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HomeMy WebLinkAbout05-18016200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 Resolution 05-180 RESOLUTION ALLOCATING FUNDS FROM THE 2005 CONTINGINCY TO PAY FOR REMOVEL OF RESIDENTIAL STRUCTURE AT 14730 CARRIAGE LANE. MOTION BY: Petersen SECOND BY: LeMair WHEREAS, WHEREAS, WHEREAS, WHEREAS, 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 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 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 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. 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 R:",,RESOL. U'Ti~PLANRES',,05-'I$0 cor~lingency rund~.o~i'l}gifai~l&~88in Phone 952.447.4230 / Fax 952.447.4245 WHEREAS, WHEREAS, Robed Hutchins, Prior Lake Building Official, has determined that in his judgment the structure constitutes a hazardous building. 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 7th day of November 2005. YES NO Fleming X Fleming Haugen X Haugen LeMair X LeMair Peterson X Peterson Zieska X Zieska (Seal) Frank Boyles, Cit~ R :~RESOLUT!',.PLANRESi05-180 continger~cy ?und to remove 14730 Carriage,doc