HomeMy WebLinkAbout10C - 14730 Carriage Lane16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
APRIL 18, 2005
10C
ROBERT D. HUTCHINS BUILDING OFFICIAL
CONSIDER APPROVAL OF A RESOLUTION DECLARING A
HAZARDOUS BUILDING AND ORDERING ELBERT AND JESSICA
GREENE SR. TO RAZE, REMOVE OR REPAIR THEIR RESIDENTIAL
STRUCTURE AT 14730 CARRIAGE LANE.
History
On December 12, 2004, Elbert and Jessica Greenes Sr.'s home at 14730 Carriage
Lane sustained major structural damage due to a fire. The property is a two-story
style house structure that was built in 1993. The legal description of the property
is Lot 8, Block 2, of Carriage Hills First Addition.
The severity of the fire has left the house uninhabitable and has created a
hazardous condition constituting a hazard to public safety and health. The roof of
the house has collapsed, due to lack of supports and charred members. The
second floor has collapsed leaving the north wall unstable. Since the fire, the
garage has also collapsed do to inadequate structural supports.
Background
The State of Minnesota Fire Marshal and West Bend Mutual Insurance Company
have concluded their investigations into the cause of the fire. These findings and
results have been forwarded to the Greene's. Both investigation entities have
stated the structure is no longer needed for the purpose of their respective
investigations. The City sent a letter to the Greenes on Feb 23, 2005 ordering the
Greenes to raze, remove or repair the structure by March 25, 2005. On March 22,
2005, Mr. Greene sent a fax asking for an extension to this deadline. On March
30, 2005, an extension was granted to April 1 lth 2005 SO that Mr. Greene could
hire his own investigator. In a conversation with Mr. Greene on April 5, 2005 he
stated no investigator has yet been employed to investigate the property on his
behalf.
The City has adopted the 2003 Minnesota State Building Code (MSBC) which
adopts the 2000 International Residential Code (IRC). The building is in
violation of the following code items:
} MSBC 1300.0180 UNSAFE BUILDINGS OR
J:\BUILDING\Complaints\Greene agenda. DOCGreene agenda www.citadofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
STRUCTURES. The building official may order any
building or portion of a building to be vacated if
continued use is dangerous to life, health, or safety of the
occupants. The order shall be in writing and state the
reasons for the action.
All unsafe buildings, structures, or appendages are public
nuisances and must be abated by repair, rehabilitation,
demolition, or removal according to Minnesota Statutes,
sections 463.15 to 463.26.
MSBC 1309.0305 SECTION R305, CEILING
HEIGHT. IRC Section R305.1 is amended to read as
follows:
R305.1 Minimum height. Habitable rooms, hallways,
corridors, bathrooms, toilet rooms, and basements shall
have a ceiling height of not less than 7 feet (2134 mm).
The required height shall be measured from the finish
floor to the lowest projection from the ceiling.
IRC R306.1 Toilet facilities. Every dwelling unit shall be
provided with a water closet, lavatory and a bathtub or
shower.
IRC R309.2 Garages and carports. The garage shall be
separated from the residence and its attic area by not less
than ½"-inch gypsum board applied to the garage side.
MSBC 1309.0314 SECTION R314, STAIRWAYS. IRC
Section R314 is amended to read as follows:
R314.1 Width. Stairways shall not be less than 36 inches
(914 mm) in clear width at all points above the permitted
handrail height and below the required headroom height.
Handrails shall not project more than 4.5 inches (114 mm)
on either side of the stairway and the minimum clear
width of the stairway at and below the handrail height,
including treads and landings, shall not be less than 31.5
inches (787 mm) where a handrail is installed on one side
and 27 inches (698 mm) where handrails are provided on
both sides.
IRC R317.1 Single-and multiple-station smoke alarms.
Single-and multiple-station smoke alarms shall be
installed in the following locations: 1. In each sleeping room.
2. Outside of each separate sleeping area in the
immediate vicinity of the bedrooms.
~' IRC R602.2 Grade. Studs shall be a minimum No. 3,
standard or stud grade lumber.
} IRC R602.3 Design and construction. Exterior walls of
JSBUILDING\Complaints\Greene agenda. DOCGreene agenda
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
wood-frame construction shall be designed and
constructed in accordance with the provisions of this
chapter and Figures R602.3 (1) and R602.3 (2) or in
accordance with American Forest and Paper Association's
National Design Specification.
~' IRC R602.4 Interior load-bearing walls. Interior load-
bearing walls shall be constructed, framed and fireblocked
as specified for exterior walls.
IRC R902. Roofing covering materials. Roofs shall be covered with materials
as set forth in Sections R904 (Materials) and R905 (Requirements for roof
coverings).
The City has received numerous complaints from neighboring residents
concerning the safety hazard of the failing structure.
Conclusion
Four months have paslgd since the fire without any progress towards razing,
removing or repairing tl~e structure. The structure is in an unsafe condition and
in my judgment as the Prior Lake Building Official, the structure constitutes a
hazard to the public health and safety. Staff recommends that the City Council
adopt a resolution ordering Elbert and Jessica Greene SR. to raze, remove or
repair their residential structure at 14730 Carriage Lane. This order must be
completed within of 30 days of adoption of the resolution or the City would
initiate a motion for summary enforcement of the order in district court.
If the Greenes fail to comply with the resolution order, staff will start abatement
proceedings as per Minnesota Statutes 463.15 to 463.26 and have the structure
removed. This is a legal proceeding, called a Hazardous Building Action,
wherein the City would request the court order to have the Greenes remove the
building or give the City permission to do so. There would be staff time to
process the work. The costs for the abatement would be assessed against the
property.
The altematives are as follows:
1. A motion to approve a resolution ordering Elbert and Jessica Greene SR. to
raze, remove or repair their residential structure at 14730 Carriage Lane.
2. Table this agenda item for a specific reason.
3. Deny this agenda item for a specific reason.
Staff recommends,
Frank'l~
~alternative number 1.
y Manager
J:kBUILDING\Complaints\Greene agenda. DOCGreene agenda
WHEREAS,
WHEREAS,
an inspection of the structure reveals it to be uninhabitable, dangerous to the
neighborhood and a public nuisance and hazardous structure under Minnesota
Statutes and
Robert Hutchins, Prior Lake Building Official, has determined that in his
judgment the structure constitutes a hazardous building.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
1. The recitals set for the above are incorporated herein.
2. The building is declared to be a hazardous structure pursuant to Minnesota Statutes, the 2003
Minnesota State Building Code and the Prior Lake City Code.
3. Mr. Elbert Greene Sr. and Ms. Jessica Greene, owners of the property and structure are hereby
ordered to raze, remove or repair the residential structure at 14730 Carriage Lane within 30 days
of the date of adoption of this resolution or May 18, 2005. The necessary repairs are set out in a
letter to Mr. and Mrs. Greene from Michael Peterson, the City Building Inspector/Code Official,
dated February 23, 2005, said letter is incorporated by reference as if fully set forth herein.
4. Exhibit A consists of two pictures taken on February 4, 2005 of the structure at 14730 Carriage
Lane. The pictures depict the hazardous condition of the structure. Exhibit A is incorporated by
reference herein.
5. The mayor and city manager are hereby authorized to notify all parties with interest in this
property of the adoption of the resolution and further in the event of noncompliance within 30
days the city attorney is authorized to file any and all actions with the courts to effectuate the
prompt compliance with this resolution to raze, remove or repair the hazardous structure, the
costs of which together with expenses shall be specially assessed against the benefited property.
Passed and adopted this 18~ day of April 2005.
YES NO
Fleming Fleming
Haugen Haugen
LeMair LeMair
Peterson Peterson
Zieska Zieska
(Seal)
Frank Boyles, City Manager
Greene agenda
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
February 23, 2005
Elbert and Jessica Green SR
P.O. BOX 724
14730 Carriage Lane
Prior Lake, MN 55372
RE: Unsafe structure at 14730 Carriage Lane
Dear Mr. and Mrs. Green,
The City of Prior Lake received a complaint regarding your house that sustained fire
damage at 14730 Carriage Lane in early December 2004. The City expresses its
sympathy for the loss of your home, I'm sure this is a very stressful time for you and your
family. I visited the site on Feb 4, 2005; I observed that a substantial amount of fire
damage has occurred to the structure. I observed the following deficiencies:
1. North wall: The wall from the foundation to the roof is standing, but it appears to
be deflecting laterally from the lack of lateral support from the nonexistent roof
and the second level floor that appears missing. Action required: repair,
rehabilitate or remove.
2. South wall: The first and second level exterior walls have charred structural
members. Action required: repair, rehabilitate or remove.
3. East wall: The first and second level exterior walls have charred structural
members. Action required: repair, rehabilitate or remove.
4. West wall: The first and second level exterior walls have charred structural
members. Action required: repair, rehabilitate or remove.
5. The garage has collapsed upon itself. Action required: repair, rehabilitate or
remove.
6. First level floor at the interior of structure is charred from fire. Action required:
repair, rehabilitate or remove.
7. Second level floor at the interior of structure: Majority of structural members of
floor system have collapsed into the building. Action required: repair,
rehabilitate or remove.
8. Second level interior walls: Many of the interior nonbe'aring walls have collapsed
into the first floor level. Action required: repair, rehabilitate or remove.
9. Roof: The majority of the roof has collapsed into the second and first floor level.
Action required: repair, rehabilitate or remove.
10. There is much rubble and debris in the cavity of the structure; it appears to be
parts of the collapsed roof, second level interior walls and the second level floor.
Action required: repair, rehabilitate or remove.
SABUILDING\Complaints\14730 Carriage Green .~7.~~67ple~e. com
Phone 952.447.4230 / Fax952.447.4245
The City has adopted the 2003 Minnesota State Building Code (MSBC) which adopts
the 2000 IntemationaI Residential Code (IRC). The building is in violation of the
following code items:
MSBC 1300.0180 UNSAFE BUILDINGS OR STRUCTURES.
The building official may order any building or portion of a
building to be vacated if continued use is dangerous to life, health,
or safety of the occupants. The order shall be in writing and state
the reasons for the action.
All unsafe buildings, structures, or appendages are public
nuisances and must be abated by repair, rehabilitation, demolition,
or removal according to Minnesota Statutes, sections 463.15 to
463.26.
MSBC 1309.0305 SECTION R305, CEILING HEIGHT. IRC
Section R305.1 is amended to read as follows:
R305.1 Minimum height. Habitable rooms, hallways, corridors,
bathrooms, toilet rooms, and basements shall have a ceiling height
of not less than 7 feet (2134 mm). The required height shall be
measured from the finish floor to the lowest projection from the
ceiling.
IRC R306.1 Toilet facilities. Every dwelling unit shall be
provided with a water closet, lavatory and a bathtub or shower.
IRC R309.2 Garages and carports. The garage shall be separated
from the residence and its attic area by not less than ½"-inch
gypsum board applied to the garage side.
MSBC 1309.0314 SECTION 11314, STAIRWAYS. IRC Section
R314 is amended to read as follows:
R314.1 Width. Stairways shall not be less than 36 inches (914
mm) in clear width at all points above the permitted handrail
height and below the required headroom height. Handrails shall
not project more than 4.5 inches (114 mm) on either side of the
stairway and the minimum clear width of the stairway at and below
the handrail height, including treads and landings, shall not be less
than 31.5 inches (787 mm) where a handrail is installed on one
side and 27 inches (698 mm) where handrails are provided on both
sides.
IRC R317.1 Single-and multiple-station smoke alarms. Single-
and multiple-station smoke alarms shall be installed in the
following locations:
1. In each sleeping room.
2. Outside of each separate sleeping area in the immediate
vicinity of the bedrooms.
IRC R602.2 Grade. Studs shall be a minimum No. 3, standard or
stud grade lumber.
J:XBUILDING\Complaints\14730 Carriage Green .doc14730 Carriage Green
IRC R602.3 Design and construction. Exterior walls of wood-
frame construction shall be designed and constructed in accordance
with the provisions of this chapter and Figures R602.3 (1) and
R602.3 (2) or in accordance with American Forest and Paper
Association's National Design Specification.
IRC R602.4 Interior load-bearing walls. Interior load-bearing
walls shall be constructed, framed and fireblocked as specified for
exterior walls.
IRC R902. Roofing covering materials. Roofs shall be covered
with materials as set forth in Sections R904 (Materials) and R905
(Requirements for roof coverings).
We understand that you have received written notification your homeowner's insurance
carder, that their investigation of the scene is complete and they no longer need to
preserve the scene; thus, the scene has been released back to you. We further understand
that your insurance carder has suggested that you may demolish the structure.
The City would like to solicit your cooperation in correcting the violations as noted
above. The City of Prior Lake is requiring that you start to repair, rehabilitate or remove
this building by March 25, 2005. If compliance to this order is not completed within the
next 30 days, the City will start abatement proceedings as per Minnesota Statutes 463.15
to 463.26 and have the structure removed. This is a legal proceeding, called a Hazardous
Building Action, wherein the City would request, the court order you to remove the
building or give the City permission to do so. The costs for the abatement will be
assessed against your property if you do not comply with the order.
The City is entitled to any attorney fees that it incurs. You can avoid incurring any
attorney fees by signing a document authorizing the City to remove the building and
assess the costs against your property. By signing the authorization document you will
save money in attorney fees and time. We would be glad to provide that document to you.
If you should have any questions regarding this matter or you cannot meet the
compliance date, call my direct phone number at 447-9852 between 8:00 a.m. and 4:30
p.m., Monday through Friday, and I will answer any questions you may have.
The City appreciates your cooperation on this matter.
Michael Peterson,
Building Inspector/Code Official
CC:
Suesan Lea Pace, City Attorney
Frank Boyles, City Manager
Robert D. Hutchins, Building Official
J:~BUILDING\Complaints\14730 Carriage Green .doc 14730 Carriage Green
03/22/2005 12:31 FAX ~Z44t~u~x ~g~
Eibert E. Greene Sr.
14730 Carriage Ln NE
Prior ~ke, MN S372
Phone (952) 447-9040
Fax (952) 447..9041
greenepr147~aal.com
March 18, 2005
City of Prior Lake
16200 Eagle Creek Ave. SE
Prior Lake, MN 55372-1714
Dear Mr. Peterson:
In pursuant of your request to have the debris of my home removecl. I'm requesting an
extension. I need to conduct an investigation of my own, and have an independent
investigator look at the property before being demolished.
The property is insured and will be until all debris have been removed. Also I plan to have
all work complete as soon as possible.
Thank you and please feel free to contact me at 952.447-9040 if you have any further
inquiries.
Sincerely,
/" .,~ ,/"~ .........
Insured Party
463.15 BUILDINGS; EASEMENTS, REGULATIONS, HAZARDS
463.12 [Repealed, 1976 c 44 s 70]
463.13 [Repealed, 1976 c 44 s 70]
HAZARDOUS A.2'~D
SUBSTANDARD BUILDINGS
.
463.15 DEFINITIONS. :'
Subdivision 1. Coverage. For purposes of sections 463.15 to 463.26
defined in this section have the meanings given them. -
· Subd. 2. Building. "Building'' includes any structure or part of a struCture.~
Subd. 3. Hazardous building or hazardous property. "Hazardous
haZardous property" .means any building or property, which because of
maintenance, dilapidation, physical damage, unsanitary condition, or ab
constitutes a fire hazard or a hazard to public safety or health.
.
Subd. 4. Owner, owner of record, and lien holder of record."
Owner,
record," and "lien holder of record" means a person having a right or
property described in subdivision 3 and evidence of which is filed and recordedi_ia~~
office of the coun .ty recorder or registrar of titles in the county in which the
situated.
History: 1965 c 393 s !; 1967 c 324 s I; 1976 c 181 s 2; 2989 c 328 art 6 s 5,6
463.151 REMOVAL BY MUNICIPAI21~; CONSENT; COST.
The governing bOdy of .any city or town may remove or raze any
building or remove or correct anY hazardous condition of real estate upon
the consent in writing of all owners of record, occupying tenants, and all lien holder*~
record; the cost shall be Charged against the real estate as provided in section
except the governing'body may Provide that the cost so a~sessed may be paid in not
exceed-five equal annual installmentS :With interest thereon, at .eight percent per
History:. 1967 c 324s 2; 1974'c 341 s'I -.,
463.152 -EXERCISE OF EMINENT DOMAIN.
§~h~visi°n 1. Purpose, public 'interest. I.I1 order to' maintain a sufficient supply
adequate, safe, and sanitary housing and builc/ings used for Living, commercial,
al, or other purposes or' any combination of purposes, it is found that the
interest requires ~that municipahties be authorized to acquire buildings, real estate
Which buildings ~are located, or vacant or undeveloped real estate which are found
hazardous within the meaning of section 463.15, subdivision 3, and the acquisition
Such buildings and real estate is hereby declared'to be a public purpose.
~ Subd. 2. Acqhisiti°n; procedure. In further~nc~ of the public policy declared ....
subdivision'l, the governing body of any City or town may acquire any hazardoUS
building, real estate on which any such building is located, or vacant or undeveloped
real estate by eminent domain in the manner provided by chapter 117.
History: 1974 c 341 s 3; 1976 c 2 s 140
463.16 REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION.
The governing body of any city or town may order the owner of any hazardous
building or. property within the municipality to correct or remove' the hazardous
condition of the building or property or to raze or remove the building.
History: 1965 c 393 s 2; 1973 c 123 art 5 s 7; 1989 c 328 art 6 s 7
463.161 ABATEMENT.
In the manner prescribed in section 463.21 the governing body of any city, or town
may correct or remove the hazardous condition of any hazardous building or property;,.
the cost of which shall be charged against the real estate as provided in s~ction 463.21
BUILDINGS; EASEMENTS, REGULATIONS, HAZARDS 463.20
body may provide that the cost so assessed may be paid in not' to
annual installments with interest therein, at eight percent per annum.
I974 c 34I s 2; 1989 c 328 art 6 s 8
ORDER-
1. Contents. The order shall' be in writing; recite the grounds therefor;
necessary repairs, if any, and provide a reasonable time for compliance; and
that a motion for summary enforcement of the order will be made to the
of the county in which the hazardous building or property is situated
action is taken, or unless an answer is filed within the time specified
463.18.
2. Service. The order shall be served upon the owner of record, or the
agent if an agent is in ~harge of the building or property, and upon the
tenant, if there is onel and upon all lien holders of record, in the manner
for service of a summons in a civil action. If the owner cannot be found, the
.Shall be served upon the owner by posting it at the main entrance to the building
there is no building, in a conspicuous place on the property, and by four weeks'
in the official newspaper of the municipality if it has one, otherwise in a
japer in the county.
3. Filing. A copy of the order with proof of service shall be filed with the
'administrator of district court of the county in which the hazardous building or
is located not less than five days prior to the filing of a motion pursuant to
.19 to enforce the order.' At the time of filing such order the municipality
for record with the county recorder or registrar of titles a notice'of the
of the proceeding, describing with reasonable certainty the lands affected and
of the order. If the proceeding be abandoned the municipality shall within
thereafter file with the' county recorder a notice to that effect. -
History: I965 c 393 s 31' 1976 c 181 s 2; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c
·
art 6 s 9 '
· : ~
-SWithin 20 days from th~ date of service, any person ·upon whom the order is
may serve an answer in the manner provided for the service of an answer in a
specifically denying such facts in the order as are in dispute.
ltistory: 1965 c 393 s 4
DEFAULT CASES. . ~
:ff no answer is served, the governing body may move the court for the enf0rce-
inent of the order. If such a motion is made the court may, upon the presentation of
evidence as it may require, affirm or modify the order and enter judgment
fixing a time after which the governing body may proceed with the
i"~nforcement of the order. The court administrator shall cause a copy of the judgment
{o be mailed forthwith to persons upon whom the original order was served.
~i':. ltistory: 1965 c 393 s 5; 1Sp1986 c 3 art ] s 82
::~~.20 CONTESTED CASES.
~' ' filed and served as provided in section 463.18, further proceedings
i~.[~ ...If an answer ~s - · he District Courts,
"in-the action shall be governed by' the Rules of C~wl Procedure for t
except that the action has priority over all pending civil actions and shall be tried
forthwith. If the order is sustained following the trial, the court shall enter judgment
and shall fix a time after which the building must be destroyed or repaired or the
hazardous condition removed or corrected, as the case may be, in compliance with the
order as originally filed or modified by the court. If the order is not sustained, it shall
be annulled and set aside. The court administrator of the court shall cause a copy of
463.2O
BUILDINGS; EASEMENTS, REGULATIONS, ~HAZARDS
the judgment to be mailed forthwith to the persons upon whom the original
served.
History: 1965 c 393 s 6; 1Sp1986 c 3 art Z. s 82; 1989 c 328 art 6 s 10
:,~
463.21 ENFORCEMENT OF JUDGMENT.
If a judgment is not complied with in the t/me prescribed, the governing
cause the .building to be repaired, razed, or .removed or .the hazardous con(
removed or corrected as seI forth in the judgment, or acquire the building, if
real estate on which the building or hazardous condition is located by eminent
as proxsded in section 463.152. The-cost of the repairs, razing, correction, or
maY be: a hen against the real estate on which the building is located or the
condition exists, or recovered by obtaining a judgment against the owner of tl~'
estate oh'-which the building is located or the hazardous condition exists. A lien
levied and collected only as a 'special assessment in the manner provided by
'Statutes 1961, sections 429.061 to ~429.081, but the assessment is payable in
installment. When the building is razed or removed by'the municipality, the
body ma3; Sell the salvage and valuable materials at pubhc auction upon
)osted notice.
History: 1965 c 393s 7; 1974 c 341 s 4; 1989 c 328 'art3 s 3
463.22 STATEMEN~I' OF MONEYS RECEIVED.
The .muniCipality Shall keep an accurfite account of the expenses incun.~
carrying 0.~_t-~e ~i'der and of all other expenses theretofore incurred in connection ~
its enforcement, including SpecificallY,' but not exclUsiVely, fihng fees, service':!~
'pUblication fees, attorney's.fees, appraisers' .fees, witness' l?ees, including expert witni~
fees, and traveling eXpenses incurred by the municiPality'.from the time the order
originallY made, and shall credit thereon the amount, ff any, received from the sale:i:
the salvage, or building or-struCtureI and shall report its' action under the order, with";
statement of moneys received: and expenses inCUrred to the court for approval ~
allowance. Thereupon the court shall examine, correct, if necessary, and allow
expense account, and; if the mount received from the sale of the salvage, or of th
building or structure, does not equal or exceed the amount of expenses as allowed, ~
.court shall by its judgment certify .the deficiency in the amount so allowed to th
municipal clerk for collection. The owner or other party in interest shall pay the sam
without penalty added thereon, and in default of payment by October 1, the clerk sba
certify the amount of the expense to the county auditor for entry on the tax lists of th
county as a special charge against the real estate on which the building or hazardot
condition is or was situated and the same shall be collected in the same manner..'
other 'taxes and the amount so collected shall be paid into the municipal treasury. If tl
~rtouut received for the Sale of the-salvage or. of the building or structure exceeds tt
expense-incurred :~by"'the municipality as allowed by the Court, and if there are
,delinquent t~es, 'the eourt shall direct the payrnent of the surplus to the owner or tl
pa~vment of the-same into court, as provided in sections 463.15 to 463.26. If there a:
· delinquent taxes-against the property, the court shall direct the payment of the surpl
to the county treasurer to be applied on such taxes.
History: 1965 c 393 s 8; ]974 c 329 s 1; 1989 c 328 art 6 s 11
46323 PAYMENT, TENDER, DEPOSIT IN COURT.
~The net proceeds of ;a sale under section 463.21 or section 463.24 shall be paid
':Persons designated in the. judgment in the proportions as their interests shall appe
. therein: Acceptance of such payment-shall be taken as a waiver of all objections to
payment and to the proceedi_'ngs leading, thereto on the part of the payee and of
persons for whom the payee, is lawfully empowered to act. In case any party to whon
payment of damages is made be not a resident.of the state, or the place of residence
.unknown, or the party be an infant or other person under legal disability, or, bei
legally capable, refuses .to accept payment, or if for any reason it be doubtful to
BUILDINGS; EASEMENTS. REGULATIONS, HAZARDS 463.251
should be paid. the municipality may pay the same to the clerk, ro be paid
direction of the court; and, unless an appeal be taken such deposit with
be deemed a payment of the award.
1965 c 393 s 9:1986 c 444
oNAL pROPERTY OR FIXTURES.
ordered razed, removed, or made safe and sanitary, by repairs
property or fixtures which will unreasonably interfere with the razing,
~air of such building, or if the razing' or removal of the building makes
r or fixtures, the original order of the
the removal of such personal prope.ty . , ..... .~-, or fixtures within a
may direct the removal of suct~ personat ptu}J~.~ ~j
If the property or fixtures are not removed by the time specified, and
body subsequently desires to enforce a iudgment under sections 463.15 to
it may sell the same at public auction as provided in section 463.21, or if
appreciable value, the governing body may destroy the same.
.,
story: 1965 c 393 s 10
BAZARDOU S EXCAVATION S.
in any city, an excavation for building purposes is left open for more .than six
without proceeding with the erection of a building thereon, whether or not
or if any excavation or basement is not filled to grade or otherwise
after a building is destroyed, demolished or removed, the governing body
filled or protected or in the alternative that erection of
Order such excavation to b.e~ _.. . ' Or building purposes. The order sh,,a{l~ ~b~e
begin forthwith if thc ~cavaUon is. f . _A_:~.~ h,~ ~ 'on ,~o~.x,..
upon the owner or the owner's agent m me manner prowu,.,~ .-; _ectx ~s
owner of the land fails to comply with the order within 15 days after the order
the governing body shall cause the excavation to be filled to grade or protected
the cost shall be charged against the real estate as provided in section 463.21.
1965 c 393 s 11; 1973 c 123 art 5 s 7; 1986 c 444
SECURING VACANT BUILDINGS.
,division 1. Definitions. The following terms have the meanings given them for
i p,?,,o, ses of this section.
la) City" means a statutory or home rule charter city.
(b) ,,Neighborhood association" means an organization recognized by the city as
i a neighborhood within the city. · -
talhng locks, repairing windows
'"': (c) "Secure" ..may m.clude, but ~s not limited .to. ms~ installing
doors, boarding windows and doors, posting ,,no-trespassing" signs,
lighting or motion-detecting lights, fencing the property, and installing a
monitored alarm or other security ~ystem. . . · and
· · · mldme becomes vacant or unoccupied
~. Subd 2 Order; notice. If )n afiy_ cl,ty ~a.b~'~ ,.,,;fii~o ' oven to trespass a.nd.has not
'i~ deeme~ ~azardous due to me tact mar m~, ....... ~,~s .aSeu~eUnnnogt cteheofbt~}d~,ertht~
red and the building could be maden~afs~abllYc i
secu. , __n~ th~ building secured a ......... '~ ~oent, the taxpayer
-~e~eming ooay may oruc~ ?.. ~ ~, .~,, ,,remises or me owns. o(~f~ the mortgage or
served upon the owner vi recoru m ~,~ v-
i identified in the property tax records for that parcel, the holder
,. d any neighborhood association for the neighborhood in which
~ sheriffs certificate, an c ~ ~ ~...;~ by delivenng or mailing a copy to the
the building is located that nas requesreu ~, ......~' by mail
owner or agent, the identified taxpayer, the holder of the mortgage or sheriffs
¢~ certificate, and the neighborhood association, at the last known address. Service
~-~: is compleie upon mailing, of the building fails to either
i~.: Subd. 3. Securing building by city; lien. If the owner
t':' comply or provide to the governing body a reasonable plan and schedule to comply
with an order issued under subdivision 2 within six days after the order is served, the
}!i'.. governing body shall cause the building to be properly secured and the cost of securing