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Hzd Bldg• 1988 EDITION 201-202 Chapter 2 ORGANIZATION AND ENFORCEMENT Creation of Enforcement Agency Sec. 201. There is hereby established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the building official. Powers and Duties of Building Official Sec. 202. (a) General. The building official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, he shall have the powers of a law enforcement officer. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as he may deem necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. (b) Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building official may appoint such number of • technical officers and inspectors and other employees as shall be authorized from time to time. He may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency. (c) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccu- pied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry. (d) Stop Orders. Whenever any work is being done contrary to the provisions of this code, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work. l (e) Occupancy Violations. Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions of this code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building L� r� u 202-204 UNIFORM BUILDING CODE Unsafe Buildings or Structures Sec. 203. All buildings or structures regulated by this code which are structur- ally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Dangerous Buildings Code or such alternate procedures, as may have been or as may be adopted by this jurisdiction. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation. Board of Appeals See. 204. (a) General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and 0 official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. (f) Liability. The building official, or his authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the building official or employee because of such act or omission performed by him s in the enforcement of any provision of such codes or other pertinent laws or ANO ordinances implemented through the enforcement of this code or enforced by the a MOW code enforcement agency shall be defended by this jurisdiction until final termi- nation of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code. (g) Cooperation of Other Officials and Officers. The building official may request, and shall receive so far as is required in the discharge of his duties, the assistance and cooperation of other officials of this jurisdiction. Unsafe Buildings or Structures Sec. 203. All buildings or structures regulated by this code which are structur- ally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Dangerous Buildings Code or such alternate procedures, as may have been or as may be adopted by this jurisdiction. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation. Board of Appeals See. 204. (a) General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and 0 October 1, 1979 t'•'� r ' H. G. Shermer Construction �, rr 8400 - 78th Avenue North r i Minneapolis, MN 55445 Re: Final Inspection at 5335-37 6th Street N.E. Dear Sirs: A final inspection was made on September 26, 1979 of the above address and the following items were noted which must be completed before the structure can be finaled out; 1. Provide sod in the front and side yards by October 30, 1979. 2. Caulk around two outside lights near tie -side doors by October 30, 1979. 3. Provide soffit louver by October 30, 1979. 4. Provide guardrail on open side of basement stairway on south.uni.t by October 30, 1979. • We will expect the above items to be completed by the scheduled date when a reinspection will be made to deterinine compli.ance. If you 'r:a:re any questions on these items, please contact me at 571-3450. Sincerely, DARR, . CLARK Chief Building Official DGC/mh �YF�T3?�i?•%.,ar �"':'U�'.^.�'-'•'•7"c?i•SRT:•'T.4�$3-`.�'inn'!47..r/4:;.'in,.'..40.^.S2!+.ae."$. .CS�.'.e-4R.o+.i^t¢�'P'�'7Kr ,.'SbR7e^i`..wn7�"r�a•1�wy....-r...s,ewvia+r.a ....�....,- r 9� •If 'a, tR j . J i- 6431 UNIVERSITY AVENUc N.E., FRIQL�`t, tAlili7ESOTA 55432 TELEPHONE ( 612)571-3450 October 1, 1979 t'•'� r ' H. G. Shermer Construction �, rr 8400 - 78th Avenue North r i Minneapolis, MN 55445 Re: Final Inspection at 5335-37 6th Street N.E. Dear Sirs: A final inspection was made on September 26, 1979 of the above address and the following items were noted which must be completed before the structure can be finaled out; 1. Provide sod in the front and side yards by October 30, 1979. 2. Caulk around two outside lights near tie -side doors by October 30, 1979. 3. Provide soffit louver by October 30, 1979. 4. Provide guardrail on open side of basement stairway on south.uni.t by October 30, 1979. • We will expect the above items to be completed by the scheduled date when a reinspection will be made to deterinine compli.ance. If you 'r:a:re any questions on these items, please contact me at 571-3450. Sincerely, DARR, . CLARK Chief Building Official DGC/mh �YF�T3?�i?•%.,ar �"':'U�'.^.�'-'•'•7"c?i•SRT:•'T.4�$3-`.�'inn'!47..r/4:;.'in,.'..40.^.S2!+.ae."$. .CS�.'.e-4R.o+.i^t¢�'P'�'7Kr ,.'SbR7e^i`..wn7�"r�a•1�wy....-r...s,ewvia+r.a ....�....,- FFi DLOEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • i612) 571-3450 • FAX (612) 571-1287 Mr. Robert Huber 18380 Gladiola N.W. Cedar, MN 55011 Re: 5335 - 6th Street N.E., Fridley, MN Dear Mr. Huber: Please recall our telephone conversation of Septeznbex 27, 1990 when we brought to your attention the fact that the old home behind your duplex, at the above noted address, was open and that it was a hazard because it could attract children. You • stated you would either secure the structure or have it removed. On October 4, 1990 a reinspection revealed that the home was still open. You mast -secure this structure so that children and varmints can no longer have access to it. We Will inspect the structure on or about October 15, 1990 and hope to find this problem resolved. Your cooperation in this matter will be appreciated and if you have any questions, please contact me at 572-3602. Sincerely, , 1k, DAFT M G. CLARK Chief. Building Official DGC/mh 0 BUILDING DIVISION NENO MEMO TO: Barbara Dacy, Community Development Director MEMO FROM: John Palacio, Chief Building Official REM DATE: November 1, 1994 REGARDING: Hazardous Building at 5335/37 6 Street NE, Fridley (Building Located in Rear Yard) Inspections have been conducted at the address listed above to verify complaints in regards to unsafe condition of building and harborage of rodents. On Wednesday, August 31, 1994 an inspection was conducted and a letter was sent to the property owner, Mr. Robert J. Huber, to identify hazards. Since that time, Mr. Huber has had correspondence with the builder/contractor, ending with no results of the hazardous conditions that exist with the building. Therefore at this time, because of this and inadequate maintenance of the building, it remains a hazardous building for the following reasons: *Roof is deteriorated and has structural problems as evidenced by sagging and opening in roof. *Roof covering has deteriorated because of age and maintenance. *The building plumbing fixtures have been abandoned: *The building has no record of proper sealing of sewer and fixtures have been broken that result in open sewer creating health hazards. *The building has no record of electrical service disconnect. *The building has no record of heating system disconnect and the chimney is deteriorated. *Most, if not all, of the windows in the building are broken - windows have been boarded up. *The building structure, because of inadequate maintenance, has exterior siding and stucco cracking, leaning out of plumb, structurally deficient because of years of neglect. *The front door is structurally deficient and poses hazards to trespassing children and efforts have not been successful in boarding up the building. *The foundation has deteriorated and allows open area for harborage of animals. *Walls and ceiling of the interior have fallen in because of inadequate protection from the weather. *Fire hazard to public safety and health - the building is located in rear yard within 20 feet of the main structure. F . To conclude this report, the condition that the building remains in would not allow it to -be rebuilt. because of the present appraised value of the building of $455.00. Fridley Code Section 205.03(3a) states that a building cannot be upgraded if the necessary repairs exceed 50 percent or more of its fair market value. The cost of repairs are estimated to be 20'x 25' = 500 sf x $56.85 = $28,425.00. Also the building would not meet a minimum of 11020 for a one -family dwelling unit. The cost of repairing the building to a sound, safe condition would exceed the economic benefit and zoning as a result of the repairs. Please contact me if you should need further information. JP f mh • • Community Development Department DATE: November 3, 1994 G DIVISION City of Fridley TO: William Burns, City Manager FROM: 1% Barbara Dacy, Community Development Director SUBJECT: Possible Hazardous Building Removal at 5335-37 6th Street N.E. BACKGROUND On July 6, 1979, the City issued a building permit for a double bungalow on property generally located at 5335-37 6th Street N.E. Existing on the property at that time was an old 20' x 24' single family home located in the rear portion of the property (see attached survey). One of the conditions on the permit for the double bungalow required a wrecking permit be obtained to demolish the existing house. According to the original contractor who constructed the double bungalow, the City permitted the house to remain under the information that the owner of the double bungalow was going to use it as a workshop. There is no documentation in the address file to verify this. The house/shed, however, is now in very poor condition. Ownership on the property has changed since the issuance of the 1979 permit. We contacted the current owner and asked him to remove the building because of its hazardous condition. The current owner, Robert Huber, of Cedar, Minnesota, has verbally advised staff that he does not feel that he should be responsible for removing the structure, given the 1979 permit stipulation. The original contractor who was required to remove the building is stating that he is not responsible to remove the structure as well (see his letter dated September 20, 1994). John Palacio and I have met with Virgil and Gregg Herrick to review the facts of this case and to determine the appropriate course of action. The recommended procedure is to begin the process to declare the building "hazardous" under Minnesota State Statutes similar to the process that the City completed for 513 Fairmont Street N.E. The City Council would pass a resolution declaring the building hazardous and ordering its demolition. The cost of the demolition would be assessed against the property. The issue of who pays for the demolition, according to the attorneys, is up to the current owner and the former • • Demolition of 5335-37 6th Street November 3, 1994 Page 2 contractor in a civil proceeding. RECOMMENDATION Unless otherwise directed, staff will proceed with the process to prepare a resolution for City Council approval at the November 21, 1994 meeting to declare the building hazardous, to order its demolition, and to assess the costs against the property. The current owner will be notified of the meeting. He may testify against the resolution. BD/dw M-94-674 612 r 80 1 a HI',t, 1r. '94 14: _ = DRFT4-1 UZY _.=TEFFENGER F.2 &013EF7 A. GUZY BEFNARD E. S" M-EN: PAMELA M. HAMS RjL:F-iARD ;'s.:vIEnF.ILI. to B%J-%'� CT•IARLES M. SEYKORA CARRELL A. IE USED: WILLIAM M. HANSEN, ;EFFRE}' S. Jtith �;;C>'rd DANIEL TA 0ANTER, JR. LI.L H. w R.�ti'f_iEh P. F.R.Ii=k ii: JGuzy Barna 1 & Steffen Ltd. BiVERL't' K. DOWS GREG I.M. AYERS i:.RF,i�G V. FiEKRICF: , Ll�VIL A.c_�.SfI - r rONIF r'=OKNEY� of I A%� JAMES D. HOFFT 30A M. C?uaDfi THOM, b4IC?!AFLF. HL'RLF,Y 400 Uoruhtown Financial Plaza SC(YI CM. LBPAK VIRGILC-.HERRICK� NERSIAN L. T.+ _L8 y C� w00 C (x)n Rapids &iulevard -=F%,'INL.MAC:KE,Y ELIZAB FH A. SCF-IADING Minneapolis, MN 5543M4,9U VULIAM F HUEFNEW (612) 780-8500 FAX (612) 780-1777 ROBERT C. HYNE-S 1935.1993 Writer's Direot Line: (612) 783-5123 November 16, 1994 i:IA FAX John Palacio Chief Building Official City of Fridley GOVernment Center 6431 University Avenue N.E. Fridley, mN 55432 Re: Hazardous Building at 5335/37 6th Street N.E., Fridley Dear John: • Enclosed please find the proposed Order to Raze Hazardous Stru,_°-�®ure. Please review this document, particularly the pro�3 -Iions listed in subsection C of the findings of fact. It's inpo--- t .nt that these facts, as I have written them, are supported by your observations. • I would also suggest that you go through your earlier report of November 1, 1994 and provide additional detail that supports these findings. I am thinking specifically about the discussions we had with regard to rotted roof members, and the fact that the chimney is missing bricks and is unsupported by the structure because of the structural decay. if you have any questions, please feel free to contact me. since Iy, �regq V. rick Vsl nclosure C!c: Barb Dacy (with enclosure via fax) A., F:.;anl 0,rrun:ry hip •kw�r 612 780 1777 r]O'.' 16 '94 14:30 0 BARE A GUZY & '=TEFFEPdGER P. 3 • STAVE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT in re: Hazardous at 5335/37 6th Street N.E. Fridley, Minnesota, legally described as Lots 23 and 24, Block 16, Hamiltonfs Addition to Mechanicsville, Anoka County, Minnesota. ORDER TO RAZE HAZARDOUS STRUCTURE The alcove matter came on for public hearing at a regular meeting of the City Council of the City of Fridley on the 21st day of November, 1994, at 7:30 p.m. Upon hearing evidence presented in the matter, the City Council makes the following: FINDINGS OF FACT • A. That on August 31, 1994, John Palacio, Chief Building Official for the City of Fridley, inspected the real estate located at 5335/37 6th Street N.E., Fridley, Minnesota, following complaints from unsafe and unsanitary conditions, including rodent infestation. B. City of Fridley has for several months attempted to resolve the situation with the owner. C. Based upon the referenced inspection, the following conditions exist on the property: 1. The roof covering has deteriorated because of age and lack of maintenance, which has allowed water leakage into the structure. 2. Because of the lack of maintenance, there has been • significant water damage to the ceiling and walls 612 780 1777 PIOV 16 `94 14:31 BARNA GU``i' & :=TEFFENGER P.4 0 of the living space. 3. The roof structure has deteriorated; structural problems are evidenced by noticeable sagging of the roof, unrepaired openings in the roof, and significant rotting of structural members. 4. The buildings plumbing fixtures have been abandoned and are broken, resulting in open sewer situation creating health hazards. 5. The structural members of the roof are compromised by the rotting conditions to such a degree that the chimney is no longer adequately supported and is leaning. There are a number of bricks missing due to neglect. The entire chimney is unstable. is 6. The building has no record of electrical services disconnect. 7. Most of the openings to the building have been damaged and glass broken, and have been boarded up. The front door is structurally deficient, does not prevent unauthorized entry into the building. Efforts of boarding the building have not been successful, and the building has been the site of prior trespassing by children. 8. The exterior siding, because of inadequate maintenance and water penetration from the roof, is cracking, pulling away from the walls, and is out of plumb. • -2- 612 780 1777 NOV 16 '94 14:31 Ll -RNA �.;I_IZY & STEFFEN ER F.5 • 5. There has been rodent infestation of the building; rodent droppings were found inside the dwelling, and holes were found in the foundation allowing animals to gain entry to the building. 10. The house does not meet the codes minimum size requirement of 1,020 sq. ft. for one -family dwelling unit. (The structure is 20 feet by l2'0 _ feet equals 500 sq. feet.) "� S 11. The parcel already contains two family dwelling. The city code prohibits another principal structure given the size of lot in question. 12. The cost of repairing these structural defects and code violations is estimated to be $28,425.00 (500 • sq. ft. x $56.85/sq. ft.). The current appraised value of the building is $455.00. CONCLUSIONS OF COUNCIL 1. The structure is hazardous because of inadequate maintenance, dilapidation, physical damage, unsanitary conditions or abandonment, and constitutes a fire hazard and/or hazard to public health or safety. 2. The building contains several structural hazards holes in the roof, sagging roof, open foundation, unsecured doors. 3. The structure is hazardous due to lack of weather protection. 4. The structure is hazardous and is an attractive nuisance to children in the area. MC 512 780 1777 NOV 16 "94 14:32 BARNA GI_ZY & STEFFENGER P.6 5. The cost of repair far exceeds the market value of the property. 6. The cast of repairing the building to meet code violations would exceed 50% or more of its fair market value; therefore, the structure would have to be brought into compliance with all of the city's code requirements, some of which would be impossible for -this structure to comply with (setback requirements, lot coverage requirements for second principal � dwelling structure) . V_ ORDER 1. The structure at 5335/37 6th Street N.E., Fridley, Minnesota, is a hazardous building pursuant to Minn. Stat. 5463.152, 463.616. • 2. Pursuant to the foregoing findings and in accordance • with Minnesota Statutes, the City Council hereby orders the record owner of the above -hazardous building, or his heirs, to raze the building within thirty (30) days of the date of service of this order. The site must then be restored to a safe condition with fill as necessary. 3. The City Council further orders that personal property or fixtures that may unreasonably interfere with the razing and removal of the building shall be removed within thirty (30) days, and if not so removed by the owner, the City of Fridley may remove and sell such personal property and fixtures at public suction in accordance with law. 4. The City Council further orders that unless such -4- rr7 1777 V 1 �`i 1 �J L fai=r'.:' 16 '94 14:32 BARNA GUZY & :=TEFFENGER P.i corrective action is taken or an answer is served upon the City of Fridley and filed in the office of the Court Administration of the District Court of Anoka County, Minnesota, within twenty (20) days from the date of the service of this order, a motion for summary enforcement of this order will be made to the District Court of Anoka County. 5. The City 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 Minn. Stat. 8463.22. +6. The mayor, the clerk, city attorney and other officers and employses 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 cost thereof against the real estate described above for collection, along with taxes. Dated: , 1994 j.\corp\gvh\fridley\ord-5335.37 -5- BY TATE ORDER OF THE CITY COUNCIL By: William J. Nee City Mayor By: williaE w. Burns City Manager ROBERT A. GUZY BERNARD E.STEFFEN RICHARD A. MERRILL DARRELL A. JENSEN JEFFREY S. JOHNSON RUSSELL H. CROWDER JON P. ERICKSON LAWRENCE R. JOHNSON DAVID A. COSSI THOMAS P.MALONE MICHAEL F. HURLEY VIRGIL C. HERRICK HERMAN L. TALLE DOS j3k3 Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5489 (612) 780-8500 FAX (612) 780-1777 Writer's Direct Line: (612) 783-5123 November 23, 1994 Barbara Dacy Community Development Director City of Fridley Fridley Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 Dear Barb: PAMELA M. HARRIS CHARLES M.SEYKORA WILLIAM M. HANSEN DANIEL D. GANTER, JR. BEVERLY K. DODGE CRAIG M. AYERS GREGG V. HERRICK JAMES D. HOEFT JOAN M.QUADE SCOTT M. LEPAK STEVEN L. MACKEY ELIZABETH A. SCHADING WILLIAM F. HUEFNER ROBERT C. HYNES 1935.1993 Enclosed please find an original Order to Raze Hazardous Structure on the 6th street property. Please have the Mayor sign the order and return it to me for service. Any information that you can provide me on the address of Mr Huber would be appreciated. Sin rely, ._- y, C -Gregg �.VHrrick gvh enclosure An Equal Opportunity Employer SHERMER CONSTRUCTION 8400 78TH AVENUE NORTH MINNEAPOLIS, MINNESOTA 55445 HAROLD G. SHERMER RICK G. SHERMER KEITH G. SHERMER y. H. G. Shermer 8400 78th Ave. No. Minneapolis, Minn. 55445 September 20, 1994 Robert J. Huber 18380 Gladiola Street NW Cedar, Mn. 55011 TELEPHONE 612-425-2704 Re; Property loacated at 5335/37 6th Street NE, Fridley; MN. 55421 Dear Robert Huber: I received your letter pretaing to a twin home located at 5335-37 6th Street NE. Fridley. I built the home in 1979 for the property owner, Walter Bonczek, the City of Fridley stipulated the small shed or house be removed, before they would issue a certificate of occupancy, Walter Bonczek persuaded the City to not remove the building, so he could use it as a work shop. I completed the twin home and had the required inspections by the City. The City of Fridley issued a Certificate of Occupancy. The Certificate Stated the builder has complied with all the City requirements and the home is ready for occupancy. I don't know who gave permission to leave the house -shed, as Walter Bonczek never said, or I don't remember, as you know that was fifteen years ago. I think you should contact Walter Bonczek. I feel H. G. Shermer Const. built the -home to City and State codes and requirements. If we had not the City of Fridley, would not issue a C.O. Sorry I can't help you. Harold G.Shermer Robert J. Huber 18380 Gladiola Street NW Cedar, MN 55011 September 13, 1994 H. J. Shermer Construction 8400 78th Avenue North Minneapolis, MN 55445 Re: Property Located at 5335/37 6th Street NE, Fridley, MN 55421 Dear H. J. Shermer Construction: I have enclosed a copy of the building permit you obtained on July 9, 1979. In this permit it states that you were to obtain a wrecking permit for the existing building, and to remove the existing building at the time of the construction of the new building. A wrecking permit was not obtained, nor was the existing building removed. I am requesting that you remove the existing building by October 20, 1994. If you should have any questions, please feel free to call me at 753-4865. Sincerely, Robert J. Huber Cc: John Palacio, City of Fridley Enclosures: I GNOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612) 571-3450 • FAX (612) 571-1287 September 1, 1994 Mr. Robert J. Huber 18380 Gladiola St NW Oak Grove Township, MN 55011 Re: Hazardous Building (20' x 25' Shed) at 5335-37 6 Street NE, Fridley Dear Mr. Huber: An inspection was conducted on Wednesday, August 31, 1994 in response to a complaint on the above noted building. The complaints were harborage of rodents and dilapidation of the building. The inspection verified that the building was hazardous because of the following: 1) Inadequate maintenance. 2) Dilapidation. 3) Physical damage. 4) Unsanitary conditions. 5) Fire hazard to public safety and heath. Other items are the building has been abandoned, windows have been boarded up, entrance has been left open to the public, and foundation is open to harborage of animals. The plumbing fixtures have not been properly sealed. Therefore, at this time you must remove the building to eliminate the hazards listed above. You have five days to reply in writing. If you have any questions do not hesitate to call me at 572-3602. Sincerely, PiDMO Chief Building Official JP/mh CC: Mr. Chuck McKusick, Fire Chief Mr. Carl Newquist, City Prosecutor Ms. Barbara Dacy, Community Development Adm. r � �..r� i.. IST ,�� .1 ti �M t � �� u ,.,. � � � � �„ .. 3; � .i i - � -� pir ts� fig" Jµ ' y ��, a r.�,,,> y .. 1 � ,.. r ��� � ,�M .� 1� t......e 1Y y,;.. -u. ti Arm GTYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 September 1, 1994 Mr. Robert J. Huber 18380 Gladiola St NW Oak Grove Township, MN 55011 Re: Hazardous Building (201 x 25' Shed). at 5335-37 6 Street NE, Fridley Dear Mr. Huber: An inspection was conducted on Wednesday, August 31, 1994 in response to a complaint on the above noted building. The complaints were harborage of rodents and dilapidation of the building. The inspection verified that the building was hazardous because of the following: 1) Inadequate maintenance. 2) Dilapidation. 3) Physical damage. 4) Unsanitary conditions. 5) Fire hazard to public safety and heath. Other items are the building has been abandoned, windows have been boarded up, entrance has been left open to the public, and foundation is open to harborage of animals. The plumbing fixtures have not been properly sealed. Therefore, at this time you must remove the building to eliminate the hazards listed above. You have five days to reply in writing. If you have any questions do not hesitate to call me at 572-3602. Sincerely, N PALACIO Chief Building Official JP/mh CC: Mr. Chuck McKusick, Fire Chief Mr. Carl Newquist, City Prosecutor Ms. Barbara Dacy, Community Development Adm. ,S� t T . 7 tr, yy, '. 0 qL, y t ue-e 5�3 �u 4 a okc Jp wig e� c�Zj�f�� �ee�7w�u2o U V� J "A �� Mill'""Vel 1711� �o�s vll 9 ce �7 !F� o court, 0 • U • BUILDINGS DIVISION MEMO DATE: November 17, 1994 TO: Barbara Dacy, Community Development Director FROM: John Palacio, Chief Building:Official SUBJECT: Hazardous Building at 5335/37 - 6th Street N.E. (building located in rear yard) Inspections have been conducted at the address listed above to verify complaints in regards to an unsafe building. On Wednesday, August 31, 1994 an inspection was conducted and a letter was sent to the property owner, Mr. Robert J. Huber, to notify him of the hazards. Since that time, Mr. Huber has had correspondence with the original builder/contractor who was to remove the building in 1979. Neither Mr. Huber or the original contractor will remove the building.- The building is hazardous for the following reasons: * Roof is deteriorated and has structural problems as evidenced by sagging and opening in roof. * Roof covering has deteriorated because of age and maintenance. * The building plumbing fixtures have been abandoned. * The building has no record of proper sealing of sewer and fixtures have been broken that result in open sewer, creating health hazards. * The building has no record of electrical service disconnect. * The building has no record of heating system disconnect, and the chimney is deteriorated. * The chimney brick mortar has deteriorated, allowing brick to become loose. * Most, if not all, of the windows in the building are broken; windows have been boarded up. * The building structure, because of inadequate maintenance, has exterior siding and stucco cracking, leaning out of plumb, structurally deficient because of years of neglect. 7G Y Building at 5335/37 - 6th Street N.E. • November 17, 1994 Page 2 * The front door is structurally deficient and poses hazards to trespassing children, and efforts have not been successful in boarding up the building. * The foundation has deteriorated which allows an open area for harborage of animals. * Walls and ceiling of the interior have fallen in because of inadequate protection from the weather. * Fire hazard to public safety and health; the building is located in the rear yard within 20 feet of the main structure. * The roof members around the chimney are sagging because of structural decay, causing the chimney to lean out of plumb. The present appraised value of the building is $455.00. Fridley Code Section 205.03.(3a) states that a building cannot be upgraded if the necessary repairs exceed 50% or more of its fair market value. The cost of repairs are estimated to be 20' x 25' = 500 square feet x $56.85 = $28,425.00. The cost of repairing the building to a sound, safe condition would exceed the zoning requirements. Also, the building would not meet the minimum requirement of 1,020 square feet for a one family dwelling unit. Finally, the parcel already contains a two family dwelling. Permitting another principal structure would not be permitted given the size of the lot. Please contact me if you should need further information. JP/mh CJ 7H FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21. 1994• PAGE .7 and wheelchair awareness. She stated that the children would be divided into groups of 20 to 25 with at least one member from the police, fire, and recreation departments, and senior citizen representatives to serve as leaders: She stated that Fridley .s probably one of the first cities to actively include the se 'ors. Ms. Swanson stated that this Safety Camp would target a children in Fridley, and registration would also be open t all Fridley residents. Councilwoman Jorgenson asked if Safety Camps ere held last year at the apartment complexes. Ms. Chevalier stated that she visite he City parks and .talked about safety issues. She stated t t this Safety Camp -would be held at Commons Park, and a helico er would fly in for the opening ceremony. Ms. Swanson stated that a v' eo is available on what has been done in other cities if Counci wished to view it. She stated that this is a community project and funds have been solicited from busi- nesses. T-shirts wi be donated by Target and Unity Hospital, and Hardee's has offer lunch and snacks. MOTION by Coun lwoman Jorgenson to concur with the recommendation of the Human esources Commission and reallocate 1994 CDBG funds to the Saf y Camp project in the amount of $2,000 and to Tamarisk Resourc in the amount of $1,000. Seconded by Councilman Schne' er. Upon a voice vote, all voting aye, Mayor Nee declared the otion carried unanimously. 7. ADOPT ORDER TO RAZE A HAZARDOUS STRUCTURE AT 5335 6TH STREET N.E. WARD 1): Ms. Dacy, Community Development Director, stated that the building proposed to be razed is located at 5335-37 6th Street. She stated that a duplex is located on this parcel, and the structure in question is located to the rear of the duplex. She stated that the size of the building is 20 feet by 25 feet and has been on the property for a number of years. Ms. Dacy stated that a duplex was constructed on the property in 1979 and, as a condition of the building permit, this structure was to be removed. She stated that the building was not removed by the owner or contractor. She stated that ownership has since changed, and the property is now owned by Mr. Robert Huber. Ms. Dacy stated that a complaint was received on this structure, and an inspection was conducted by City staff. She asked the Chief Building Official, Mr. Palacio, to review the condition of this building. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 PAGE 8 Mr. Palacio, Chief Building Official, stated that he received a complaint as to the unsafe conditions of this building, and an inspection was conducted on August 31, 1994. He stated that' a letter was sent to the property owner, Mr. Huber, notifying him of these hazards. Mr. Palacio reviewed the hazardous conditions of this building, as outlined in his memorandum to Barbara Dacy dated November 17, 1994. Mr. Palacio stated that these conditions related to deterioration of the roof, foundation, and chimney; no records of electrical or heating system disconnects; broken windows and cracking of the exterior siding and stucco; collapse of walls and ceiling; and a fire hazard to public health and safety. Mr. Palacio stated that the City appraised the building at $455.00. He stated that according to the city code, a structure cannot. be upgraded if the necessary repairs exceed fifty percent -or more of .the fair market value. He stated that the estimated cost'.for repairs is $28,425, and the size would not meet minimum require- ments of 1,020 square feet for a one family dwelling. He stated that there is already a two family dwelling.. on this parcel, and another -principal structure would not be permitted because of the size of the lot. Councilman Billings asked if there were any notes in the -file that indicate why this structure should have been demolished when the duplex was constructed. Mr. Palacio stated that he could not find any notes regarding demolition of this structure. Councilman Billings asked Mr. Palacio if this action to raze the structure has anything to do with the 1979 action or if it is because -of the present condition of the building. Mr. Palacio stated that the recommendation to raze the structure is due to the current condition of the building and it being a hazard. Councilman Schneider stated -that the issue the Council has to address is if they believe the building is a hazard to the public safety. Mr. Huber, owner of the property at 5335-37 6th Street, stated that Mr. Palacio is correct in his assessment of the structure, as it is not in good shape. He stated that he wants it removed as bad as the City, but he reviewed the facts back in 1979 when the structure should have been removed. Councilman Schneider stated that what happened in 1979 really has no bearing on the issue to raze the building. Mr. Huber stated that in 1979, there was a stipulation that the owner obtain a wrecking permit, and the building was to be removed FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 PAGE 9 in 1979. He stated that the structure was deteriorated when he purchased the duplex. He stated that within weeks after he purchased the duplex, he discovered an abandoned fuel tank leaking, and if a soil sample could be taken now fuel oil would be found in the soil. Mayor Nee stated that the issue before Council this evening is if the building is a hazard. Mr. Huber stated that he has contacted the builder of the duplex, has not received any satisfaction, and is considering taking him to conciliation court. Councilwoman Jorgenson stated that Mr. Huber may have a case for a civil action against the previous owner or builder, but the issue this evening is if the building is a hazard to public safety and health. Mr. Huber stated that when the City conducted a final inspection in 1979, the City should have enforced the removal of this structure. He stated that if this had been done, he would not be here this evening. Councilman Schneider felt that Mr. Huber should have investigated the property when he purchased it in 1984. Mr. Huber stated that in his mind, this rear building was not there. If he had known the problems it has created, he never would have purchased the property. Mayor Nee stated that this issue is irrelevant, and the question is whether or not the structure is a hazard and public nuisance. Mr. Huber stated that he would agree it is time to remove this structure, but this is a situation where it is known that the builder was suppose to remove it. Councilman Billings stated that there are no notes in the file for this structure to be removed, and the only information he has is the letter Mr. Huber received from the builder, Mr. Shermer of Shermer Construction which indicated that the owner of the property, Mr. Bonczek, wished to use the building as a workshop. He stated that he would assume the City initially requested the building to be torn down so that there would not be two principal structures on the site, and the owner probably approached the City to ask if it could be used as a workshop. He stated that the only information the City has is this letter from Mr. Shermer to Mr. Huber which explains why the building was not removed. He stated that if the building was not in a state of disrepair, this issue would not be before Council and in 1979, *the building may have been in good condition. Ms. Pat Carey stated that she is a concerned citizen speaking in support of Mr. and Mrs. Huber. She stated that she does not live FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 PAGE 10 in Fridley, but that is not relevant. She stated that if the City had followed through with what should have been done in 1979, there would not be this issue. She felt that there should be some help and public funding to help Mr. Huber raze the building. Councilwoman Jorgenson stated that Council cannot spend public funds to help private citizens raze their buildings. Councilman Billings stated that there is a rehabilitation program through the Housing and.Redevelopment Authority, and that may be the appropriate place to apply for funding to make.an improvement to a piece of property. He told Mr. Huber that he could contact Barb Dacy or Grant Fernelius of City staff to determine if funds could be used for this purpose. Councilman Billings stated that he understands the point Ms. Carey is making, as she feels.that in 1979 the City made a mistake by not having this structure removed from the property. He stated that, apparently, subsequent to the application by the contractor for the building permit and prior to the issuance of the certificate of occupancy, the situation changed and the structure was allowed to remain on the property. He stated that based on information available now, he does not feel there was any wrongdoing on the City's part. MOTION by Councilman Billings to authorize the order to raze a hazardous structure at 5335 6th Street and for the appropriate City officials. to execute same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. COUNTY COMMUNITY ACTION PROGRAM, INC.: Ms. Dacy, Community Development Director, stAed that prior to the Council considering this resolution, a lic hearing has to be conducted and would recommend the he Ing be held on December 5, 1994. She stated that the requis rem s for the public hearing were not brought to her attention wh this reolution was originally requested. She stated that st f will also include this resolution for the Council's considera on at the December 5, 1994 meeting. MOTION by Councilwoma Bolkcom to set a public hearing for December 5, 1994 to nsider the leasehold cooperative status on property in Hyde P at 6008 2nd Street and 5908-16 2-1/2 Street. Seconded by Coun 'lman Schneider. Upon a voice vote, Councilwoman. Bolkcom, Counc' man Schneider, Councilwoman Jorgenson, and Council- man Billing voted in favor of the motion. Mayor Nee abstained from voti on the motion. Mayor Nee declared the motion carried by a fo to one vote. CERTIFICATE OF SURVEY JAMES L. KURTH LAND SURVEYOR 4002 JEFFERSON ST. N.E. °• COLUMBIA HEIGHTS 55421 788-8769 1 I/CRCwY CCRTIFY THAT THIS SURVCY. M.AN. OR RCPORT WAS PRQA SY MC OR UNDER MY DIRECT SUPOWISION ANO THAT 1 AM A DULY RCOISTERCO LANO SURVCYdR UNDER TMC L.^Ws THC ATC OF MINNESOTA. DATE 9-11 -77 '- -.•.� ��' 1 SCALE 1"= 30' MINNESO REGISTRATION NO. 5332 o=IRON MONUMENT Ld Z 13 0:80 DOES Noy ytit CRY Of ow: �/APOtZ . ACCU�CY OF UiritiY LOCA:10N5 Y ' AK) SIS 0 IS fOR INFOR"flON f UR?OSES O�'�= PERSONS USING R • SHOM TIES > fp ►11Ct� ON THE SITE. w 0.1 O� ,A a�� ©UiR � . AT fl'4N0 Rl *ftWq r c� ) ENG, Rte. CURB SURVEY Of Lots 23 and 24, Block 16, Hamilton's Addition to Mechanicsville, Anoka County 80dz pp- `\ 7L f ,, -'- 1 53rd Avenue N.E. City of Columbia Heights (5) 5460 t2) t5) 5402 (4) (5) 5370 73 5360 co t14) 15 v� 5350 •� 75 L- 530 5= 77 5310 fay No. 694 ( 0 (ee 5455 (7) 54515435 5451 13 t22 ) ( 11) 5460 (2) 5430 4527 � ( 21 ) (5) ( 0 (50 515 (e1 (e) (5430) (5410) (50 (�) 50 5400 451 ( ') 54th Avenue N.E. ( ) (5) (5) 5375 (50 (5) (70) 5370 5372 (as) 5334 53'47 53480 (epi) ( ) 5) (3e) (be) (5) 5m 5a 1 64 50 42 50 it 5346 50 53M(61)50 ( e4 ). -� (53) A. 5394 r' 50 (17 ) 5331 I 44 5334' 5336 (e2) 5331 (52 d, `" i52 e2 ( 52) 543e0 5811 5316 50 Ie1 t 45305 147 (e5) (5300) 63 5315 u ( ) (�) ( )L::�5�15 53rd Avenue N.E. City of Columbia Heights (5) 5460 t2) t5) 5402 (4) (5) 5370 73 5360 co t14) 15 v� 5350 •� 75 L- 530 5= 77 5310 ,.. ,�.�; �- e.' +C:.s HAZARDOUS BUILDING 5335/37 - 6TH STREET N.E. Roof is deteriorated and has structural problems as evidenced by sagging and opening in roof. Roof covering has deteriorated because of age and maintenance. The building plumbing Mures have been abandoned. The building has no record of proper sealing of sewer and fixtures have been broken that result in open sewer, creating health hazards. The building has no record of electrical service disconnect. The building has no record of heating system disconnect, and the chimney is deteriorated. The chimney brick mortar has deteriorated, allowing brick to become loose. Most, if not all, of the windows in the building are broken; windows have been boarded up. Hazardous Building 5335/37 - 6th Street N.E. Page 2 The building structure, because of inadequate maintenance, has exterior siding and stucco cracking, leaning out of plumb, structurally deficient because of years of neglect. The front door is structurally deficient and poses hazards to trespassing children, and efforts have not been successful in boarding up the building. The foundation has deteriorated which allows an open area for harborage of animals. Walls and ceiling of the interior have fallen in because of inadequate protection from the weather. Fire hazard to public safety and health; the building is located in the rear yard within 20 feet of themain structure. The roof members around the chimney are sagging because of structural decay, causing the chimney to lean out of plumb. a�0 Community Development Department PLANNING DIVISION City of Fridley DATE: November 18, 1994 TO: William Burns, City Manager440 FROM: Barbara Dacy, Community Development Director SUBJECT: Consider Order to Remove Hazardous Building at 5335/37 - 6th Street N.E. BACKGROUND On July 6, 1979, the City issued a building permit for a double bungalow on property generally located at 5335-37 6th Street N.E. Existing on the property at that time was an old 20' x 24' single family home located in the rear portion of the property (see attached survey). One of the conditions on the permit for the double bungalow required a wrecking permit be obtained to demolish the existing house. According to the original contractor who constructed the double bungalow, the City permitted the house to remain under the information that the owner of the double bungalow was going to use it as a workshop. There is no documentation in the address file to verify this. The house/shed, however, is now in very poor condition. Ownership on the property has changed since the issuance of the 1979 permit. We contacted the current owner and asked him to remove the building because of its hazardous condition. The current owner, Robert Huber, of Cedar, Minnesota, has verbally advised staff that he does not feel that he should be responsible for removing the structure, given the 1979 permit stipulation. The original contractor who was required to remove the building is stating that he is not responsible to remove the structure as well (see his letter dated September 20, 1994). CURRENT STATUS John Palacio has prepared a detailed memo regarding the hazardous conditions of the structure. The City Attorney's office has recommended that the City Council declare the building hazardous under Minnesota State Statutes (a similar process was completed by the City for 513 Fairmont Street N.E.). Order for 5335/37 - 6th Street N.E. November 18, 1994 Page 2 An Order to Raze Hazardous Structure has been prepared for the City Council's approval, declaring the building hazardous, presenting findings, and ordering its demolition. The owner will have 20 days from the date of the Order's service to appeal the Order. If no appeal is filed, the owner has 30 days from the date of Order's service to remove personal property from the structure and to demolish the structure. If the owner does not demolish the structure, the City will hire a contractor to demolish the building. The cost of the demolition will be assessed against the property. RECOMMENDATION Staff recommends the City Council adopt the attached Order to Raze Hazardous Structure as presented. BD/dw M-94-697 7A 612 780 1777 NOV 17 '94 10:12 BARNA GUZY & STEFFENGER 1 STATE OF MINNESOTA COUNTY OF ANOKA In re: Hazardous at 5335/37 6th Street N.E. Fridley, Minnesota, legally described as Lots 23 and 24, Block i6, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota. P.2 DISTRICT COURT TENTH JUDICIAL DISTRICT ORDER TO RAZE HAZARDOUS STRUCTURE The above matter came on for public hearing at a regular meeting of the City Council of the City of Fridley on the 21st day of November, 1994, at 7:30 p.m. Upon hearing evidence presented in the matter, the City Council makes the following.- FINDINGS ollowing: FINDINGS OF FACT A. That an August 31, 1994, aohn Palacio, Chief Building Official for the City of Fridley, inspected the real estate located at 5335/37.6th Street N.E., Fridley, Minnesota, following complaints from unsafe and unsanitary conditions, including rodent infestation. B. City of Fridley has for several months attempted to resolve the situation with the owner. C. Based upon the referenced inspection, the following conditions exist on the property: 1. The roof covering has deteriorated because of age and lack of maintenance, which has allowed water leakage into the structure. 2. Because of the lack of maintenance, there has been significant water damage to the ceiling and walls 7B 612 780 1777 NOV 17 '94 10:19 BARNA GUZY & STEFFENGER P.3 of the living space. 3. The roof structure has deteriorated; structural problems are evidenced by noticeable sagging of the roof, unrepaired openings in the roof, and significant rotting of structural members. 4. The building's plumbing fixtures have been abandoned and are broken, resulting in open sewer situation creating health hazards. 5. The structural members of the roof are compromised by the rotting conditions to such a degree that the chimney is no longer adequately supported and is leaning. There are a number of bricks missing due to neglect. The entire chimney is unstable. G. The.building has no record of electrical..services disconnect. 7.. Most of.the openings to the building have been damaged and glass broken, and.have been boarded UP. The front door is structurally deficient, does not prevent unauthorized entry into the building. Efforts of boarding the building have not been successful, and the building has been the site of prior trespassing by children. 8. The exterior siding, because•of inadequate maintenance and water penetration from the roof, is cracking, pulling away from the walls, and is out of plumb. -2- %^ 612 780 1777 i NOV 17 '94 10:19 BARNn GUZY a STEFFENGER P.4 9. There has been'rodent infestation of the building; rodent droppings were found inside the dwelling, and holes were found in the foundation allowing animals to gain entry to the building. 10. The house does not meet the codes minimum size requirement of I,020 sq. ft. for ane -family dwelling unit._ The structure is 500 sq. ft. (20 ft. x 25 ft.). 11. The parcel already contains a two --family dwelling. The city code prohibits another principal structure given the size of lot in question. 12. The cost of repairing these structural defects and' code violations is estimated to be $28,425.00 (500 sq. ft. x $56.85/sq. ft.). The current appraised value of the building is $455.00. coNCLUsIONS of COUNCIL 1. The structure is hazardous because of inadequate maintenance, dilapidation, physical damage, unsanitary conditions or abandonment, and constitutes a fire hazard and/or hazard to public health or safety. 2. The building contains several -structural hazards holes in the roof, sagging roof, open foundation, unsecured doors. 3. The structure is hazardous due to lack of weather Protection. 4. The structure is hazardous and is an attractive nuisance to children in the area. -3- 691 612 780 1777 NOV 17 '94 10:20 BARNA GUZY & STEFFENGER P.5 5. The cost of repair far exceeds the market value of the property. 6. The cost of repairing the building to meet code violations would exceed'50% or more -of its fair market value; therefore, the structure would have to be brought into compliance with all of the city's code requirements, some of which would be impassible for this structure to comply with (setback requirements, lot coverage requirements for second principal dwelling structure). ORDER 1. The non -occupied 20 ft. x 25 ft. house/shed structure at 5335/37 6th Street N.E., Fridley, Minnesota, is a hazardous building pursuant to Minn. Stat. $463.152, 463.616. 2. Pursuant to the foregoing findings and in accordance With Minnesota Statutes, the city Council hereby orders the record owner of the above -hazardous building, or his heirs, to raze the building within thirty (30) days'of the date of service of this order. The site must then be restored to a safe condition with fill as necessary. 3. The City Council further orders that personal property or fixtures that may unreasonably interfere with the razing and removal of the building shah, be removed within thirty (30) days, and if not so removed by the owner, the City of Fridley may remove and sell such personal property and fixtures at public auction in accordance with law. 4. The city council further orders that unless such -4- 7E 612 780 1777 NOV 17 '94 10:20 BARNA GUZY & STEFFENGER P.6 corrective action is taken or an answer is served upon the City of Fridley and filed in the Office of the Court Administration of the District Court of Anoka County, Minnesota, within twenty (20) days from the date of the service of this order,*a motion for summary enforcement of this order will be made to the District Court of Anoka County: 5. The City Council further orders that if the City is compelled to take any corrective action herein, all necessary casts expended by the City will be assessed against the real estate concerned, and collected in accordance with Minn. Stat. $463.22. " 6• The mayor, the 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 cost thereof against the real estate described above for collection, along with taxes. Dated: , 1994 9:\c0rp\gvh\frid1ay\ord--5335.37 -5- 7F BY THE ORDER OF THE CITY COUNCIL By. William J.-Nee- City .NeeCity Mayor By: William W. Burns City Manager BUILDING DIVISION MEMO DATE: November 17, 1994 TO: Barbara Dacy, Community Development Director FROM: John Palacio, Chief Building Official SUBJECT: Hazardous Building at 5335/37 - 6th Street N.E. (building located in rear yard) Inspections have been conducted at the address listed above to verify complaints in regards to an unsafe building. On Wednesday, August 31, 1994 an inspection was conducted and a letter was sent to the property owner, Mr. Robert J. Huber, to notify him of the hazards. Since that time, Mr. Huber has had correspondence with the original builder/contractor who was to remove the building in 1979. Neither Mr. Huber or the original contractor will remove the building. The building is hazardous for the following reasons: * Roof is deteriorated and has structural problems as evidenced by sagging and opening in roof. * Roof covering has deteriorated because of age and maintenance. * The building plumbing fixtures have been abandoned. * The building has no record of proper sealing of sewer and fixtures have been broken that result in open sewer, creating health hazards. * The building has no record of electrical service disconnect. * The building has no record of heating system disconnect, and the chimney is deteriorated. * The chimney brick mortar has deteriorated, allowing brick to become loose. * Most, if not all, of the windows in the building are broken; windows have been boarded up. * The building structure, because of inadequate maintenance, has exterior siding and stucco cracking, leaning out of plumb, structurally deficient because of years of neglect. 7G Building at 5335/37 - 6th Street N.E. November 17, 1994 Page 2 * The front door is structurally deficient and poses hazards to trespassing children, and efforts have not been successful in boarding up the building. * The foundation has deteriorated which allows an open area for harborage of animals. * Walls and ceiling of the interior have fallen in because of inadequate protection from the weather. * Fire hazard to public safety and health; the building is located in the rear yard within 20 feet of the main structure. * The roof members around the chimney are sagging because of structural decay, causing the chimney to lean out of plumb. The present appraised value of the building is $455.00. Fridley Code Section 205.03.(3a) states that a building cannot be upgraded if the necessary repairs exceed 50% or more of its fair market value. The cost of repairs are estimated to be 20' x 25' = 500 square feet x $56.85 = $28,425.00. The cost of repairing the building to a sound, safe condition would exceed the zoning requirements. Also, the building would not meet the minimum requirement of 1,020 square feet for a one family dwelling unit. Finally, the parcel already contains a two family dwelling. Permitting another principal structure would not be permitted given the size of the lot. Please contact me if you should need further information. JP/mh 7H s - HAROLD G. SHERMER RICK G. SHERMER KEITH G. SHERMER s• SHERMER CONSTRUCTION 8400 78TH AVENUE NORTH MINNEAPOLIS, MINNESOTA 55445 H. G. Shermer 8400 78th Ave. No. Minneapolis, Minn. 55445 September 20, 1994 Robert J. Huber 18380 .Gladiola Street NW Cedar, Mn. 55011 TELEPHONE 612-425-2704 Re; Property loacated at 5335/37 6th Street NE, Fridley; MN. 55421 Dear Robert Huber: I received your letter pretaing to a twin home located at 5335-37 6th Street NE. Fridley. I built the home in 1979 for the property owner, Walter Bonczek, the City of Fridley stipulated the small shed or house be removed, before they would issue a certificate of occupancy. Walter Bonczek persuaded the City to not remove the building, so he could use it as a work shop. I completed the twin home and had the required inspections by the City. The City of Fridley issued a Certificate of Occupancy. The Certificate Stated the builder has complied with all the City requirements and the home is ready for occupancy. I don't know who gave permission to leave the house -shed, as Walter Bonczek never said, or 7 don't remember, as you know that was fifteen years ago. I think you should contact Walter Bonczek. I feel H. G. Shermer Const. built the home to City and State codes and requirements. If we had not the City of Fridley, would not issue a C.O. Sorry I can't help you. Harold G.Shermer 71 Robert J. Huber 18380 Gladiola Street NW Cedar, MN 55011 September 13, 1994 H. J. Shermer Construction 8400 78th Avenue North Minneapolis, MN 55445 Re: Property Located at 5335137 6th Street NE, Fridley, MN 55421 Dear H. J. Shermer Construction: I have enclosed a copy of the building permit you obtained on July 9, 1979. In this permit it states that you were to obtain a wrecking permit for the existing building, and to remove the existing building at the time of the construction of the new building. A wrecking permit was not obtained, nor was the existing building removed. I am requesting that you remove the existing building by October 20, 1994. If you should have any questions, please feel free to call me at 753-4865. Sincerely, Robert J. Huber Cc: John Palacio, City of Fridley Enclosures: 1 7J CINOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612.) 571-3450 • FAX (613) 571-1287 September 1, 1994 Mr. Robert.J:"Huber 18380 Gladiola St NW Oak Grove Township, MN 55011 Re: Hazardous Building (20' x 25' Shed) at 5335-37 6 Street NE, Fridley Dear Mr. Huber: An inspection was conducted on Wednesday, August 31, 1994 in response to a complaint on the above noted building. The complaints were harborage of rodents and dilapidation of the building. The inspection verified that the building was hazardous because of the following: 1) Inadequate maintenance. 2) Dilapidation. 3) Physical damage. 4) Unsanitary conditions. 5) Fire hazard to public safety and heath. Other items are the building has been abandoned, windows have been boarded up, entrance has been left open to the public, and foundation is open to harborage of animals. The plumbing fixtures have not been properly sealed. Therefore, at this time you must remove the building to eliminate the.hazards listed above. You have five days to reply in writing. If you have any questions do not hesitate to call me at 572-3602. Sincerely, abAN PAT O Chief Building Official JP/mh CC: Mr. Chuck McKusick, Fire Chief Mr. Carl Newquist, City Prosecutor Ms. Barbara Dacy, Community Development Adm. C-ERTIFIC^TE OF SURVEY JAMES L. KURTH LAND SURVEYOR 4002 JEFFERSON ST. N.E. COLUMBIA HEIGHTS 55421 788-9769 HICAWIRY CCRTIFY THAT THIS GURVIEV. MAN.- an IMPORT WAS PaCrAng By We an u"Out &4V offtacr Su"awlefe AND THAT I AM A OULY MCGISTIEDIWO LAND GURVKV6141 UNDER TNI to or TNI ATI MINNESOTA. DATE 9-11-27 SCALE 1 MINNESOUIREGISTRATION NO. 5332 ll 0=1RON MONUMENT . -I r u CD 4 5335 .4, Of zos • 0 r1w in a0- + _ y� � e- 00 - o ofV #40 NOV* zC17Y T �ionING cul WA), C op ZZ . SURVEY OF Lots 23 and 24, Block 16, Hamilton's Addition to Mechanicsville, Anoka Count pp - 7 L %IJ City of Fridley SUBJECT PERMIT N 15318 AT THE TOP OF THE TWINS _ BUILDING PERMIT L ....... COMMUNITY DEVEL MENT DIV. PROTECTIVE INSPECTION SEC. CITY HALL FRIDLEY 55432 NUMBERREV. DATE PAGE OF APPROVED BY 612-571-3450 910-F1517/6,179 JOB ADDRESS 5335 6th Street N.E. - 1 LEGAL LOT NO. BLOCK TRACTORADDITION SEE ATTACHED DESCR. 23,24 16 Hamilton's ton's Addition to Mechanicsville SHEET 2 PROPERTY OWNER MAIL ADDRESS ZIP PHONE Walter Bonczek 4249 Humboldt Avenue North, Mpls., MN 3 CONTRACTOR MAIL ADDRESS ZIP PHONE LICENSE NO. H. G. Shermer Construction 8400 - 78th Avenue North 425-2704 4 ARCHITECT OR DESIGNER MAIL ADDRESS ZIP PHONE LICENSE NO. 5 ENGINEER MAIL ADDRESS SEPERATE PERMIT IP PHONE LICENSE NO, J REQUIRED 8 USE OF BUILDING FLEATINGt FL1 Il/DING AND tl� SIGN& Residential 7 CLASS OF WORK ❑ NEW O ADDITION ❑ ALTERATION ❑ REPAIR ❑ MOVE ❑ REMOVE X 8 DESCRIBE WORK Construct ' x 341.d a 24.7r x 25' Gaxage 9 CHANGE OF USE FROM TO STIPULATION s� Provide ahard--surf ace .dr±veway..:Provide, .sod ront,.and side` yards. Provide City with copy of verifying survey before capping Obtains wrecki.ng per911 t YiC 1TTOi SEWER,LOCATION: (Approx. 10' Deep In Street) 55' N. of Manhole (Inv. 863.-29) _._. WYE ELEVATION: 863.46 TOP -OF FOOTING: 866.60 Minimum WATER LOCATION: - 54.6' N.E.of•Manhole, 37.0' S.W. of S.W. corner of 5361 -6th.- _ DRIVEWAY DEPRESSION ESCROW: 16' -I- 6' x $15.75 = $346.50 CTP Z�_ Qct a A U ()� , �-lq plus 20 f eet of -old drive' to be closed $15.'75 x 20 _ $315.00 ACOMCT Or 'UMfK . iOCAMOM AND dMAIdt4 WARInk iMi3 DATA- 16 fit WOJtMAflON PUgrOsIm - oMy AND SdOM dk&g cau PERSONS VW4 R SHOULD ` Ww SHF EN 0MINT" l utllitil*s OM THE � - SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. TYPE OF CONST. wood Frame 7AyIQmUP� 1JJ((CE OCCUP _ Y LOAD ILA THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION ZONING SO. FT. CU. FT. AUTHORIZED IS NOT COMMENCED WITHIN 60 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT 1632 + 617 34,556 TDta ANY TIME AFTER WORK IS COMMENCED. NO. DWLG. UNITS OFFSTREET PARKING I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION 2 STALLS GARAGES AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS VALUATION SURTAX AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT $54,700 $27.35 DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PERMIT FEE SA PROVISIONS OF ANY OTHER STATE OR LOCAL LAW .REGULATING CON- STRU T PERF ANC OF CO UCTION. $138.22 $850. PLAN CHECK FEE T F $34.56 $1,050.13 SIGNATURE OF CONTRAtf0RbR XUTk6RQEDAGENT 4DATEI N,WHEN PROPERLY VALIDATED IS YOUR RMIT 5 SIGNATURE OF OWNERtIF OWNER BUILDERI /DATEI BLDG INSP q E if Nri 7N �84 7P en Q)�QKjjj� CERTIFICATE OF SURVEY JAMES L. KURTFii LAND SURVEYOR 4002 JEFFERSON ST. N.E. COLUMBIA HEIGHTS 55421 788-97 1 $= 'f CCRTIPV THAT THIS sURvmv. PLAN. OR REPORT wAs PRLCPARED 0Y ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AM A DULY RM610TUPSO LAND SURVEYOR UNDER TNM LAWS OF THE STATE OF MINNESOTA. -3 - %.= C1h %L%..- -%.- . - CERTIFICATE OF SURVEY JAMES L. KURTM LAND SURVEYOR 4002 JEFFERSON ST. N.E. COLUMBIA HEIGHTS 55421 788 8769 1 HERESY CERTIFY THAT THIS SURVEY. PLAN. OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AMO THAT 1 AM A DULY REGISTERED LAND SURVUY46M UNDER THE LAWS OF THE STATE OF MINNESOTA. DATE 9-11 -Z7 SCALE 1"= 30' MINNESO REGISTRATION NO. 5332 O= IRON MONUMENT WE TtiiE CITY Of MDUY WS NOT Atm /Ai10t1E ACCt1RAC: LOCA"PURPOSES LAY AN TdIS OA`A IS F� INFORMATION FERSWS USN 910" ON THE SITE - 0 8 a: .r r ap 1 -S -STS �v 5335 zos Q W I Q Q. 00 ? 0 O 30 cJ iWV��AY NO E L Q�r fl r Ory �� ar � '�vv OR WAY Q o�GS r SURVEY OF Lots 23 and 24, Block 16, Hamilton's Addition to Mechanicsville, Anoka Count TEI Bell* �� �: • � t. AA``�