Loading...
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 1 4 z: „w*