HomeMy WebLinkAbouthazardous bldg info I �\
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DATE: December 6, 2010
TO: Prosecuting Attorney, Soren Mattick
FROM: Building Inspector, Willie Gibbs ��iK�(J�j �C�c��/�j
SUBJECT: HAZARDOUS BUILDING INSPECTION AT 200 HOLLANDER ROAD
John Hollander Residence
Based on a recent administrative search warrant, our office conducted an inspection at the above
referenced property. Staff has been to this property numerous times throughout the past twenty years
due to neighbor complaints concerning junk and garbage, unlicensed vehicles, hoarding of cats,
uninhabitable structure, etc. The purpose of the most recent inspection, Friday, December 3, 2010 was
carried out to determine structural soundness and habitability of the house and other nuisance or
unhealthy conditions. .
Those in attendance included Planning & Zoning Coordinator, Melanie Curtis; Officer Fred Vargas and
myself.
Based upon the December 3, 2010 inspection by staff it is my recommendation that the structures on
the property be demolished and the foundations removed and filled in. Under 1311.0206 Section 206
of the 2007 Minnesota State Building Code "Unsafe Buildings or Structures" it states (and I paraphrase)
All buildings or structures regulated by these guidelines that are structurally unsafe or that are
otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or
structures constituting a hazard to safety, health or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the
purpose of this section, an unsafe use. All unsafe buildings, structures or appendages are public
nuisances and must be abated by repair, rehabilitation, demolition, or removal, according to Minnesota
Statutes, sections 463.1 to 463.26.
As the City of Orono Building Inspector, I submit that the house, garage, sheds, junk vehicles, garbage,
junk, septic system, well and all other remaining materials at 200 Hollander Road be declared a public
nuisance and be removed, demolished, and foundations filled in, as permanent relief of this
neighborhood nuisance. I offer the following descriptions as support for the request to abate:
1) The owner of the property is deceased and no relation has or is willing to step forward to
provide relief. This is abandonment.
2) The house did not receive winterization before the weather turned cold and subsequently the
plumbing froze and split filling the basement of the house completely full of water. This will
eventually freeze solid and undoubtedly cause severe damage to the foundation and possible
structural failure of the house. This is disaster and damage.
Telephone(952)249-4600•Faa�(952)249-4616
www.ci.orono.mn.us
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December 6, 2010
200 Hollander Road
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3) The wiring is exposed and dangling. There are numerous counts of exposed wiring just ending
without a box or even wire nuts. This is a fire hazard.
4) The kitchen and bathroom are beyond repair and constitute an unsanitary condition and health
hazard. This is inadequate maintenance and dilapidation.
5) The house does not have adequate heat. The wood burning fireplace in the middle of the
kitchen would not be able to heat the entire house to 68 degrees as required by the International
Building Code Section 303.8. This is obsolescence.
6) The house is contaminated on every floor and every room with rodent and cat feces and urine.
There is also evidence of mold build-up and when the house thaws in the spring it will rampant.
This is a health and safety issue.
7) The garage contains numerous litter boxes with decaying animal feces and urine. There are
bags of household garbage and old animal kennels. The smell of urine and rotten feces is
overwhelming, even in cold weather. This is a health and safety concern.
8) The sheds on the property have not had adequate maintenance. The doors are coming off the
structures and the sheds are full of household garbage.
Please find enclosed copies of the pictures taken by staff during the site inspection.
Recommendations
Take immediate action to have the house and garage demolished and hauled away. The
foundations need to be removed as well and clean fill placed in the excavated areas. The sheds,
vehicles and other junk/garbage be removed from the property and properly disposed of. Any
areas of the yard that were excavated or disturbed should have the lawn re-established to prevent
erosion and growth of noxious weeds.
c Melanie Curtis, Planning &Zoning Coordinator
Lyle Oman, Building Official
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Orono, MN 55356 Crystal Bay, MN 55323-0066
Date: December 19th 20008
John Hollander
200 Hollander Road
Orono MN 55391
Re; Hazardous building action
Dear Mr. Hollander,
� This is to'notify that the city has received a final report from Loren Kohnen of Metro
West Inspection Services indicating that all the corrections required in the Hazardous
building a,ction have been completed. T'he city will inform Hennepin county courts and
the charge will be dismissed. If you have any questions please feel free to contact me.
Sincerely,
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yle Oman,
Building Official
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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$E+gHO 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323•0066
October 24, 2001
John Hollander
200 Hollander Road
Wayza.ta, MN 55391
RE: Hazardous Building Action and Property Maintenance
Dear Mr. Hollander:
On October 8, 2001 the City of Orono passed Resolution#4699 deeming your home a hazardous
building and requiring repair or removal. At the council meeting you requested a meeting with myself the
Orono building official. You were told to contact me. When that contact was made I told you that since
there are legal issues involved that I would require a response to the Hazardous Building Action in
writing. On October 24th you submitted a letter again requesting a meeting with myself the Orono
Building Official at the site to resolve the situations noted in the resolution. I must again inform you that
the response to the order must be in writing. If your contractor disputes specific items in the resolution,
they must also be addressed in your written answer.
On the matter of the property maintenance you were notified on October 3, 2001 of the need to
bring your property in compliance. The issue is regarding junk and debris, cat food cans, used kitty litter,
animal cages, machinery, unused air conditioners, bicycles, toys, building materials,parts of a screen
porch, fence parts, unlicensed inoperable vehicles, and an inoperable boat. A deadline of October 11,
2001 was established for compliance. On October 11, 2001 you requested an extension for one week to
take care of the problems. A letter was sent to you on October 11;2001 extending the deadline until
October 17�h. On October 17, you left a voice message requesting another extension for one week. I
stated I would consider the extension if you requested it in writing. On October 24`h you submitted a
letter requesting a three-week extension. �
The City feels you have had ample opportunity and favorable weather conditions to clean up the
property. A site inspection conducted today shows no progress and it appears to be worse than when the
order was originally given. Therefore,the City will tow the vehicles and clean up the property.
Everything in the yard will be disposed of and will be irretrievable. Including the vehicles. The cost will
be assessed against the property per Orono Ordinance#191.
Sincerely,
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Ly e Oman
Building Official
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Telephone(952)249-4600 • Fax(952)249-4616 �
www.ci.orono.mn.us
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ORDINANCE NO. 191 , SECOND SERIES � � �
AN ORDINANCE AMENDING ORO�i O 1bIUNICIPAL CODE
SECTION 9.55 NIAINT'ENANCE UF PRNATE PROPERTY
. . .. . . � TO I�YL.'LUDE PROYISIONS TO 4LI�0�T'EE USE OF . . . . .
� � - � , ' � . �' � SPECIAL ASSESSMEiti�'S�O RECOVER COSTS�'�Z�A�TiYG � . - � � �
� ' � TO T'F.� CORRECTION OF VIOLATT0IS TO TffiS CODE SEC'IZON
The City Council of Orono ordai.ns as follows: .
Section l. Section 9.55,Maintenance ofPrivate Property is amended to add the following lana a?e
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� �ubdivision 3. Any violation of this section is declared�to be a nuisance and public
. safety and welfare bazard and upon seven days wzitten notice to the owner, as shown.by the
. records of the office of the County Auditor, of private premises on which'such material is
found or azry conditions in violation of this code section exist,the City may remove the same
or correct any conditions in violation, and certify the cost of such removals or corrections
as any other special assessment.
� SECTTO�T 2. This ordinance shall be published in THE LA�R�PIONEER newspaper and shall
be effective upon publication. � � � �
Adopted by the City Council of the City of Orono,M'innesota at its regular meeting held the
14th day of June, 1999.
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ATTEST: �
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Linda S. Vee, Deputy Clerk Gabn 1 abbour,Mayor . .
. To be oublished ir. th� Laker/Pioneer newspa�ers tbe week of June 19, 1999.
Page 1 of 1
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REQUEST FOR COUNCIL ACTION
DATE: October 5, 2001
ITEM NO: _j
Department Approval: Administrator Reviewed: Agenda Section:
Name Lyle Oman /� Zoning Administrator's
Title Buiiding Official �� �� Report
Item Description: Hazardous Building Action, 200 Hollander Road - Resolution
On August 28, 2001, an inspection was conducted at 200 Hollander Road to evaluate the home far
hazardous building action. The City was responding to neighborhood complaints and the
observations of an Animal Humane Society agent. After a comprehensive inspection of the
structure,staff deemed the building to be hazardous for human occupancy. The building was posted
"Hazardous Building No Trespassing."
Staff Recommendation
Staff recommends approval of the attached resolution finding a hazardous building and requiring the
securing and repair or removal of the residential structure at 200 Hollander Road, Orono. The
resolution also stipulates the City's course of action per State Statutes as defined in Numbers 2
through 5 beginning on Page 4.
COUNCIL ACTION REQUESTED:
Motion to approve the attached resolution finding a hazardous building and requiring the securing
and repair or removal of the residential structure at 200 Hollander Road, Orono.
A RESOLUTION FINDING HAZARDOUS BUILDING
AND REQUIRING THE SECURING
AND REPAIR OR REMOVAL
OF THE RESIDENTIAL STRUCTURE
AT 200 HOLLANDER ROAD, ORONO
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the Sta.te of Minnesota; and
WHEREAS,John M. Hollander,200 Hollander Road,Orono,MN 55391 is the fee
owner of record of the property located at 200 Hollander Road within the City of Orono(hereinafter
"the City") and legally described as follows:
Property Identification Number: 25-118-23 44 0015
Lot 002, Block 001, Holly Acres 3�d Addition (hereinafter "the
property"); and
WHEREAS, the City Council of the City of Orono, having duly considered the
matter pursuant to Minnesota Statutes Section 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 make this property hazardous to the public health,safety and
welfare, based on the following findings:
Field Stone Foundation
1. Foundation is cracked and crumbling in many locations. �
2. Foundation is in danger of collapse.
3. Foundation has several areas that aze open to the exterior.
4. Windows are broken,missing,and rotted allowing entrance to animals and exposure
to the elements.
5. Earth has settled around foundation allowing water to collect and exert pressure on
foundation walls. Foundation is hazardous within the definition of Minnesota Statute
Section 463.15.
Page 1 of 5
Floor S, sy tem
1. Log floor joists are in contact of earth. Violation of Uniform Building Code 2308.6.
2. Log floor joists are rotted on ends. � �
3. Log floor joists have been cut in one location and are structurally unsound. Floor
system is hazardous within the definition of Minnesota Statute Section 463.15.
Stairwavs
1. Basement stairs have improper rise and run,headroom,lack handrails and guardrails,
and have a rotted support system.
2. Stairs to second story lack handrails and are loose due to shifting of the foundation.
Stairs are unsafe and hazardous within the definition of Minnesota Statute Section
463.15.
Exterior
1. Earth has settled adjacent to foundation which has caused fuel oil tank to settle into
hole causing damage to piping. Violation of Uniform Mechanical Code Section
7902.1.14.3.
2. Inadequate separation between earth and wood framing causing rotting of sills.
Violation of Uniform Building Code Section 2308.6.
3. Concrete wall on front porch crumbling. Concrete wall is hazardous within the
definition of Minnesota Statute Section 463.15.
4. Siding, soffit, and facia rotted and falling off building. Siding, soffit, and facia are
hazardous within the definition of Minnesota Statute Section 463.15.
Interior
1. Windows covered with opaque plastic and tape preventing light and air transmission.
Violation of Uniform Building Code Section 1202.
2. Plaster falling off ceiling due to leaking roof. Ceiling is hazardous within the
definition of Minnesota Statute Section 463.15.
Plumbin�
1. Bathroom sink non-functional. Violation of Uniform Building Code Section 2902.6.
2. Plumbing fixtures improperly vented. Violation of Minnesota Plumbing Code
Section 4715.2510.
3. Bathroom and kitchen unsanitary. Considered hazardous within the definition of
Minnesota Statute Section 463.15.
Page 2 of 5 .
Heatin
1. Furnace is missing doors and appeazs to be non-functional. Furnace hazazdous
within the definition of Minnesota Statute Section 463.15, Subd. 3.
Electrical S, s��
1. Electrical system has open, deteriorated wiring - entire system needs upgrading.
Electrical system is hazardous within the definition of Minnesota Statute Section
463.15.
NOW,THEREFORE,BE IT RESOLVED as follows:
1. The City Council of the City of Orono,Minnesota,pursuant to the foregoing findings
and in accordance with Minnesota Statutes Section 463.15 to 463.261,hereby orders
the owner of the property to remove the structure or to make the following repairs in
order to correct the hazardous conditions:
Foundation
— Footing and foundation-replace with code compliant materials.
— Backfill with earth sloped away from building with positive drainage.
— Provide code compliant egress window.
Floar S, s�
— Replace floor system with code compliant materials a minimum of 18 inches
from earth.
Stairwavs
— Reconstruct stairways with code compliant materials including proper rise
and run, headroom, and handrails and guardrails.
Exterior
— Support fuel tank on proper base.
— Raise building or lower grade to provide 6 inch clearance from earth to
framing.
— Replace porch wall with code compliant material.
— Replace siding, so�t, and facia where needed.
Page 3 of 5
Interior
— Provide code compliant windows to provide required amounts of light and
ventilation.
— Replace plaster in ceiling where needed.
Plurnbin�
— Repair or replace bathroom sink with code compliant material.
— Provide venting to meet Plumbing Code.
— Replace damaged and missing tiles and sanitize bathroom and kitchen.
Heatin�
— Replace missing doors and contract with a licensed mechanical contractor to
evaluate the system and repair as needed.
Electrical Svstem
— Electrical system must be inspected by State Electrical Inspector and
upgraded as required.
2. If the repairs are not completed,or unless an answer is 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.
3. 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.
4. If the Court's Judgement is not complied within 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.
Page 4 of 5
5. 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 at a regular meeting
held this 8th day of October, 2001.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
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