HomeMy WebLinkAbout9.d. Approval of Order to Remove Hazardous Conditions and/or BuildingAGENDA ITEM: Approval of Order to Remove Hazardous
Conditions and /or Building
AGENDA SECTION:
New Business
PREPARED BY: Alan Strand, Budding Official
AGENDA NO.
ATTACHMENTS: Order to Remove Hazardous Building,
Proposed Letter to Owner, Minn Stat
463, Photographs of Site
APPROVED BY:
RECOMMENDED ACTION: Motion to Approve Order to Remove Ha ardous Building and
Refuse.
4 ROSEMOUNT
CITY COUNCIL
City Council Regular Meeting: December 5, 2006
EXECUTIVE SUMMARY
BACKGROUND
On November 2, 2006 the detached garage located at 3110 146 Street West sustained extensive fire
damage The property which sustained fire damage more than 30 days ago, remains a safety and fire
hazard as determined by the Fire Marshall and Chief Building Official. Based upon staff inspection, the
damaged structure and surrounding refuse had not been dealt with as of December 1, 2006
This property has been problematic m the past. Previously, the property owner was cited for outdoor
storage violations, resulting in a court hearing and a conviction.
DISCUSSION
Recent inspections of the detached garage located at 3110 146 Street West have revealed numerous
violations of health and safety codes including the City Zoning Ordinance Section 11 -2 -9 on Outdoor
Storage, the Minnesota State Building Code Section 1300 0180, and the International Fire Code Section
110 Pursuant to _Minn. Stat 463 (copy attached), as a result of these violations, the structure meets the
defimtion of a hazardous building as follows. "Hazardous building or hazardous property means any
building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary
condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health." Photographs
of the site are also attached which support these findings
As a result of past experience with the owner's resistance to comply and cooperate, staff feels it would be
unproductive to request comphance from the owner with simple correspondence Pursuant to Minn. Stat.
5 463.16, "a governing body of any municipality may order the owner of any hazardous building or
property within the municipality to correct or remove the hazardous condition of the building or
property or to raze or remove the building." The order gives a 30 day compliance period and notice of
enforcement before the Dakota County District Court if compliance is not met
CONCLUSION
Motion to approve the attached Order.
AN ORDER OF THE CITY COUNCIL OF THE CITY OF ROSEMOUNT
ORDERING THE OWNERS OF THE BUILDING AT 3110 146 STREET WEST
TO REMOVE THE HAZARDOUS CONDITIONS IN THE BUILDING
OR TO REMOVE THE HAZARDOUS BUILDING
Dated: December 5, 2006
Background
A. Recent Inspections of the detached garage at 3110 146`" Street West have revealed numerous
violations of health and safety codes Including the City Zoning Otdmance Section 11 -2 -9 on
Outdoor Storage, the Minnesota State Building Code Section 1300 0180, and the
International Fire Code Section 110.
B. Photographs of the site in violation are attached as Exhibit A.
Fndzngs.
1. The conditions of the structure at 3110 146t Street West are the result of significant damage
sustained from a structure fire on or about November 2, 2006.
2 As of December 1, 2006, no actions have been taken by the owner of 3110 146 Street West
to correct the violations of health and safety codes
3 The structure at 3110 146 Street West is a hazardous building as that term is defined by
Minnesota Statute 463.15.
4. The conditions of the structure at 3110 146 Street West make it a fire hazard as well as a
hazard to the public safety and health.
5. The severe nature of the safety and code violations in the building at 3110 146t Street West,
require this City Council to issue its order requiring those violations to be immediately
repaired or, in the alternative, to require the demolition of the structure at that address
within 30 days from the date of this Order.
NOW THEREFORE, IT IS ORDERED BY THE ROSEMOUNT CITY COUNCIL AS
FOLLOWS:
1. Patricia L. McQuiston, the owner of the property at 3110 146 Street West is hereby ordered
to remove all safety and code violations pursuant to Minn Stat. 463 within 30 days from
the date of this Order. Ms McQuiston must obtain all necessary permits for any repair work
that is done In the alternative, if Ms McQuiston does not remove all violations, Ms
McQuiston is to demolish the dwelling at 3110 146 Street West within 30 days from the
date of this Order. Ms. McQuiston must acquire all necessary permits before demohshmg
the building.
2. If Ms. McQuiston does not remove all violations or demolish the building within 30 days
from the date of this Order, or unless an answer is filed within the tune specified in
Minn Stat 463 18, i.e 20 days from the date of service of this order, NOTICE IS
HEREBY GIVEN that the City of Rosemount will bring a motion before the Dakota
County District Court for summary enforcement of this Order.
3. A copy of this Order shall be served upon Ms. McQuiston in the manner provided by
Minnesota Statutes.
This Order was issued pursuant to action taken by the Rosemount City Council at its regular
meeting on December 5, 2006.
ATTEST:
Amy Domeier, City Clerk
CITY OF ROSEMOUNT
By: Witham H Droste, Mayor
December 5, 2006
Patricia L McQuiston
3110 146t ST W
Rosemount, MN 55068
Dear Ms. McQuiston:
It has come to my attention that the detached garage located at 3110 146t St W. has sustained
significant damage from a structure fire on or about November 2, 2006. On Friday December 1,
2006, I made the determination that this damaged structure meets the definition of a hazardous
building or hazardous property as defined m Minnesota State Statue 463.15 Subdivision 3.
According to Minnesota State Statute, "'Hazardous building or hazardous property means any
building or property, which because of inadequate maintenance, dilapidation, physical damage,
unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to pubhc safety or
health Attached for your reference is a copy of the Minnesota Statute.
Enclosed and served upon you is an Order of the City Council of the City of Rosemount ordering
you to remove the hazardous conditions of your detached garage as a result of the fire, or to remove
the building.
This order requires that action must be taken to remedy this hazard within 30 days from the date of
the Order. This building must be repaired and brought into comphance with all applicable building
codes, as well as zoning and City of Rosemount ordinances m force at the time of this order. The
building may be demolished and it and all the surrounding refuse must be removed and disposed of
properly
If you have questions regarding this matter, please call me at (651) 322 -2036.
Thank you in advance for your attention to this matter.
Sincerely,
Alan W. Strand
Building Official
Enclosures
463.15 DEFINITIONS.
Subdivision 1. Coverage. For purposes of sections 463 15 to 463 26 the terms defined in
this section have the meanings given them
Subd. 2. Building. "Building" includes any structure or part of a structure.
Subd 3 Hazardous building or hazardous property. "Hazardous building or hazardous
property" means any building or property, which because of inadequate maintenance, dilapidation,
physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard
to public safety or health.
Subd. 3a. Municipality. "Municipality" means a county, city, or town.
Subd. 4. Owner, owner of record, and lien holder of record. "Owner," "owner of record,"
and "lien holder of record" means a person having a right or interest in property described in
subdivision 3 and evidence of which is recorded in the office of the county recorder or registrar of
titles in the county in which the property is situated.
History: 1965 c 393 s 1; 1967 c 324 s 1, 1976 c 181 s 2; 1989 c 328 art 6 s 5,6; 2004
c147s1;2005c4s113
463.151 REMOVAL BY MUNICIPALITY; CONSENT; COST.
The governing body of any municipahty may remove or raze any hazardous building or
remove or correct any hazardous condition of real estate upon obtaining the consent in writing of
all owners of record. occupying tenants, and all lien holders of record, the cost shall be charged
against the real estate as provided in section 463.21, except the governing body may provide that
the cost so assessed may be paid in not to exceed five equal annual installments with interest
thereon, at eight percent per annum.
History: 1967 c 324 s 2; 1974 c 341 s 1, 2004 c 147 s 2
463.152 EXERCISE OF EMINENT DOMAIN.
Subdivision 1. Purpose, public interest. In order to maintain a sufficient supply of adequate,
safe, and sanitary housing and buildings used for living, commercial, industrial, or other purposes
or any combination of purposes, it is found that the public interest requires that municipalities
be authorized to acquire buildings, real estate on which buildings are located, or vacant or
undeveloped real estate which are found to be hazardous within the meaning of section 463.15,
subdivision 3 and the acquisition of such buildings and real estate is hereby declared to be a
public purpose.
Subd 2. Acquisition; procedure. In furtherance of the public policy declared in subdivision
1, the governing body of any municipality may acquire any hazardous building, real estate on
which any such building is located, or vacant or undeveloped real estate by eminent domain in the
manner provided by chapter 117.
History: 1974 c 341 s 3, 1976 c g s 140, 2004 c 147 s 3
463.16 REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION.
The governing body of any municipality may order the owner of any hazardous building or
property within the municipality to correct or remove the hazardous condition of the building or
property or to raze or remove the building
History: 1965 c 393 s 2, 1973 c 123 art 5 s 7, 1989 c 328 art 6 s 7, 2004 c 147 s 4
463.161 ABATEMENT.
In the manner prescribed in section 463 21 the governing body of any municipality may
correct or remove the hazardous condition of any hazardous building or property; the cost of
which shall be charged against the real estate as provided in section 463.21 except the governing
body may provide that the cost so assessed may be paid in not to exceed five equal annual
installments with interest therein, at eight percent per annum
History: 1974 c 341 s 2, 1989 c 328 art 6 s 8, 2004 c 147 s 5
463.17 THE ORDER.
Subdivision 1. Contents. The order shall be in writing; recite the grounds therefor; specify
the necessary repairs, if any, and provide a reasonable time for compliance; and shall state that a
motion for summary enforcement of the order will be made to the district court of the 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 section 463,18
Subd. 2. Service. The order shall be served upon the owner of record, or the owner's agent
if an agent is in charge of the building or property, and upon the occupying tenant, if there is
one, and upon all lien holders 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 or, if there is no building, in a conspicuous place on the
property, and by four weeks' publication in the official newspaper of the municipality if it has one,
otherwise in a legal newspaper in the county.
Subd. 3. Filing. A copy of the order with proof of service shall be filed with the court
administrator of district court of the county in which the hazardous building or property is
located not less than five days prior to the filing of a motion pursuant to section 463 19 to
enforce the order At the time of filing such order the municipality shall file for record with the
county recorder or registrar of titles a notice of the pendency of the proceeding, describing with
reasonable certainty the lands affected and the nature of the order. If the proceeding be abandoned
the municipality shall within ten days thereafter file with the county recorder a notice to that effect.
History: 1965 c 393 s 3; 1976 c 181 s 2; 1986 c 444; 1 Sp1986 c 3 art 1 s 82, 1989 c 328 art
6s9
463.18 ANSWER.
Within 20 days from the date of service, any person upon whom the order is served may
serve an answer in the manner provided for the service of an answer in a civil action, specifically
denying such facts in the order as are in dispute.
History: 1965 c 393 s 4
463.19 DEFAULT CASES.
If no answer is served, the governing body may move the court for the enforcement of the
order. If such a motion is made the court may, upon the presentation of such evidence as it may
require, affirm or modify the order and enter judgment accordingly, fixing a time after which the
governing body may proceed with the enforcement of the order. The court administrator shall
cause a copy of the judgment to be mailed forthwith to persons upon whom the original order
was served.
History: 1965 c 393 s 5; 1Sp1986 c 3 art 1 s 82
463.20 CONTESTED CASES.
If an answer is filed and served as provided in section 463.18, further proceedings in the
action shall be governed by the Rules of Civil Procedure for the District Courts, except that
the action has priority over all pending civil actions and shall be tried forthwith. If the order is
sustained following the trial, the court shall enter judgment and shall fix a time after which
the building must be destroyed or repaired or the hazardous condition removed or corrected,
as the case may be, in compliance with the order as originally filed or modified by the court.
If the order is not sustained, it shall be annulled and set aside The court administrator of the
court shall cause a copy of the judgment to be mailed forthwith to the persons upon whom the
original order was served.
History: 1965 c 393 s 6; 1Sp1986 c 3 an 1 s 82; 1989 c 328 art 6 s 10
463.21 ENFORCEMENT OF JUDGMENT.
If ajudgment is not complied with in the time prescribed, the governing body may cause the
building to be repaired, razed, or removed or the hazardous condition to be removed or corrected
as set forth in the judgment, or acquire the building, of any, and real estate on which the building
or hazardous condition is located by eminent domain as provided m section 463.152. The cost
of the repairs, razing, correction, or removal may be: a lien against the real estate on which the
building is located or the hazardous condition exists, or recovered by obtaining ajudgment
against the owner of the real estate on which the building is located or the hazardous condition
exists. A lien may be levied and collected only as a special assessment in the manner provided by
Minnesota Statutes 1961, sections 429 061 to 429.081, but the assessment is payable in a single
installment. When the building is razed or removed by the municipality, the governing body may
sell the salvage and valuable materials at public auction upon three days' posted notice
History: 1965 c 393 s 7; 1974 c 341 s 4, 1989 c 328 art 3 s 3
463.22 STATEMENT OF MONEYS RECEIVED.
The municipality shall keep an accurate account of the expenses incurred in carrying out
the order and of all other expenses theretofore incurred in connection with its enforcement,
including specifically, but not exclusively, filing fees, service fees, publication fees, attorneys
fees, appraisers' fees, witness fees, including expert witness fees, and traveling expenses incurred
by the municipality from the time the order was originally made, and shall credit thereon the
amount, if any, received from the sale of the salvage, or building or structure, and shall report its
action under the order, with a statement of moneys received and expenses incurred to the court
for approval and allowance Thereupon the court shall examine, correct, if necessary, and allow
the expense account, and, if the amount received from the sale of the salvage, or of the building
or structure, does not equal or exceed the amount of expenses as allowed, the court shall by its
judgment certify the deficiency in the amount so allowed to the municipal clerk for collection.
The owner or other party in interest shall pay the same, without penalty added thereon, and in
default of payment by October 1, the clerk shall certify the amount of the expense to the county
auditor for entry on the tax lists of the county as a special charge against the real estate on which
the building or hazardous condition is or was situated and the same shall be collected in the same
manner as other taxes and the amount so collected shall be paid into the municipal treasury. If the
amount received for the sale of the salvage or of the building or structure exceeds the expense
incurred by the municipality as allowed by the court, and if there are no delinquent taxes, the
court shall direct the payment of the surplus to the owner or the payment of the same into court, as
provided in sections 463 15 to 46326. If there are delinquent taxes against the property, the court
shall direct the payment of the surplus to the county treasurer to be applied on such taxes.
History: 1965 c 393 s 8, 1974 c 329 s 1; 1989 c 328 art 6 s 11
463.23 PAYMENT, TENDER, DEPOSIT IN COURT.
The net proceeds of a sale under section 463 21 or section 463.24 shall be paid to persons
designated in the judgment in the proportions as their interests shall appear therein. Acceptance of
such payment shall be taken as a waiver of all objections to the payment and to the proceedings
leading thereto on the part of the payee and of all persons for whom the payee is lawfully
empowered to act. In case any party to whom a payment of damages is made be not a resident of
the state, or the place of residence be unknown, or the party be an infant or other person under
legal disability, or, being legally capable, refuses to accept payment, or if for any reason it be
doubtful to whom any payment should be paid, the municipality may pay the same to the clerk, to
be paid out under the direction of the court; and, unless an appeal be taken such deposit with the
clerk shall be deemed a payment of the award.
History: 1965 c 393 s 9; 1986 c 444
463.24 PERSONAL PROPERTY OR FIXTURES.
If any building ordered razed, removed, or made safe and sanitary by repairs contains
personal property or fixtures which will unreasonably interfere with the razing, removal, or repair
of such building, or if the razing or removal of the building makes necessary the removal of such
personal property or fixtures, the original order of the governing body may direct the removal
of such personal property or fixtures within a reasonable time If the property or fixtures are
not removed by the time specified, and the governing body subsequently desires to enforce a
judgment under sections 463 15 to 463.26, it may sell the same at public auction as provided in
section 463.21, or if without appreciable value, the governing body may destroy the same.
History: 1965 c 393 s 10
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