Res 1996-59 fO ,O
RESOLUTION NO. 59 - 1996
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 218 - 57th Place N.E. :
Legally described as Lots 5 and 6, Block 8, City View, Anoka County, as on
file and of record in the County Recorder's office of said County.
TO: Gerald L. Gage, Henry F. and Roselyn Berkholz, and any tenants,
occupants or any other persons claiming an interest in the above-
described premises
1. Pursuant to Minnesota Statutes, Section 463.15 to 463.61 the 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:
Having received numerous citizen calls and complaints concerning the
apparent disrepair and abandonment of the above-described premises, the
City of Fridley dispatched to that location the Chief Building Official
of the City, who conducted an inspection of the premises on July 3,
1996, and submitted to the City a report of his observations of the
premises, which report is attached hereto, incorporated by reference,
and shall be considered among the findings of the City Council in its
determination of the matter. In particular, the defects within the
premises that were expressly found to violate the provisions of the
State Building Code, as adopted by this City, include, but are not
limited to the following:
A. Inadequate or no footings and foundation around the perimeter of
the structure.
B. Improper posts, beams, and footing pads to support the floor.
C. Stairway to the basement does not meet the minimum building code
requirements:
1) Maximum rise of 8 inches.
2) Minimum run of 9 inches.
3) Minimum headroom of 80 inches.
4) Minimum width of 36 inches.
D. Improper and unsafe handrail for the basement stairway.
E. No guardrail on the open sides of the basement stairway - minimum
height of 36 inches and a maximum opening between rails of not
more than 4 inches on center.
Page 2 -- Resolution No. 59 - 1996
F. No certification on the two gas furnaces and flu size.
G. No exterior source of combustion air to both furnace rooms.
H. Unsecured gas piping and improper installed gas shut-offs.
I. No gas provided to the dwelling.
J. No hot water provided.
K. No heating system capable of maintaining a temperature of 70
degrees.
L. Building main sewer system needs repair, and currently results in
raw sewage regularly being dumped into the building.
M. Building waste needs to be secured and vented with proper hangers.
N. Damaged plumbing.
0. Broken and damaged windows.
P. Holes in interior walls.
Q. Unclosed openings in the foundation rim joists.
R. Uncaulked exterior openings (siding and soffit) .
S. No back flow preventers at laundry tub, and at other hose
connections.
T. Damaged wiring and light fixtures need repair and wire needs to be
secure per code.
U. Exposed electric wires.
V. Smoke detectors not provided in each level of the dwelling and in
every sleeping room.
W. Roof rafters at south end of the building need repair. Roof must
support a minimum of 50 pounds per square foot.
X. No building address numbers.
Y. Building not secure from trespass.
Z. Rodents and other vermin are present in the building and need to
be exterminated by licensed contractor.
AA. Improper ceiling height in habitable rooms.
!1'
e 10
Page 3 -- Resolution No. 59 - 1996
BB. Improper storage of and clearance to combustibles from B-vent
through roof, south apartment furnace.
CC. No firestop above light fixture in south apartment.
DD. Improper ceiling insulation in south apartment.
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 order 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.
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 26TH DAY OF
AUGUST, 1996.
11"1" :
WILLIAM J. NEE - MAYOR
ATTEST:
lAAA/1,Y\WILLIAM A. CHAMPA - CITY LLRK
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