Correspondence - 2254 Lilac Road - 11/22/1983TO: Spring Park Council
FROM: Thomas J. Jacobs, Building Official
DATE: November 22, 1983
SUBJECT: 2254 Lilac Road - Garage in Dilapidated Condition
I have been requested to look at a garage at the above subject property
to determine if it is a hazardous building..
The definition of Hazardous.Building, per State Statute 463.15:
Subd. 3.. Hazardous Building. "Hazardous building" means
any building which because of inadequate maintenance, dilapidation,
physical damage, unsanitary condition, or abandonment, constitutes
a fire hazard or a hazard to public safety or health.
An inspection conducted November 18, 1983, revealed that the structure
is a hazardous building for the following reasons:
1. Roof shingles in very bad condition
2. Roof sags in middle on north side of structure
3. Some siding missing
.4. Wood rotting at bottom of building
I did not enter the building because it was locked up. If your wish
is to condemn the building, the following must be done:
1. Reinspect building and post as hazardous building
2. Write letter to owner notifying him that the building,is in disrepair
and must be repaired or removed, or hazardous building action will
be taken
3. Write second notice
4. Resolution to Council on hazardous building for your approval
5. Send copy of hazardous building resolution to owner and City Attorney
City Attorney must follow through from there. At anytime, the owner
may remove or by permit repair the structure.
If you have any questions, please contact me at my office, 473-7357.
Mayor
Jerome P. Rockvam
471.9515
Councllmembers
Ellie Heller
471-8304
Don DIII
471-9311
Ron Kraemer
471.7339
Carl Widmer
471.9429
Otq ot spntoy dank
P. O. BOX 452, SPRING PARK, MINNESOTA 55384 a Phone: 471.9051 a ON LAKE MINNETONKA
December 12, 1983
Mr. Bruno Burak
Route 1
Battle Lake, MN 56515
RE- Dilapidated Structure - 2254 Lilac Road
Dear Mr. Burak:
The Spring Park City Council requested that your structure
at the above address be inspected by the building inspector
to determine if it is a hazardous structure to public health
and safety.
MN Statute 463.15 reads: "Subd. 3 Hazardous Building means
any building which because of inadequate maintenance, dilap-
idation, physical damage, unsanitary condition, or abandonment,
constitutes a fire hazard or a hazard to public safety & health."
On November 18, 1983, the building inspector viewed the premises
and found:
1. Roof shingles in very bad condition.
2. Roof sags in middle on north side.
3. Some siding missing.
4. Wood rotting at bottom of building.
5. Premises is unoccupied - used for storage purposes.
This is to notify you that your structure is in a state of
disrepair and must be either repaired or removed.
The City Council would appreciate a response from you re-
garding your intention on this structure, whether to repair or
remove same. Either action would require a building permit.
Mr. Bruno Burak
December 12, 1983
Page 2
The Council determined that if a response is not received
from you stating your intention, within 30 days (by Jan.
15, 1984) further action may be taken to alleviate the
hazard.
Yours very truly,
Pat
ricia_"Osmonson
Administrator/Clerk/Treasurer.
PO/ph
•
TO:
FROM:
DATE:
SUBJECT:
Spring Park Council
Thomas J. Jacobs, Building Official
November 22, 1983
2254 Lilac Road - Garage in Dilapidated Condition
I have been requested to look at a garage at the above subject property
to determine if it is a hazardous building.
The definition of Hazardous Building, per State Statute 463.15:
Subd. 3. Hazardous Building. "Hazardous building" means
any building which because of inadequate maintenance, dilapidation,
physical damage, unsanitary condition, or abandonment, constitutes
afire hazard or a hazard to public safety or health.
An inspection conducted November 18, 1983, revealed that the structure
is a hazardous building for the following reasons:
1. Roof shingles in very bad condition
2. Roof sags in middle on north side of structure
3. Some siding missing
4. Wood rotting at bottom of building
I did not enter the building because it was locked up. If your wish
is to condemn the building, the following must be done:
1. Reinspect building and post as hazardous building
2. Write letter to owner notifying him that the building is in disrepair
and must be repaired or removed, or hazardous building action will
be taken
3. Write second notice
4. Resolution to Council on hazardous building for your approval
5. Send copy of hazardous building resolution to owner and City Attorney
City Attorney must follow through from there. At anytime, the owner
may remove or by permit repair the structure.
If you have any questions, please contact me at my office, 473-7357.
I
qv
r
Mayor
Jerome P. Rockvam
471-9515
City ot spvRg Tank
P. O. BOX 452, SPRING PARK, MINNESOTA 55384 • Phone: 471-9051 • ON LAKE MINNETONKA
December 19, 1984
Councilmembers
Ellie Heller
471.8304
Don Din Mr. Bruno Burak
471.9311 Route 1
Battle Lake, MN 56515
Ron Kraemer
471.7339 Re: Dilapidated Structure - 2254 Lilac Road
Carl Widmer
471-9429 Dear Mr. Burak:
On December 12, 1983 you received a letter
about the above subject property as to the
condition of the structure.
On January 13, 1984 your resonse to the letter
was that you felt the building needed repair and
that you would contact the Building Inspector.
On December 17, 1984 an inspection was conducted on the
above subject property which revealed that no progress has been
made to correct the unsafe condition of the structure.
Corrections are as follows:
1. Roof shingles in very bad condition.
2. Roof sags in middle on north side.
3. Some siding missing.
4. Wood rotting at bottom of building.
5. Premises is unoccupied - used for storage purposes.
6. Building is in a state of deterioration and
dilapidation, thus it is a saftey and health hazard.
Pursunt to Minnesota State Building Code/Uniform
Building Code, Section 203 (enclosed).
Therefore, this letter is being written to inform you that
the following corrections must be made by the dates given:
Mr. Bruno Burak
December 19, 1984
Page 2
1. Removal of all stored materials within 15 days.
Pursuant to:
VACANT BUILDINGS
Sec. 11.412. Every person owning or in charge or
control of any vacant building shall remove therefrom
all accumulations of flammable or combustible waste or
rubbish and shall securely lock,barricade or otherwise
secure all doors, windows and other openings thereof.
2. Building - remove or repair structure within30 days
pursuant to:
State statute 463.16 Hazardous Building - Demolition
permit required or building permit required for
repairs.
Your failure to make these corrections will leave no
alternative but to issue citations for the fire code violations
and initiate Hazardous Building action on the buildings.
If you have any questions, please contact me at 473-7357.
Sincerely,
Thomas J. Jacobs,
Building Official
cc: Melvin Kilbo, Police Chief
City of Spring Park
1982 EDITION 202-204
Such person shall discontinue the use within the time prescribed by the building
official after receipt of such notice to make the structure, or portion thereof,
comply with the requirements of this code.
(n Liability. The building official, or his authorized representative charged
with the enforcement of this code. acting in good faith and without malice in the
discharge of his duties, shall not thereby render himself personally liable for any
damage that may accrue to persons or property as a result of any act or by reason of
any act or omission in the discharge of his duties. Any suit brought against the
building official or employee because of such act or omission performed by him in
the enforcement of any provision of this code shall be defended by legal counsel
provided by this jurisdiction until final termination of such proceedings.
This code shall not be construed to relieve from or lessen the responsibility of
any person owning, operating or controlling any building or structure for any
damages to persons or property caused by defects, nor shall the code enforcement
agency or its parent jurisdiction be held as assuming any such liability by reason
of the inspections authorized by this code or any certificates of inspection issued
under this code.
(g) Cooperation of Other Officials and Officers. The building official may
request, and shall receive so far as is required in the discharge of his duties, the
assistance and cooperation of other officials of this jurisdiction.
Unsafe Buildings or Structures
Sec. 203. All buildings or structures regulated by this code which are struc-
turally unsafe or not provided with adequate egress, or which constitute a fire
hazard, or are otherwise dangerous to human life arc, for the purpose of this
section, unsafe. Any use of buildings or structures constituting a hazard to safety,
health or public welfare by reason of inadequate maintenance, dilapidation,
obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of
this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary
and other appendages or structural members which are supported by, attached to,
or a part of a building and which are in deteriorated condition or otherwise unable
to sustain the design loads which are specified in this code are hereby designated
as unsafe building appendages.
All such unsafe buildings, structures or appendages are hereby declared to be
public nuisances and shall be abated by repair, rehabilitation, demolition or
removal in accordance with the procedures set forth in the Dangerous Buildings
Code or such altemate procedures, as may have been or as may be adopted by this
jurisdiction. As an altemative, the building official, or other employee or official
of this jurisdiction as designated by the governing body, may institute any other
appropriate action to prevent, restrain, correct or abate the violation.
Board of Appeals
Sec. 204. In order to determine the suitability of alternate materials and
methods of construction and to provide for reasonable interpretations of this code,
there shall be and is hereby created a Board of Appeals consisting of members
who are qualified by experience and training to pass upon matters pertaining to
building construction. The building official shall be an ex officio member and
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CITY OF SPRING PARR
SPRING PARK, MINNESOTA
RESOLUTION NO.
A RESOLUTION ORDERING ABATEMENT OF
HAZARDOUS BUILDING ACTION AT 2254 LILAC DRIVE
WHEREAS, the City of Spring Park is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, Bruno Burak, Route 1, Battle Lake, Minnesota, is the
fee owner of record of property located at 2254 Lilac Drive, Spring
Park, Minnesota, herein referred to as "the Burak property", and
legally described as follows:
Subdivision of Lot 12, Skarp & Lindquist, Hazeldel Addition
Property Identification Number 17-117-23-33-0083
WHEREAS, the City Council of the City of Spring Park, having
duly considered the matter pursuant to Minnesota Statutes Sections
463.15 to 463.261, hereby finds that the above described Burak
property is unhabitable and contains unsanitary and hazardous
conditions which constitute a public nuisance and which makes this
property hazardous to the public health, safety and welfare based on
the following findings:
1. Roof shingles in very bad condition.
2. Roof sags in middle on north side.
3. Some siding missing.
4. Wood rotting at bottom of building.
5. Premises is unoccupied --used for storage purposes.
6. Building is in a state of deterioration and dilapidation,
thus it is a safety and health hazard pursuant to Minnesota
State Building Code/Uniform Building Code, Section 203.
7. Orders to removed the structure were issued by the
Building Official on December 12, 1983 and December 19, 1984.
These orders have not been complied with.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the City Council of the City of Spring Park, pursuant
to the foregoing findings and in accordance with Minnesota
Statutes Sections 463.15 to 463.261 hereby orders the
owner(s) of the Burak property to raze and remove the
structure on the property. The Council further orders that
all personal property or fixtures that may unreasonably
interfere with the razing be removed within twenty ( 20 ) days
of the service of this order or the City of Spring Park may
remove and sell such personal property or fixtures at a public
auction in accordance with the law.
Page 1 of 2
2. The City Council of the City of Spring Park further orders
that unless this corrective action is taken or an answer is
served upon the City of Spring Park and filed in the Office of
the Clerk of District Court of Hennepin County, Minnesota,
within twenty ( 20 ) days from the date of the service of this
order, a motion for summary enforcement of this order will be
made at District Court of Hennepin County.
3. That the City Council of the City of Spring Park further
orders that if the City is compelled to take corrective action
herein all necessary costs expended by the City will be
assessed against the real estate concerned and collected in
accordance with Minnesota Statute, Section 463.22.
4. That the City Council of the City of Spring Park hereby
authorizes and directs the Mayor, City Clerk, City Attorney,
and other officers and employees of the City to take such
action, prepare, sign and serve such papers as are necessary
to comply with this Order and to assess the cost thereof
against the real estate described above for collection along
with taxes.
Adopted by the City Council of the City of Spring Park,
Minnesota, this day of , 1985.
APPROVED:
MAYOR
ATTEST:
ADMINISTRATOR/CLERK/TREASURER
Page 2 of 2