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HomeMy WebLinkAbout15-12-51 CITY OF OAK PARK HEIGHTS COUNTY OF WASHINGTON, STATE OF MINNESOTA RESOLUTION NO. 2015- 12-51 RESOLUTION ORDERING THE RAZING OF A HAZARDOUS BUILDING LOCATED AT 15105 63RD STREET NORTH, OAK PARK HEIGHTS, MN WHEREAS,pursuant to Minn. Stat. §§ 463.15 to 463.261, the City Council of Oak Park Heights finds the building located at 15105 63rd Street North, owned by Wayne and Lynne Hellennan ("Owner"), and legally described as: LOTS 3 & 4, BLOCK 15, MC KENTY'S ADDITION TO STILLWATER, COUNTY OF WASHINGTON, STATE OF MINNESOTA, to be a hazardous building for the following reasons: 1. The property was subject to a significant house fire on or about October 14, 2015; 2. The property sustained substantial damage during the fire and has been rendered uninhabitable, including that the western portion of the house and porch on the northern side of the house inclusive of structural members are heavily damaged by fire, and the eastern portion of the house sustained significant water and smoke damage; 3. The property's utility services have been shut off to avoid it being inhabited since the fire; 4. The City sent notice via hand delivery to the Owners on October 15, 2015 that all damaged portions of the property needed to be promptly demolished, that any remaining structure of the property be boarded up to exclude the elements and vermin, and that the remaining structure be inspected by a licensed structural engineer and a written report provided as to its structural integrity and suitability to being salvaged and restored. 5. The City sent another notice via hand delivery to the Owner on November 20, 2015, demanding completion of clean up and demolition by December 4, 2015; 6. As of December 8, 2015, the damaged portions of the house have been partially demolished by the Owner, but substantial cleanup and demolition remain incomplete. WHEREAS, the conditions listed above are more fully documented in the inspection report prepared by Julie Hultman, building official, and attached to this resolution as Exhibit A. WHEREAS, the physical damage and condition of the property, and.the Owner's failure to secure and remove the damaged and unsafe elements of the house, render it an attractive nuisance, blight, fire hazard, and hazard to public safety and health under Minn. Stat. § 463.151. WHEREAS, the City Council declares the property to be a nuisance pursuant to Minn. Stat. 463.17, § 412.221 and under applicable City Code Chapter 1109.04 NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF OAK PARK HEIGHTS, MINNESOTA, AS FOLLOWS: 1 1. That pursuant to the foregoing findings and in accordance with Minn. Stat. §§ 463.15 to 463.261, and City Code § 1109.06, the council hereby orders the record owners of the above hazardous building or their representatives to make the following corrections of the property at 15105 63rd Street North, Oak Park Heights, MN: a. Complete razing and demolition of entire house structure. b. Fill the foundation. c. Removal of all personal property and debris from the site. d. Immediately cease and desist from residing in the recreational vehicle onsite. 2. That the City Council adopts and approves the Order attached hereto as Exhibit B. 3. That the actions listed above must all be made within 20 days after the order is served upon the property owner. The demolition and cleanup must be completed in compliance with all applicable codes and regulations, pursuant to proper permits from the city. 4. That if actions listed above are not made within the time provided in paragraph 2,the building shall be subject to being razed by the City, the foundations filled, and the property cleaned of debris, and all costs thereof assessed against the property in compliance with Minn. Stat. § 463.161, 463.21 and 429.101. 5. That a motion for summary enforcement of this order will be made to the District Court of Washington County in which the hazardous building or property is situated unless corrective action is taken, or unless an answer is filed within the time specified in Minn. Stat. § 463.18, which is 20 days. 6. That in accordance with Minn. Stat. § 463.24, the owner or occupant must remove all personal property and/or fixtures that will reasonably interfere with the work within 20 days. If the property and/or fixtures are not removed and the city enforces this order, the city may sell personal property, fixtures, and/or salvage materials at a public auction after three days posted notice. 7, That if the city must take actions to enforce this order, all enforcement costs NY]11 be specially assessed against the property and collected in accordance with Minn. Stat. §§ 463.22, 463.161, and 463.21. 8. That the city attorney is authorized to serve this order upon the owner of the premises at 15105 63`d Street North, Oak Park Heights, MN and all lien-holders of record. 9. That the city attorney is authorized to proceed with the enforcement of this order as provided in Minn. Stat. §§ 463.15 to 463.261. 2 Adopted by the City Council of the City of Oak Park Heights on December 8, 2015. Ap roved: / Mayor f est ity Jerk 3 Exhibit A City of Oak Park Heights Memo To: Eric Johnson, City Administrator From: Julie Hultman, Building Offici Date: December 7, 2015 Re: 15105 63'St. N.—Wayne&Lynne Hellcrman HISTORY SUMMARY: The City has had issues with property maintenance at 15105 63rd St. N. dating back as far as 1998, when a storage structure required condemnation. * In 2005 there was a garage packed with storage that burned down and also had to be condemned. On October 15, 2015 there was a house fire causing significant damage. A site investigation to the interior of the house, following the fire, revealed evidence of a hoarding. For the past 10+ years, the City has responded to nuisance matters at the property, primarily related to junk/vehicle accumulation and general maintenance. Typically efforts expended have resulted in some clean-up and maintenance, which unfortunately did not remain maintained. GENERAL CONDITION SUMMARY: The 10-15-15 fire destroyed the western portion and the northern front porch area of the house. The rest of the house received significant smoke and water damage from fire extinguishing efforts. Prior to the fire, the house was in poor maintained condition and since the fire has remained open to the elements and wildlife through windows, open doors, the roof and fire damaged areas. The structure is not habitable in its current condition. The homeowner has been advised that to regain occupancy, that the house would need to be brought to current Code and that the remaining structure would require inspection and certification of structural integrity by a certified structural engineer. To date, little has been done toward the end of placing the house into a habitable state. City of Oak Park Heights This is an older home that is not currently habitable and that which will require extensive work to both repair and update the electrical, mechanical, plumbing, framing and roofing systems in order to be Code compliant, including a structural engineering review of the framing and roof systems. CONCLUSION/RECOMMENDATION: Ciiven the significant damage incurred to the structure and its current condition of deterioration by being open and exposed to the elements, along with its history of poor maintenance and the interior evidence of hoarding, it is my opinion that the house is structurally compromised and unsafe for occupancy and should be demolished as soon as possible. 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"� �'+ - �,.r ,� J �+' {,rte'. r •y�}i...r G �. °� "` ¢,,� • �.:"'„�.. ,� /� �- ♦�`? 1�y'?�rr !• w,,f,,�' � ,.,�"< � � .d' i2,....µ" w �°.'. r 4RR r�"..x4 �Sl�*ga1Rtr A1�.� ! � '•'�jrrit$�fv �. � p. yh 'wisp .b OW ir y W ,. yy v 4 j ! r h M cx �r w r Pxf t r. � r 1 �gy� rr��w:r►: �' ra f� S r r y EY ro r • .1 �� ., �die. t , y 91 F Exhibit B ORDER OF THE CITY COUNCIL OF OAK PARK HEIGHTS TO RAZE HA:�7-4.I?I}OUS BUILDING LOCATED AT 15105 63" STRI1ZY NORTH, OAK PARD HEIGHTS, MN WHEREAS,pursuant to Minn. Stat. §§ 463.15 to 463.261,the City Council of Oak Park Heights finds the building located at 15105 63rd Street North, owned by Wayne and Lynne Hellerman("Owner"),and legally described as: LOTS 3 & 4,BLOCK 15, MC KENTY'S A7,,-11,_'TiON TO S`I'ILLWATER, COUNTY OF WASHINGTON, STATE CI~ rMNNESOTA, to be a hazardous building for the following reasons: i. The property was subject to a significant house fire on or about October 14, 2015; 2. The property sustained substantial damage during the fire and has been rendered uninhabitable, including that the western portion of the house and porch on the northern side of the house inclusive of structural members are heavily damaged by fire, and the eastern portion of the house sustained significant water and smoke damage; 3. fire;property's utility services have been shut off to avoid it being inhabited since the lire; 4. The City sent notice via hand delivery to the Owners on October 15, 2015 that all damaged portions of the property needed to be promptly demolished, that any remaining structure of the property be boarded up to exclude the elements and vermin, and that the remaining structure be inspected by a licensed structural engineer and a written report provided as to its structural integrity and suitability to being salvaged and restored. 5. The City sent another notice via hand delivery to the Owner on November 20, 2015, demanding completion of clean up and demolition by December 4,2015; 6. As of December$, 2015, the damaged portions of the house have bcm Partially demolished by the Owner, but substantial cleanup and demolition remain incomplete. WHEREAS,the conditions listed above were formally found and adopted by the City Council via Resolution 2015- 12-51 and the reports attached thereto. WHEREAS,the physical damage and condition of the property, and the Owner's failure to secure and remove the damaged and unsafe elements of the house, render it an attractive nuisance, blight, fire hazard, and hazard to public safety and health under Minn. Stat. § 463.151. Ilr' --FRE -Se the City Council declares the property to be a nuisance pursuant to Minn. Stat. 463.17, § 412.221 and under applicable City Code Section 1109.04 1 NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF OAK PARK HEIGHTS, MINNESOTA,AS FOLLOWS: 1. That pursuant to the foregoing findings and in accordance with Minn. Stat. §§ 463.15 to 463.261, and City Code § 1 l 09.06, the council hereby orders the record owners of the above hazardous building or their representatives to make the following corrections of the property at 15105 63`d Street North, Oak Park Heights, MN. a. Complete razing and demolition of entire house structure. b. Fill the foundation. c. Removal of all personal property and debris from the site. d. Immediately cease and desist from residing in the recreational vehicle onsite. 2. That the actions listed above must all be made within 20 days after this Order is served upon the property owner. The demolition and cleanup must be completed in compliance with all applicable Godes and regulations, pursuant to proper permits from the city. 3. That if actions listed above are not made within the time provided in paragraph 2, the building shall be subject to being razed by the City, the foundations filled, and the property cleaned of debris, and all costs thereof assessed against the property in compliance with Minn. Stat. § 463.161, 463.21 and 429.101. 4. That a motion for summary enforcement of this Order will be made to the District Court of Washington County in which the hazardous building or property is situated unless corrective fiction is taken, or urnless an answer is filed within the time specified in Minn, Stat. § 463.18, which is 20 days. 5. That in accordance with Minn. Stat. § 463.24, the owner or occupant must remove all personal property and/or fixtures that will reasonably interfere with the work within 20 days. If the property and/or fixtures are not removed and the city enforces this order,the city may sell personal property, fixtures, and/or salvage materials at a public auction after three days posted notice. 6, That if the city must take actions to enforce this Order, all enforcement costs will be specially assessed against the property and collected in accordance with Minn. Stat. §§ 463.22, 463.161, and 463.21. 7. That the city attorney is authorized to serve this Order upon the owner of the premises at 1510563 d Street North, Oak Park Heights, MN and all lien-holders of record. 8. That the city attorney is authorized to proceed with the enforcement of this Order as provided in Minn. Stat. §§ 463.15 to 463.261. 2 I Ordered by the City Council of the City of Oak Park Heights on December 8, 2015, Approved: Ma or f Atteste . Ci lerk 3