HomeMy WebLinkAbout2019-04-23 CC Resolution 19-04-22 RESOLUTION NO. 19-04-22
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND ORDERING
THE REPAIR OR REMOVAL OF HAZARDOUS BUILDING LOCATED
AT 5845 STAGECOACH TRAIL NORTH
WHEREAS, the property located at 5845 Stagecoach Trail North in the City of Oak Park
Heights (hereinafter "Property"), as legally described on the attached"Exhibit 1,"has recently
had the roof collapse in late February or early March of 2019 following a winter snowfall; and
WHEREAS,the City became aware of the matter and City's Building Official Julie Hultman
procured multiple photographs of the unsafe and hazardous condition of the Property on or about
March 6, 2019, which are attached hereto as "Exhibit 2."Not only is the roof collapsed, but at
least one wall also appears to be bowed, damaged, and structurally unsound; and
WHEREAS, according to county property tax records, the Property is owned by A-1
Maintenance, Inc., P.O. Box 10904, White Bear Lake, MN 55110. According to the Secretary of
State,the CEO and registered agent of A-1 Maintenance, Inc. is Jon Nelson, 9010 68th Street N.,
Grant, MN 55082; and
WHEREAS, Ms. Hultman sent a certified letter to the owner of the Property on March 8, 2019
advising that the Property was unsafe and unfit for occupancy, and directing the owner to abate,
repair, or demolish the public nuisance condition of the Property no later than April 8, 2019. A
true and correct copy of Ms. Hultman's letter is attached as "Exhibit 3;"and
WHEREAS, as of the date of this Resolution, the unsafe and hazardous condition of the
Property has not been repaired or otherwise abated; and
WHEREAS,based upon the foregoing information and exhibits, the City Council of the City of
Oak Park Heights makes the following findings of fact regarding the Property:
1. The structure in question on the Property has a substantially collapsed roof, bowed and
damaged walls, and is unsafe,uninhabitable, a public nuisance, and is hazardous.
2. The condition of the structure allows the elements, weather, and birds or pests to enter the
structure.
3. The condition of the structure renders it susceptible to further collapse, causing a risk to
the safety of any occupants and the public.
4. The Building Official further notes that the Property is in need of review by a structural
engineer and any identified structural problems must be repaired.
5. The Building Official notes the property is hazardous, unsafe, and uninhabitable, and in
lieu of the foregoing extensive repairs, may be better off simply razed and torn down.
WHEREAS, Minn. Stat. §§ 463.15 to 463.261 provides the power to the City to demand the
repair or removal of hazardous or substandard buildings for the benefit of public health and
safety; and
WHEREAS, the City's Code of Ordinances, section 1109.01, defines as a public nuisance any
property which endangers the health, safety, comfort or repose of the public or depreciates the
value of other properties in the City; and
WHEREAS, the City's Code of Ordinances, section 1109.04.G, defines as a public nuisance any
building or alterations to buildings made in violation of fire ordinances and building codes
concerning manner and materials and construction.
WHEREAS, Building Official Hultman opines that the Property is in violation of Minn. State
Building Code 1300.0180; and
WHEREAS, the City is concerned for the safety of any occupants of the Property and directs
that the Property be vacated until it is properly repaired.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE
CITY OF OAK PARK HEIGHTS THAT THE CITY DECLARES AND ORDERS AS
FOLLOWS:
1. The foregoing recitals and findings of fact are true and correct and incorporated herein by
reference.
2. The City fords and declares that the building on the Property located at 5845 Stagecoach
Trail North is a hazardous and substandard building as set forth in Minnesota Statutes
Chapter 463 and is declared a public nuisance under applicable City Code because of
inadequate maintenance, dilapidation,physical damage, and unsafe conditions, and
constitutes a fire hazard and a hazard to public safety and health,particularly to its
occupants and other nearby properties.
3. The City orders that the following repairs to the Property must be completed: repair of
the damaged roof,walls and structural elements throughout the Property, to be
compliant with Building Code and as recommended by a duly licensed structural
engineer,with any repair work to be performed by a duly licensed contractor.
4. The Owner and his contractors shall obtain proper Building Permits for all work to be
performed, and all repair work shall be duly inspected by the Building Official as the
work progresses and shall be performed in conformance with State Building Codes.
2
5. In lieu of the foregoing repairs, which are extensive and may be cost prohibitive given the
age, condition, and value of the Property,then the City orders that the hazardous structure
on the Property be razed, demolished, and torn down.
6. The City orders that the foregoing repairs or demolition be completed no later than June
30,2019, which is deemed to provide a reasonable time to gain compliance.
7. The City directs that the Property should not be inhabited or used unless and until such
repairs are completed.
8. The owner and any tenants or occupants are hereby notified that a motion for summary
enforcement of this Order will be made to the Washington County District Court unless
timely corrective action is taken, or unless an answer is filed within the time specified in
Minn. Stat. § 463.18.
9. The owner and occupants are further notified that enforcement of this Order in the court
will include a request that the City be permitted to enter onto the Property per Minn. Stat.
§ 463.151 and abate and correct all conditions thereon,up to and including razing the
hazardous building, and assess all reasonable costs therefore against the Property, or
obtain a personal judgment against the owner,pursuant to Minn. Stat. § 463.21.
10. This Order shall be served upon the owner of record, upon the occupying tenant, and
upon all lienholders of record, in the manner provided for service of a summons in a civil
action. If the owner cannot be found, the order shall be served upon the owner by posting
it at the main entrance to the building, and by four weeks'publication in the official
newspaper of the City.
l4,
Approved by the City Council of the City of Oak Park Heights this 'L3 day of April, 2019.
2` mL
.(---2-/-r-//'
Mary
M ' cber, Mar
rAT ' / l
.,111/�
ri - /.ohnson, City Administrator
1
3
EXHIBIT 1
LEGAL DESCRIPTION
All that part of the Northwest Quarter of the Northeast Quarter(NW 1/4 of NE 1/4) and Northeast
Quarter of the Northwest Quarter(NE '/4 of NW 1/4) of Section Three (3) Township Twenty-nine
(29), Range Twenty (20), described as follows: commencing at a point 5 rods and 3 links east
from the Southwest corner of the Northwest Quarter of the Northeast Quarter(NW 1/4 of NE 1/4)
of Section 3 (3) Township Twenty-nine (29), Range Twenty(20), thence east 4 rods and 22
links, thence North 32 rods and 22 links,thence South 77 degrees west 10 rods for a point of
beginning; thence South 13 degrees East 100 feet, thence North 77 degrees east 300 feet, thence
North 13 degrees west 50 feet,thence south 77 degrees west 150 feet,thence North 13 degrees
west 50 feet,thence South 77 degrees west 150 feet to the point of beginning. EXCEPT a strip
of ground Thirty(30) feet wide running from north to south through and across the following
described real estate: All that part of the Northwest Quarter of the Northeast Quarter(NW 1/4 of
NE 1/4) of Section Three (3) in Township Twenty-nine (29)North of Range Twenty (20) West,
described as follows,to-wit: Commencing at the Southwest corner of a piece of land heretofore
deed by John Cover and wife Elizabeth cover by deed dated May 19, 1858, and recorded in the
office of the Register of Deeds in and for said County in Book J of Deeds on page 344,thence
north seventy-seven (77) degrees east, along the south line of said last described tract Three
hundred (300) feet, thence south thirteen (13)degrees east, fifty (50) feet,thence south seventy-
seven(77) degrees west, three hundred (300) feet, thence north thirteen(13) degrees west, fifty
(50) feet to place of beginning, in accordance with a survey made of said Thirty (30) foot strip by
George Cox dated September 9, 1906, a map or plat of which survey is attached to the certain
deed dated January 7, 1907, made by George W.E. Hill and wife to the State of Minnesota,
marked "Exhibit A",which deed is recorded in Book 68 of Deeds on Page 8, in the office of the
Register of Deeds in and for said county, reference to which deed and exhibit is hereby made for
a more particular description of the real estate herein conveyed, and a duplicate of said map or
plat is on file in the office of the State Auditor of the State of Minnesota at the Capitol building
in the City of St. Paul, said State. Said second party agrees to construct crossing for the use of
said first party, his heirs and assigns. ALSO EXCEPTING all that part of said NW 1/4 of NE 1/4 of
said Section Three (3) described as follows: Commencing at a point 5 rods and 3 links East of
the Southwest corner of the NW I/4 of NE 1/4 of said Section 3; thence North 13 degrees West a
distance of 411.5 feet; thence North 77 degrees East a distance of 183 feet to the point of
beginning; thence continuing a distance of 150 feet; thence North 13 degrees West a distance of
50 feet; thence south 77 degrees West a distance of 150 feet; thence South 13 degrees East a
distance of 50 feet to point of beginning. EXCEPT a strip of land 30 feet wide running from
North to South through and across the above described property as described in that certain deed
dated January 17, 1907 and recorded in Book 68 of Deeds on page 8 in the office of the Register
of Deeds in and for said County.
This property is Torrens, the Torrens Certificate No. is 49978
PID: 03.029.20.12.0013
Property Address: 5845 Stage Coach Trail, Oak Park Heights, Minnesota
4
EXHIBIT 2
BUILDING OFFICIAL PHOTOGRAHS FROM 03/06/19
5
•'r
k
: ivido,'
I
f
'Y
''''‘.*:..1„* ' ' . ;''.4' ''''i', ''. ,41 ,,,-#:-c,,,:-,i:.;01.!,_Afr,-':-.=, , r 4,.'-
* .x . .1a :.-1‘1110,i'll‘k.4,1;le.,;irlip.:.':„....
' s € '^4,.....,,,;5"._:...."..4.A- #� 1.:00:1114..i.„001.1
'1'
•u
.!,4,414';',.:lesitr.,,;,,2,
j aka }
Ili,
':'i::'
4.a. '''',sy.r..pw s..r..,11,..y.�rw... .,r, € s i
c � 'zf- # +i � MIP-
s S. .� `S, � �
' *' tZi' 7,* .1 ', 4, "IT, St\l'A 4 "
op„,7* 4,—‘144. „. T.,' tO IN't ' i ..,- r ,.., ,,,
.... .......... . ., ,,..„ , it. W ,C.'
i
, „,,,,,,,,,
a. ... , rvli ,
..
-,-. ,.., 44.
ate. - . ..
a, ! ,„ . ..” #9� M
..,,,,h ...
** if . ' Wiliao
114 . it ;- •-� ��
ipt
''''''.'illit... 1 ' . . A :S11.* 00'4 Ti 111/trk 414 AC rt., '' & ' "#‘ dt." ' *-' ' t ' ''
14
5::
•
ik
+s • "� * ,fir '1 % . � * rags f . ' �A � � r: ' 1• #s� a Yi .'" o4""$�� rY"
Jo,
40
111 Ir•
db
ik
et °I 1 j:. 4- ' lir"ite 4 '‘ 0 ' - ' ' ' * '
4„.
4,40 A ,
..,.., -.. .., ,
, v _. ip, y,. * . 0 4= 4 '*
ri. -.4/414* '.1// ":14;414f NI tt ril ''' 't fit *“ r '411,,,,119.. .." :9' ci '1 *'''44 ' l' S'': ' .^:*'' /
: I to:,i ri;#4,,, i.irti,1 * i, . ,, 40,,t, 1 4 .4 ,,,,,,,,. .
v. ..,/,fit;:!,,ioti), '-s: n V pc- ". ,'.4 1# ""r:*, :' ''',:, ' ' ' :
"44
.
r/-',/., ", 4.,,' ' .,"' - 0,40.-0. 1., 46; ) ,orior' -* -, " *-- 4.-i ..;,-4
/ .... #, ., 07/ o IVA toll, i ft ..,.. ./01flik..--40.1F14:'..r 41 ** - ' ,!'
ig
d 4 � j".
f ' 3
A
a d
- - -- v‘-4-1-41-N-. •--44 -
--jiirr,iii.
�'ire� '���# .-ARP* r*` '. 7 meq'S
""-.moi r a`` '' " '.
a
10010
_,, • .,4
_. 14..2'-P..-,___.-'..._ _00:,: **"... ik,' 7'4' ' - ,... , , At. , _ ' T: .-,,,-,..4„,,, , . . ,,,,,i.. .„...00 ,:,- -.'"-.,,, --,;,,,,,,,-, -,..:,, ,
,-,. ...6.- _a,,—, 000,0"" _„, '. , ' ' —....- ._-_--4.... _ '- 410,4.... '''4,.:r4r ,• • ...•,-,11,1)04i.--
ilitige
s y
lit
g p *. s. � t ► vim• .
r
47.,,*:.--
s� i ae�*t � r_r4 = a-
�,� �„ - at7 �� �nww 'Q ` ;-
... ., Via*
s
Ayr
es r„
' ' 1 - ' - -'.--.-'''.1-4441...1'.._,'V-1*-'1, -----t...'71f,;... -,-;"4;_-'-111°--. *--'4'--'-'4.-.7.---Z ',--',..:- ';'
!.
9h t
x 3� ry F .
4 r .. i
2,—.
'
' - � wi
' •4`
{ }u '�
" ,rd1
lifir
^F. r..a-ry 7,G ,, - d
r
y
y,
} #'
1 t, R
q*
'
s;,,,,,•-•,,,,,;,f...,,,_,.. ,,,,,,77:::: .,,, ././
a " p # -.
,i,'-'. §
4 i
r:
tf
1
# a f t
� j .! " '''.':- ''' ' 1 i 1 til
I m'k AI �(j$JA. ?q'�} F'�X
.-- 4 N { # -d' 1'i
« �• � '#.? **.1/44,,
r,,,,,,,, .,„ .,:„,,, ,„, ,. • _ ,,_ ,_
g y
',`- „ ,;',..,3',;:e----'',4',',.'_'''':'--
tg a:' t,,,, . ..,„ „:asst: € „ . .,-,, , t;. .,,eG , s pP r. "'� e`- "'.
- ' i '-` P '. #:010% '174*—* V° - , ''''ES.: ........”)
t .. for tt,„1:_41.0il , ,...... „.
•
Ii _
hIt : i
f
i',1 it_ ' i
-.
-, i,
1 ,.,, , „,„ ...,,, , i , i , , , •,. ,i
- F - r ,,
I
,„ ,„. _,,, .',,,,,: i 'I. ....: ,.,1 •, 1
I i ; '
..---,
:
t,
s4. if
` v� !via e _
v
4
4 , kl,4 i- i# ,,
e
4 r -i w.,.; i..*(...,„A.if
. '013;.• 1r. ,i'
i .
.. � i '
r i .. /
4
My
•� 41 ,� MF*Ii1
+fi }
� ,r 1 r' f ' J: TT;
tti � f
T .
5
y �P • is
i ° .Vii;,A r' "P4.4.!,'N1.
gie
0
i t' 4'.11 1 , ,r ,' ,r ;,r
rC4. 3 e ffrill'#ii e Al 1'(r f t ,..x.k;;x. 1-3, ', i- - m - ; * ^,.-,4^ r.:4.1,-,-;---.1-‘,:.-_- `^ =,.. 4' -asae s t4.A�,-:-'...-..—.''''',-,.,:°!--,-',-',--,-,-;.=..::.'-',!;,f-','--,,,;, :-
..7.;t ,t Y
rr I 4
•;117,6 - `, l' ,- -.
,,'?...T, '*„.�'>: "' - ads- } -.,.3a n r '. _ e? .t.="`
# :t (.'py ,iii *�ia .
4
,,..
... ....i, ...,:i, ....,....,
. ,,,._ _ ._...
,. .,...,b :',;e:::,,r4,1111 ,4.,,,,,---....,- - -
'' 1:.!1 iiv,,-,..-!;. i':;----,,,i,Tii-i,--5,--2-*7-,-.'7:1;42:7:.4-iii- -„t-:iiiitt,i3=.41-.11Z',$,....1,13,.1Qt-i...-‘ft-rX,-;as'...?40-..-1:4,47;-,,irrAti-4:.r4._Ao-,,,,wv:,..*:
w .Li �, 8 e rte. .z
,
.7 - `*''fiat
{.e- _te > , !. -.�
t
i.. df
,..\\t,,, ,'''' '',t.:.,, \- -1,- '''''' '''' --1'11'44‘4'' 4' ''''''''1''''N '.-
k
%,-,\::;."''-'... \';'...,„t- N '^' , '''.=. '
` , ,
11\
r
� �� #. x �
'S : ��.
°4 Fy +�
,,,,, ....„ --,..,,\--x-:,:-:„ \
z
ig -t
t. y rz c oe 4 x .�
4
,
Y
':::::::. .:•?::-,,, '‘'.."--:tki_:;•'*'*-. ' .`, \-...''''''‘,.:\\'''' "'''-4-''''''' \ _ ...,4,- '''' "\'31'''''..":
--_-- \ \----„,..„-.: '.„-...-,,,.\,..-..,,i,„\ \--__,:k.. , ,\ _ ,\,,,,, ..- ; - i , ,„... .:77,._ _, ,,,,,
_ -,„,, „,.\\---7,.. ,,,,, \-,,,,,,,„„ \ ',.„, -sN. ,\ --' ,,''t,,,, - , '1,^,-=„,: „ ,-L.:
\ .11.'lkt-,\ '''.\\_-. , '',.;;:.-'-'„.:'=
��< # Fid. y,
`' � t '4
` "� '5 i '
\ \
$ 4
'R
‘,N.:1`41:-..'!"'4-;:7Cli.;
���a ,-ms# hs N 'k � 4
sg-;;Ai.,,7',.',-,,,,k-,,'„...‘,..\ . - _-_, -,, ,,, , .., . ,
� �%- , y` e
&.S
� k!
.'' -'t';'''-'4"' " - 44 'ISk''' Vr 113.1r4ft* -i '41-44* --.. . ' .: 4,4e4„...
14
ar
� Y
' 111/11,
..amu , F ,f �# iii IM. 411 �1 '.!
box Le 4 S!° } p .F
_�t
-',.... - 1144111111Ki ' i V..-,, . ,: 4,1,4 1'7-
�q a
41
* '`kilt' i tot fif} k , a.f. 9 ,f
44
,:,... „,... ,., ,.... ,,,,,, ,r.
y,, it tk... . k
- 4
. ..„,,.., . .._ ;.„` ..= ,,a _ P - ,.
ski
{T� .411110,
� 1 4 t
4 ,xs +. `,� r" rix
F 4 14'41P
MI. 'fe
,. 'I .
EXHIBIT 3
BUILDING OFFICIAL LETTER SENT 03/08/19
6
CITY OF
� '' OAK PARK HEIGHTS
1416$Oak Park Boulevard North • Oak Park Heights.MN 55082 • Phone:651/439-4439 • Fax:651/439-0574
March 8,2019
CERTIFIED MAIL
Mr.Jon Nelson
A-1 Maintenance
P.O. Box 10904
White Bear Lake, MN 55110
Re: Roof Collapse @ 5845 Stagecoach Trail, N., Oak Park Heights, MN
Dear Mr. Nelson:
A large portion of the roof has collapsed at your shop, located at 5845 Stagecoach Trail N.,Oak Park
Heights, MN 55082. The collapse appears to be approximately one-half of the rear garage area. The
back wall is visibly bowed.
This condition presents a safety hazard to human occupancy and is deemed unsafe for human
occupancy and is a public nuisance per 2015 Minnesota State Building Code Section 1300.0180 Unsofe
Buildings and Structures.A copy of this Code section is enclosed.
The building shall be immediately vacated and remain so, until such time that the public nuisance is
abated. Abatement may be accomplished through repair of the roof&structure or demolition of the
structure.
While it is likely that you are already taking the steps to abate the situation,this letter serves as the
City's Order that the building be vacated immediately and that the public nuisance of its unsafe
condition be undertaken as soon as possible, but no later than Tuesday,April 8, 2019. A city licensed
contractor is required to perform the building repair or demolish it. A work permit shall be required.
Structural engineering for repair of the wall shall be required and provided with the work permit
application.
Regardless of your plan for abatement,a meeting to discuss options is with merit. Please contact me to
set this up, upon your receipt of this letter.
Your prompt attention is appreciated. ••-"f,, "a 7,-J;144- =
2015 Minnesota State Building Code
1300.0180
UNSAFE BUILDING OR STRUCTURES
A building or structure regulated by the code is unsafe, for purposes of this part, if it is
structurally unsafe, not provided with adequate egress, a fire hazard, or otherwise dangerous
to human life.
Building service equipment that is regulated by the code is unsafe,for purposes of this
part, if it is a fire, electrical or health hazard; an unsanitary condition; or otherwise dangerous
to human life. Use of a building, structure or building service equipment 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 purposes of this part,
an unsafe use. Parapet walls, cornices, spires,towers, tanks, statuary, and other appendages or
structural members that are supported by, attached to or a part of a building and that are in
deteriorated condition or otherwise unable to sustain the design loads that are specified in the
code are unsafe building appendages.
The building official shall order any building or portion of a building to be vacated if
continued use is dangerous to life, health, or safety of the occupants. The building official shall
have the authority to order, disconnection of utility services to the building, structure, or
system, regulated by the code, in case of an emergency to eliminate a hazard to life or
property. The order shall be in writing and state the reasons for the action.
All unsafe buildings, structures, or appendages are public nuisances and must be abated
by repair, rehabilitation, demolition, or removal according to Minnesota Statutes, Section
463.15 to 463.26
•
U.S. Postal Service
CERTIFIED MAIL RECEIPT
al (Domestic Mail Only,No insurance Coverage Provided)
EEr Far delivery Information visit our website at www.usps.corn
r-R Pottage 4 50
3/8119
0 , Required) Here(Endorsement ',50pow
CI
Ftestricied Delivery FeefEndortement Required)ru
Q Total Poslaips&Fees $
rd to
WriiiC
OrP No Pv J l90(f
Oly,State.2`04.1
CO 5 Si 10
j 1c1 0"iti_
S DER.COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
IF Complete Items 1,2,and 3.Also complete
Item 4 if Restricted Delivery is desired. -
W Print your name and address on the reverse (
so that we can Tatum the card to you. 0Addressee
it Attach this card to the back of the maiipiece, B. Ft:. •
by(Printed Name) C.Date of Delivery
or on the front if space permits.
1. Article Addressed to: D. Is det1very address different from item 1? 0 Yes
on ( ,Sc,7 if YES,enter delivery dress below: 0 No
p,ft Po'';
A- 1 H a!n-�.e a _
rc ,
P. 0 . 601 1G?ce4
+ jf, � 3. Service Type
17+e, e L a• , !(-t i) Certified Mail CI Express Mail
--t 0 Registered 0 Return Receipt for Merchandise
S,/ 0 0 Insure(Mail ❑C:o.o.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
(Transfer from service lobe,, CM 3 3 D 2 D DDD 2 1150 2902
PS Form 3811,February 2004 Domestic Return Receipt
102595-0244-154o