RES 2006-98 - 00014260RESOLUTION NO. 2006 -98
RESOLUTION ORDERING THE REMOVAL OR REPAIR OF A HAZARDOUS
BUILDING PURSUANT TO MINNESOTA STATUTES SECTION 463, LOCATED
WITHIN THE CITY OF FRIDLEY, MINNESOTA
BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows:
In the matter of the hazardous building located at 8100 East River Road:
Legally Described as: TRACTS A & B REGISTERED LAND SURVEY NO 125, SUBJECT
TO EASEMENT OF RECORD.
TO: Mr. Sulieman F. Hersh, and any tenants, occupants, or other persons claiming an interest
in the above described premises
1. Pursuant to Minnesota Statutes, Section 463.15 to 463.61 the City Council of the City of
Fridley, having duly considered the matter, finds the above- described building to be a
hazardous building for the following reasons: the Chief Building Official of the City of
Fridley and the City Fire Marshal have inspected the structure and has determined that
the essential structural items of this facility such as walls, and rafters have been
compromised by a fire inside the structure. The south wall has been boarded up and
secured, but not repaired. Also, rotting food has been observed and documented to exist
inside of the structure. Further, all underground gas tank corrosion protections that
require power, have been compromised due to a lack of electricity at the site.
Section 1300.0180.2000 MN State Building Code, states in part, "any structure that
constitutes a hazard to safety, health, or public welfare by reason of disaster or damage,
shall be considered unsafe. All unsafe buildings shall be declared a public nuisance and
shall be abated by repair or demolition, as referenced in the MN. State Statutes Sections
463.15 to 463.26.
The above mentioned property was posted as a hazard in accordance with MN Statute
463.17.
2. The Council further orders that unless such corrective action is taken or an answer is served
upon the City of Fridley and filed in the office of the clerk of District Court of
Anoka County, Minnesota within 20 days from the date of the service of this order, a motion for
summary enforcement of this Court will be made to the District Court of Anoka County.
Enforcement of this order shall include, in the City's discretion, the option of razing the
structure. The Council orders that all personal property or fixtures that may unreasonably
interfere with the razing and removal of the building shall be removed within 20 days, and if not
so removed by the owner, and the City then determines to raze the structure, the City of Fridley
may remove and sell such personal property or fixtures at public auction in accordance with law.
Resolution No. 2006 -98
Page 2
3. The Council further orders that if the City is compelled to take any corrective action herein, all
necessary costs expended by the City will be assessed against the real estate concerned and
collected in accordance with Minnesota Statutes, Section 463.22.
4. The mayor, clerk, city attorney and other officers and employees of the City are authorized
and directed to take such action, prepare, sign, and serve such papers as are necessary to comply
with this order and to assess the costs thereof against the real estate described above for
collection along with taxes.
PASSED AD ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH
DAY OF DECEMBER, 2006
'X
Cott J. Lund, Mayor
ATTEST
"aA
Debra A. Skogen, City Jerk