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HomeMy WebLinkAbout85-42 - ADMIN Resolution - City Council - 1985/04/01RESOLUTION NO. 85-42 RESOLUTION REGARDING ORDER TO RAZE AND REMOVE HAZARDOUS BUILDINGS LOCATED AT 3040 INGLEWOOD AVENUE SOUTH WHEREAS, Lucille M. Noer is the owner of record and James G. Thompson and John C. Krogstad as KT Associates, a partnership, are the holders of a Contract for Deed, of the property located at 3040 Inglewood Avenue South, legally described as: Lot 8, Block 1, Manhattan Park 1st Addition to St. Louis Park, Hennepin County, Minnesota; and WHEREAS, The City Council of the City of St. Louis Park has made the following findings of fact regarding a vacant house and garage on the above described property: 1. Mr. James G. Thompson, co-hol der of the Contract for Deed, obtained the following permits and approvals from the City of St. Louis Park. A. October 5, 1976, the City Council approved resolution No. 5063 granting a Special Permit to remodel the house into an office. The Special Permit expired on July 15, 1977. B. September 4, 1979, the City Council approved Resolution No. 6340 granting a sideyard setback Variance and Resolution No. 6345 granting a Special Permit to remodel the house into an office, build an addition to the office and build a new garage. C. March 2, 1983, the City Council approved Resolution No. 7353 granting a sideyard setback Variance and Resolution No. 7354 granting a Special Permit to remodel the house into an office, build an addition to the office and build a new garage. D. November 9, 1983, Building Permit No. 19301 was issued in accordance with Resolution No.'s 7353 and 7354. 2. Al Variances, Special Permits and Building Permits aforementioned have expired. 3. On December 20, 1984, the City sent a notice to Mr. James G. Thompson, co -holder of a Contract for Deed, and to Mrs. Lucil le M. Noer, owner of record of said property, stating 1 that the structure was a hazardous building. The notice set forth the deficiencies of the structure and instructed the owner to secure the property and to reduce the safety hazard as provided in Minn. Stat. 463.251. The notice also stated that the Variances, Special Permit and Building Permit granted by the City to said owner, all expired. 4. Mr. James G. Thompson did not respond to the City's notice and has not taken any remedial steps to improve the hazardous structure. 5. Upon receipt of the December 20, 1984, notice, Mrs. Lucille M. Noer, owner of record, contracted the Director of Inspectional Services and stated that she is not responsible for the property but acknowledged that she still holds the Warranty Deed. 6. On January 11, 1985, the City took action to secure the vacant, hazardous structure. 7. The secured hazardous structure is still incomplete and sub- standard. The following points highlight its deficiencies. A. The house has been completely gutted on the interior exposing all joists, studs, rafters and the outside walls. B. A number of openings have been cut into the structure including enlargement of the existing window and door openings. The openings subject the interior to inclement weather conditions and thereby accelerate the rotting and deterioration of the interior areas, especially those areas near the openings. C. Prior to securing of the structure by the City, the lower openings to the first floor and to the basement provided an attractive nuisance. D. The 2 x 4 roof rafters are overspanned and are provided with an insufficient number of collar ties. E. The floor joists are undersized for the existing spans. F. There is no provision for ventilation of the roof or attic areas. K G. Openings in the floors are not provided with guard rails. H. There is no handrail on the stairway. I. The electrical wiring on the upper floor was not done with an electrical permit and was not inspected. J. The plumbing fixtures have been removed and the sewer connections have not been properly capped. The water meter froze and cracked and was removed by the city. K. The garage at the rear of ther property was rotted and the rear wall is misaligned. L. The general lack of maintenance and the abandonment of the structure constitutes a fire and safety hazard to the neighborhood. M. The exterior premises have not been maintained in a sanitary condition because of the lack of weed cutting and removal of litter. N. The second floor openings have not been closed and still permit accelerated rot and deterioration from the weather. 8. Given the hazardous condition of the structures described above, the -Director of Inspectional Services maintains that: The main structure (house) and garage must be razed and removed; the foundation structure must be removed 1 - 2 feet below natural grade level; the basement floor must be broken to avoid the collection of moisture; the city sewer and city water must be properly abandoned; a permit for demolition must be issued with the appropriate inspections. 9. The City Council conducted a public hearing at its regular Council Meeting on March 18, 1985 at which time Mr. James G. Thompson and Mrs. Luci 1 le M. Noer appeared before the City Council. Mrs. Noer stated she had no responsibility for the property and Mr. James Thompson acknowledged he was the owner and had not recorded the deed. Mr. Thompson further expressed an interest in rehabilitating the property. WHEREAS, the property and its vacant house and garage are located in the R-4 residential neighborhood with apartment buildings and single family homes; and 3 WHEREAS, the City Council of the City of St. Louis Park having duly considered the matter pursuant to Minnesota Statutes, Section 463.15 to 463.261, finds the vacant house on the above described property to be unsafe and hazardous to the public health, safety and welfare because its walls, roof and floors are rotted, deteriorated and not constructed to minimum building code requirements; the second floor level is still open to the elements of the weather; it has no utilities; it is not constructed according to minimum state building code requirements and it has been abandoned and not maintained, thus al lowing it to become dilapidated and deteriorated; and further finds the garage on the above described property to be unsafe and hazardous because its walls and roof are sagging and misaligned; it has been abandoned and not maintained, thus allowing it to become dilapidated and deteriorated. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Louis Park: 1. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, Section 463.15 to 463.261, hereby orders the record owner and/or the holder of the Contract for Deed 41 of the above hazardous buildings, or their representatives, to raze and remove such buildings within twenty (20) days of the service of this Order. Council further orders that all personal property and fixtures that may unreasonably interfere with the razing and removal of the building shall be removed within twenty (20) days. If not so removed by the owner, and/or the holder of the Contract for Deed, the City of St. Louis Park may remove and sel 1 such personal property and fixtures at public auction in accordance with law. 2. Further orders that unless corrective action is taken or an answer is served upon the City of St. Louis Park and filed in the office of the Clerk of District Court of Hennepin County, Minnesota, within twenty (20) days from the date of the service of this order, the motion for summary enforcement of this order will be filed with Hennepin County District Court. 3. Further orders that if the City is compelled to take any corrective action herein, all necessary costs expended by the City, its employees, officers, agents, and the City Attorney's office, will be assessed against the real estate concerned and collected in accordance with Minnesota Statutes, Section 463.22. 1 4. Authorizes and directs the City Manager, the City Attorney, officers, agents and employees of the City to take such action and 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 Uv Mar----- ------------------------ Attest: Cit----yCl------ erk -------------- Reviewed for Administration C'ty Manager Approved as to form and legality: 5