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Home My WebLink About2011-07-06 PACKET 04.P.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 7/6/11 d PREPARED BY Community Development Danette Parr ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider ordering the abatement of conditions creating a hazardous property at 8255 Hyde Avenue South STAFF RECOMMENDATION Adopt the resolution ordering the abatement of hazardous conditions at 8255 Hyde Avenue. BUDGET IMPLICATION $N /A BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY El SUPPORTING DOCUMENTS DATE $N /A N/A ACTUAL AMOUNT FUNDING SOURCE REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from Bob LaBrosse dated 7/1/11 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS 1 F { � City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF MINNESOTA COTTAGE GROVE TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: Bob LaBrosse, Chief Building Official DATE: July 1, 2011 RE: Abatement of Hazardous Property at 8255 Hyde Avenue South • s •' On June 6, 2011, the property at 8255 Hyde Avenue South was extensively damaged by a fire. An inspection was conducted on June 7, 2011, and numerous building code and fire hazards exist on the property including but not limited to damage to structural elements, collapsed roof, partial collapse of exterior walls, and smoke damage throughout the building. It was brought to the City's attention that the property was not covered by insurance. Written correspondence was sent to the property owner requiring him to contact the City to discuss his compliance intentions. To date, there has been no response. Due to the hazardous conditions on the property, the City is pursuing abatement of the property. •. ,. Adopt the resolution ordering the abatement of conditions creating a hazardous property at 8255 Hyde Avenue South. RESOLUTION NO. 2011 -XXX _ ._ =r• .�. • Z RA T I R OR • WHEREAS, the real estate located at 8255 Hyde Avenue South, which is legally described at Lot 3, Block 7, Thompson Grove Estates 6th Addition, Washington County, Minnesota, contains a single family dwelling unit (the "Property "); and WHEREAS, the Property was extensively damaged by a fire on June 6, 2011, and WHEREAS, due to concerns about the condition of the Property, the City's Building Official conducted inspections of the Property on June 7, 2011, and concluded that numerous building code violations and fire hazards exist on the Property, including but not limited to: damage to structural elements causing the main level flooring to be structurally unsound; collapsed roof and partial collapse of the rear exterior wall which would allow rain, snow, and cold to enter; and smoke damage throughout the building; and WHEREAS, the Building Official prepared a written report of the inspection, including photo- graphs of the conditions of the Property, which report and photographs are attached and incorpo- rated into this Resolution as Exhibits A and B; and WHEREAS, Minnesota Statutes, Section 463.161 authorizes the City to correct or remove the conditions of any hazardous building or property if the owner fails to do so within a reasonable time; and WHEREAS, Minnesota Statutes, Section 463.15, subd. 3, defines "hazardous building or hazardous property" as "any building or property, which because of inadequate maintenance, dila- pidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health'; and WHEREAS, the Minnesota State Building Code, Minn. R. 1300.0180, provides that a build- ing or structure is unsafe if it is not provided with adequate egress or is a fire hazard and provides that all unsafe buildings are public nuisances and must be abated by repair, rehabilitation, demoli- tion, or removal according to Minnesota Statutes, sections 463.15 to 463.26; and WHEREAS, the Building Official has concluded that the Property is unsafe and a fire hazard because of inadequate egress and numerous other items of physical damage and deterioration; and WHEREAS, the Property poses a serious and imminent threat to the health and safety of the owner and the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cottage Grove as follows Resolution No. 2011-XXX Page 2 of 2 1. The Property is determined to be a "hazardous building or hazardous property" within the meaning of Minnesota Statutes, section 463.15, subd. 3; 2. The Property is determined to be unsafe and a public nuisance under Minnesota State Building Code, Minn. R. 1300.0180, because it does not have adequate egress and is a fire hazard and, therefore, must be abated by repair, rehabilitation, demoli- tion, or removal according to Minnesota Statutes, sections 463.15 to 463.26; 3. An Order for Abatement in the form attached to this Resolution as Exhibit C will be served upon all parties with an interest in the Property in order to effectuate this resolution; and 4. The City attorney and City staff are authorized to take all necessary legal steps to secure compliance with the Order for Abatement and to obtain authority to abate the hazardous conditions on the Property by court order or consent and assess the costs thereof against the Property. Passed this 6th day of July 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Written Inspection Report by Bob LaBrosse Chief Building Official On June 6, 2011, the City of Cottage Grove Building Division received a report of a house fire at 8255 Hyde Avenue South. Upon entrance to the site, it was evident that the house had been completely engulfed and received extensive fire and smoke damage throughout. On June 7, 2011, letters were sent to the owner, Mr. Allan Speten. Mr. Speten was not currently residing at his home, so a certified letter was sent to his current residence, the Vinland National Center in Loretto, Minnesota, with delivery accepted by Renee Olson. Initially, it was brought to our attention that Mr. Speten had no homeowners insurance, so Mr. Speten was required to contact the Building Division by June 28, 2011, to discuss the course of compliance action. To date, Mr. Speten has not contacted the City with his compliance intentions. E%HIBR B Photogfaphs of 8255 Hyde Avenue Soulh Taken by Boo L Brosse. Chief Building Official, City of Cottage Grove, on July 1. 2011 (see Attached) Nor ,t � }, L� `�. T � - - ibis O aims Case Type: Other Civil STATE OF MINNESOTA COUNTY OF WASHINGTON In the Matter of the Hazardous Property DISTRICT COURT TENTH JUDICIAL DISTRICT Court File No. XXXXXXXX Located at 8255 Hyde Avenue South in the ORDER FOR ABATEMENT City of Cottage Grove, Minnesota OF HAZARDOUS PROPERTY ________________ m________________ _________________- _________v___ TO: Joyce M. Wallrich, owner of record; all lien holders of record; and Allan Speten, agent of owner. The City Council of the City of Cottage Grove orders that within twenty (20) days of service of this Order you abate the conditions as described below which exist on property located at 8255 Hyde Avenue South in the City of Cottage Grove ( "Subject Property'), which property is legally described as Lot 3, Block 7, Thompson Grove Estates 6th Addition, Washington County, Minnesota. The City of Cottage Grove, pursuant to Minnesota Statutes, sections 463.15 et. seq., and based on the authorization of Resolution No. 2011 -XXX, adopted on July 6, 2011, which is hereby incorporated by reference and attached hereto as Exhibit A, and all prior findings, conclusions, and determinations referenced in Resolution No. 2011 -XXX, finds that the above - referenced property constitutes a "hazardous property" within the meaning of Minnesota Statutes, Section 463.15, subd. 3, and Minnesota State Building Code, Minn. R. 1300.0180. Pursuant to the above - referenced statutes, it is hereby ORDERED that within twenty (20) days of service of this Order you must either raze or remove the hazardous property or abate the hazardous conditions by completing the following work: -1- I . The supporting exterior walls on the east side of the house and attached garage are damaged beyond repair, requiring replacement. 2. Portions of the east side exterior walls are damaged beyond repair, requiring replacement. 3. Exterior walls; roof system; floor system; interior walls; mechanical, plumbing, and electrical systems within the principal attached and detached structures shall be inspected by licensed specialists who shall provide damage reports to the City of Cottage Grove Building Division. 4. The roof trusses on the east side of the house and attached garage are damaged beyond repair, requiring roof truss replacement. 5. All attic insulation shall be removed and replaced, assuring code compliant attic ventilation. 6. The interior of the home is both fire and smoke damaged throughout. 7. The detached shed was damaged by heat requiring new siding. 8. The in- ground swimming pool is accessible to the public and shall be removed and filled in an appropriate manner. 9. The fire damaged deck shall be removed, and replaced and /or a code - compliant land exterior of the sliding patio door be provided. 10. All fire - damaged interior and exterior walls, insulation, and drywall shall be removed and replaced. 11. All fire - damaged structural floor components shall be replaced. 12. All smoke damage throughout the entire structure shall be identified by a licensed fire restoration specialist and addressed per the report. 13. All fire and smoke damaged windows, siding, soffit/fascia, and roofing shall be removed and replaced. 14. All mold damage shall be remediated by a licensed abatement specialist who shall provide an assessment of damages, scope of repair, and air quality report prior to further occupancy. 15. All fire damaged household debris shall be disposed of in a proper manner. 16. All repairs to the structural, mechanical, plumbing, and electrical systems must be completed and pass final inspection prior to resumption of electrical, gas, and water service to the building. -z- You must apply for and obtain the appropriate permit(s) for the work you intend to perform from the appropriate City offices before either razing or removing the hazardous property or abating the hazardous conditions. This Order is not a permit. You are further advised that unless such corrective action is completed or an Answer is served on the City and filed with the Washington County District Court Administrator within twenty (20) days of the date of service of this Order upon you, a motion for summary enforcement of this Order will be made to the Washington County District Court. You are further advised that if you do not comply with this Order and the City is compelled to take any corrective action, all necessary costs incurred by the City in the corrective action will be assessed against the Subject Property pursuant to Minnesota Statutes, section 463.21. Under statute, the City has authority and intends to recover all its expenses incurred in carrying out this Order, 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 City from the time this Order was originally made pursuant to Minnesota Statutes, section 463.22. Date: July 6, 2011. 0 Corrine A. Heine ( #149743) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 612- 337 -9262 • • ., c-• 4 -3-