HomeMy WebLinkAbout05-7316200 Eagle Creek Avenue $.E.
Prior Lake, MN 55372-1714
RESOLUTION 05-73
A RESOLUTION DECLARING A HAZARDOUS BUILDING PURSUANT TO MINNESOTA
STATUTES, 2000 INTERNATIONAL RESIDENTIAL CODE AND CITY CODE FOR A
PROPERTY OWNED BY ELBERT AND JESSICA GREENE SR. AT 14730 CARRIAGE LANE
AND ORDERING THE BUILDING TO BE REPAIRED, RAZED OR REMOVED.
MOTION BY: Petersen
SECOND BY: LeMair
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
for the protection of the public health, safety and welfare, Minnesota Statues, 2000
International Residential Code and Prior Lake City Code provide that buildings
declared hazardous must be razed, removed or repaired; and
on December 12, 2004, the residential structure at 14730 Carriage Lane sustained
damages caused by fire making the house uninhabitable, to wit: North wall -
deflects laterally due to nonexistent roof and lack of support with second floor
destroyed by fire; South wall- first and second floor exterior, walls charred
structural members; East wall - first and second floor charred structural members;
West wall - first and second floor charred struqmral members; Garage - collapsed;
Floor system - collapsed; Interior walls - collapsed; Roof- collapsed; General
site - littered with rubble and debris; and
Robert Hutchins's letter to Mr. and Mrs. Greene dated February 23, 2005 is
incorporated therein and made part of this resolution as if it was fully set forth
herein; and
the Minnesota State Fire Marshal and West Bend Mutual Insurance Company have
confirmed with the City that they have concluded their fire investigation as to the
cause of the fire and such reports have been provided to the Greene's; and
the City has provided the Greene's with sufficient opportunity to raze, remove or
repair the structure including the following chronology:
· First letter - February 23, 2005 requiring action by March 25, 2005
· Greene's request and extension - March 22, 2005
· Extension granted to April 11, 2005 for private investigation
· Greene confirms no private investigation underway- April 5, 2005
R:\RESOLUTIkPLANRES\05-73 raze building ~ 14730 Cam~~Drjorlake. com
Phone 952.447.4230 / Fax 952.447.4245
WHEREAS,
WHEREAS,
· City Council asked to adopt resolution to compel'repair, razing or removal
of structure - April 18, 2005; and
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 2000
International Residential Code and the Prior Lake City Code. The Mayor and City Council order
Elbert and Jessica Greene Sr. to repair, rehabilitate or remove their residential structure at 14730
Carriage Lane.
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 Robert Hutchins, the City Building 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 mXManager 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 three (3) days the
city attorney is authorized to file any and all actions with the courts to enact 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 18th day of April 2005.
YES NO
Fleming X Fleming
Haugen X Haugen
LeMair X LeMair
Peterson X Peterson
Zieska X Zieska
(Seal)
Frank Boyle ,ts~it3fManager
R:LRESOLUT15PLANRES\05-73 raze building @ 14730 Carr/age (Greene).DOC