RES 2007-44 - 00014375RESOLUTION NO. 2007 -44
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 accessory structure located at 1465 Gardena Avenue NE:
Legally Described as: Southerly 200 ft of Lot 2 & W 20 ft of S 220 ft of Lot 1 Meloland
Gardens Except Westerly 72 ft of SD Lot 2 Subject to easement of record.
TO: Mr. Bashir Moghul , 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 structure for the following reasons: an agent of the Chief Building Official of
the City of Fridley has inspected the structure and has determined that the essential
structural items of this structure such as walls, and rafters are not structurally stable. The
garage has been boarded up and secured, but not repaired. However, the property owner
continues to store materials in the structure causing concern about the safety of anyone
retrieving these materials from storage.
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. 2007 -44 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 AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
10TH DAY OF SEPTEMBER, 2007
Scott . Lund, Mayor
ATTEST
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Debra A. Skogen, City Merk