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HomeMy WebLinkAbout5E - 14730 Carraige Lane 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA#: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: FISCAL IMPACT: CITY COUNCIL AGENDA REPORT NOVEMBER 7, 2005 5E ROBERT HUTCHINS, BUILDING OFFICIAL FRANK BOYLES, CITY MANAGER CONSIDER APPROVAL OF A RESOLUTION ALLOCATING FUNDS FROM THE 2005 CONTINGINCY TO PAY FOR REMOVEL OF RESIDENTIAL STRUCTURE AT 14730 CARRIAGE LANE. Historv: On December 12, 2004, Elbert and Jessica Greene, Sr.'s home at 14730 Carriage Lane sustained major structural damage due to a fire. The property is a two-story style house that was built in 1993. The legal description of the property is Lot 8, Block 2, of Carriage Hills First addition. On April 18, 2005 the City adopted a resolution ordering Elbert and Jessica Greene Sr. to raze, remove or repair their residential structure at 14730 Carriage Lane. The City attorney went to Scott County district court requesting a court order that the Greene's raze, remove or repair the structure and on October 13, 2005; the court authorized the City to carry out its Order to raze, remove or repair the property. Current Circumstances: The Greene's have removed the majority of the structure, the foundation and excavation remain. The foundation must be removed and the excavation filled and the site seeded for spring growth. Staff has obtained two bids to remove the remaining foundation, backfill and to seed the site. Final Grade submitted a low bid of $8,732.10; Lloyd Excavating Inc. for $13.400.00, subtracting $3,000.00 for compactable fill for a total of $10,400.00. Conclusion: Scott County District Court has granted the City's request to carry out its Order to raze, remove or repair the property. The Order must be carried out to secure the health and welfare of the city residents. The Building Inspection Department has not budgeted for the $8,732.10 cost of razing the remaining structure. The monies need to be allocated from the Cities 2005 Contingency Fund. The expense incurred by the City including the city attorney's costs and the costs of razing will be recovered through a special assessment against the Greene property that will be collected in the 2006 property taxes. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 ALTERNATIVES: The City Council has two alternatives: 1. Allocate $8,732.10 from the 2005 Contingency Fund to pay low bidder Final Grade to remove the remaining foundation, backfill and to seed the site at 14730 Carriage Lane. 2. Table this agenda item for a specific reason. RECOMMENDED MOTION: The staff recommends alternative #1. REVIEWED BY: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 Resolution OS-XX RESOLUTION ALLOCATING FUNDS FROM THE 2005 CONTINGINCY TO PAY FOR REMOVEL OF RESIDENTIAL STRUCTURE AT 14730 CARRIAGE LANE. MOTION BY: SECOND BY: WHEREAS, for the protection of the public health, safety and welfare, Minnesota Statues, 2003 Minnesota State Building Code and Prior Lake City Code provide that buildings declared hazardous must be razed, removed or repaired and WHEREAS, 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 structural members; Garage - collapsed; Floor system - collapsed; Interior walls - collapsed; Roof - collapsed; General site - littered with rubble and debris and WHEREAS, Michael Peterson'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 WHEREAS, 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 · City Council asked to adopt resolution to compel razing, removal or repairing of structure - April 18, 2005 and · Scott County District Court has granted the City's request to carry out its Order to raze, remove or repair the property. The Order must be carried out to secure the health and welfare of the city residents. 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 www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 WHEREAS, Robert Hutchins, Prior Lake Building Official, has determined that in his judgment the structure constitutes a hazardous building. WHEREAS, the Building Inspection Department has not budgeted for the $8,732.10 cost of razing the remaining structure. WHEREAS, the monies need to be allocated from the Cities 2005 Contingency Fund. WHERAS, the expense incurred by the City including the city attorney's costs and the costs of razing will be recovered through a special assessment against the Greene property that will be collected in the 2006 property taxes. 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 was 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 were hereby ordered to raze, remove or repair the residential structure at 14730 Carriage Lane by 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. Scott County District Court has granted the City's request to carry out it's Order to raze, remove or repair the property on October 13, 2005, said Order is incorporated by reference as if fully set forth herein. 5. Exhibit A consists of two pictures taken on September 12, 2005 of the structure at 14730 Carriage Lane. The pictures depict the hazardous condition of the structure. Exhibit A is incorporated by reference herein. 6. The Building Inspection Department has not budgeted for the $8,732.10 cost of razing the remaining structure. The monies need to be allocated from the Cities 2005 Contingency Fund. 7. The expense incurred by the City including the city attorney's costs and the costs of razing will be recovered through a special assessment against the Greene property that will be collected in the 2006 property taxes. Passed and adopted this ih day of November 2005. YES NO Fleminq Flemina Hauaen Hauaen LeMair LeMair Petersen Petersen Zieska Zieska (Seal) Frank Boyles, City Manager _____._. _....'...<0.~.___,~...".,.~.,.".,.,,~,"~...'~.m__..~._"'<<,,'___,---<f'-~-~----~-'--~---"'-'-'._---'~-------~-~"--'-'-~""-'__.~..A____ 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 nonbearing 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. 14730 Carriage Greene www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 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 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: RJ05.1 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 RJ06.1 Toilet facilities. Every dwelling unit shall be provided with a water closet, lavatory and a bathtub or shower. ~ IRC RJ09.2 Garages and carports. The garage shall be separated from the residence and its attic area by not less than ~"-inch gypsum board applied to the garage side. ~ MSBC 1309.0314 SECTION RJ14, STAIRWAYS. IRC Section R314 is amended to read as follows: RJ14.1 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. 14730 Carriage Greene ~ 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 carrier, 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 carrier 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. Sincerely, Michael Peterson, Building Inspector/Code Official cc: Suesan Lea Pace, City Attorney Frank Boyles, City Manager Robert D. Hutchins, Building Official 14730 Carriage Greene ^.--,....-..."""--_..-'--_.__.,_.,.~......,---~~"..._....---r-----_.~-_o......~~..._~-,._,-",..,_...~-~~._~-_._~.,..,.._.._,._~-~-.....-~-"-.~,~.....~.