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HomeMy WebLinkAbout87-108 - ADMIN Resolution - City Council - 1987/08/17IP "REPLACEMENT" RESOLUTION NO. 87-108 RESOLUTION REGARDING ORDER TO RAZE AND -REMOVE HAZARDOUS BUILDING (TREE HOUSE AND DECKS) LOCATED AT 4800 MINNETONKA BOULEVARD WHEREAS, Mark M. Tucker and Catherine A. Tucker, husband and wife as joint tenants, are the owners of record of the property located at 4800 Minnetonka Boulevard, legally described as: Parcel 1: Lot 12, except that part thereof lying Southeasterly of a line drawn from a point on the South Line of said lot, distant 20 feet West of the Southeast corner thereof to a point on the East line of said lot distant of 20 feet North of said Southeast corner; Lots 13, 14 and 15, "Oak Manor", according to the recorded plat thereof. Subject to a reservation by the State of Minnesota of minerals and mineral rights, as to Lot 15. (Certificate of Title No. 614420) (Commonly known as 4800 Minnetonka Boulevard, St. Louis Park, Minnesota) WHEREAS, the City Council of the City of St. Louis Park makes the following findings of fact regarding a structure (tree house and decks) in a silver maple tree on the above described property: 1. The tree house consisting of enclosures and decks located in the tree is a structure as defined in Chapter 4 of the 1979 Uniform Building Code as adopted by the City of St. Louis Park and as defined in the State Building Code. These Codes define a structure as "that which is built or constructed, an edifice or building -of any kind, or any piece of work artificially built or composed of parts joined together in some definite manner". 2. The City of St. Louis Park has not issued any permits for this structure (tree houses and decks) and no plans or permits were sought before or after the construction of the structure. This structure cannot be evaluated by visual inspection or other means available to the City, for its structural integrity against the requirements and standards of the St. Louis -Park Ordinance Code and the -State jai tiding Code. A registered structural engineer is required to provide a signed structural analysis noting the structural integrity of the tree houses and decks and_the capability of the tree to withstand the existing loadings. 3. St. Louis Park Ordinance Code violations are as follows: a) No building permit was obtained for this structure as required by Section 15-211 of the City Ordinance Code. b) No electrical permit was obtained to provide power to the tree house as provided in Section 15-261 of the Ordinance Code. Presently an electrical cord is connected to the front yard light. - 2- c) - c) No framing and footing inspections were made for the framing work and column supports as required in Section 305 of the 1979 Uniform Building Code as adopted by the City of St. Louis Park and as required by the State Building Code. d) No Certificate of Occupancy was issued for the use of this structure as required by Section 307 of the 1979 Uniform Building Code as adopted by the City of St. Louis Park and as required by the State Building Code. r e) No approved stairways with handrails are provided to the various tree house levels as required in Chapter 33 of the 1979 Uniform Building Code as adopted by the City of St. Louis Park and as required by the State Building Code. 4 The City of St. Louis Park sent Mr. Mark M. Tucker two letters, dated May 20, 1987 and June 17, 1987, noting the violations and problems and stating that a registered structural engineer provide a signed report showing the capability of the structure (tree house and decks) to carry the required loadings by July 20, 1987. 5. The owners of record, Mark M. Tucker and Catherine A. Tucker, have not provided the factual information to assess the structural integrity of the structure (tree house and decks) and have not complied with the other items in violation of the St. Louis Park Ordinance Code and the State Building Code. 6. The owners of record, Mark M. -Tucker and Catherine A. Tucker, have provided several letters to the City relating to a visit to their property by a structural engineer and a tree maintenance specialist who fertilized the silver maple tree. However, said letters provided no information of compliance with the St. Louis Park Ordinance Code and the State Building Code. 7. The City of St. Louis Park has a designated Building Official as required by State Law and the Building Official has visually inspected the structure (tree house and decks). 8. Given the hazardous condition of the structure (tree house and decks) the Director of Inspectional Services has determined that the structure (tree house and decks) must be razed and removed. 9. Mark A. Tucker and Catherine A. Tucker were afforded a hearing before the City Council on August 17, 1987 and were duly notified as to the date and time of such hearing. 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 structure (tree house and decks) on the above described property to be unsafe and hazardous to the public, health, safety and welfare because the structure (tree house and decks) has not been constructed according to minimum State Building Code and St. Louis Park Ordinance Code requirements; its structural integrity cannot be evaluated against the Building Code; and no structural analysis signed by a registered structural engineer has been provided to the City. -3- 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 owners of record of the above hazardous building (tree house and decks), or their representatives, to raze and remove such buildings (tree house and decks) 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 owners, the City of St. Louis Park may remove and sell such personal property and fixtures at public auction in accordance with State law. 2. Further orders that unless all required correction action is taken or an adequate answer is served upon the City of St. Louis Park per Minnesota Statute Section 463.18, within twenty (20) days from the date of this Order a motion for summary enforcement 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, including reasonable attorney fees will be assessed against the real estate concerned and collected in accordance with Minnesota Statutes, Section 463.22. 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. Reviewed for Administration c, /1 ty Manager Approved as City Attorney for and execution Adopted by the City Council Aug :7 17, 1987 or ‘ii