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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