest room due to leaking
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 Iight fixtures in northwest
room, second floor.
15 . Mildew on walZs and ceiZings in northwest corner room,
seconcl fZoor.
16 . Improper stairway width to basement.
17. Electrical wiring to � light fixture by Iake is �
improperly secured.
18. Rim joist insulation needed.
Garage -
� 19. Roof co3lapsing on the south side.
20. WaI]. 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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Clt� o� ORONO .
• �]i j�j RESOLUTION OF THE CITY COUNCI L
� NO. 2731
• � • •
BuiZding is in a state of deterioration and •
dilapidation, thus it is a safety and heaZth hazard pursuant to
Minnesota State Building Code/Uniform Bui3.ding Code, Section 203.
Orders to remove or repair the structure were issued by
the Building OfficiaZ on August 30, 1988 and August 21, 1989.
These orders have not been complied with.
NOW, THffi2EFOR$, B$ IT RESOLV$D a s f o 11 ows:
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 wil7. 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 Counci 7. 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:
` l. 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 cell.ar door
and provide proper foundation wal Z per Minnesota State
BuiZding Code.
3. Provide proper beam support over doorway in
basement.
4. Remove f lourescent l.ight wiring and provide proper
wiring to these Iights in basement.
5 . Remove wood stove/secure permit for
instal].ation/instal.l per Minnesota State Buil.ding Code.
• 6.• Provide outlet covers for a1Z outl.ets.
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Clt o� ORONO ,
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• � � RESOLUTION OF THE CITY COUNCIL
� NO. 2731
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7. Remove existing roof covering and provide new roof
covering per Minnesota State Buil.ding Code.
8. Provide proper roofing on f lat roof.
9. Provide proper f lashing in roof vaI Ieys with the
repl.acement of the roof covering.
10. Remove sheetrock that is sagging in northwest
corner room and replace.
11. Have master eZectrician check out light fixture in
kitchen to verify no fire hazard exists.
12. Remove water damaged sheetrock on ceiling and
northwest corner in bathroom and replace.
13. Have master e3.ectrician check out ceiling I.ight
fixtures in first floor � bathroom to verify no fire
hazard exists.
• 14. Have master electrician check cei3.ing outlet
fixtures in northwest room on second floor to verify no
fire hazard exists.
15. Remove sheetrock on wa1Zs and verify no damage to
stud wa1Zs in northwest corner room, second floor.
16. Remove stairway and provide new opening with
proper width to basement stairwel.I.
17. Have electrician �re-insta3.I, or remove ligth
fixtures by lake so that it is properly secured and is
not a hazard.
18. Provide rim joist insulation in basement.
Garage -
19. Roof co3.3.apsing on south side - remove and replace
roof structure. .
20. Remove rotten wal]. on south side and replace.
Al.so, replace the roof above.
• 21. Have master e3.ectrician remove aI]. electrical
wiring and repl.ace in a safe condition.
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Cit� o� ORONO �
� � RESOLUTION OF THE CITY COUNCIL
� NO. 2731
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22. Owner(s) shou3.d submit plans on how he is to
repair damage caused by fire on August 7, 1989 and must
make corrections ger Minnesota State BuiSding Code.
23. Owner(s) must maintain property so as not to cause
a safety or heaZth hazard.
If the repa.irs are not completed or unZess an answer is
filed within thirty (30 ) days from the date of service of this
order, the City shal.l move the District Court for summary
enforcement of this order. �
If an answer is filed to contest the hazardous buil.ding
action, the matter shall be tried and decided by the District
Court. If the order is sustained by the Court, the Court sha3.1
affix a time after which the building shal.l 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
reaZ 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 Zimited to attorney fees,
witness fees and fi3.ing fees sha1Z be a ].ean against the real
estate on which the hazardous condition exists and will. be Zevied
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 CZerk, 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 CounciZ of the City of Orono,
Minnesota, this 13th day of November, 1989.
APPROVED:
ATT S : Edward J. Cal han, Jr. , A ing Mayor
. � , .
orothy M a1.Zin, City Cl.erk
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