RES 24-18 - Laserfiche WebLink

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b. The Subject Property, which is located in Elk River, Sherburne County, constitutes a health and safety hazard within the meaning of Minnesota Chapter 463. Specifically, the Subject Property has been inadequately maintained and contains conditions and dilapidation that constitute a fire hazard and a hazard to public safety or health. Minn. Stat. § 463.15, subd. 3. c. The Subject Property contains a residential structure that is inadequately maintained, dilapidated, and deteriorated in violation of Minnesota State Building Code § 1300.0180. The Subject Property is no longer weather resistant and is open to the elements in violation of Property Maintenance Code § 304.2. These structural elements display visual damage, deterioration, and warping of the roof and roof framing in violation of Property Maintenance Code § 304.1.1. There are large holes in the walls and roof of the structure that constitute violations of Elk River City Code 46-35(a). This deteriorated condition leaves the structural members unable to sustain the design loads required, and there have been heavy loads of snow on top of the compromised roof. These are hazardous conditions threatening the structural integrity of the structure. d. The inadequate maintenance of the Subject Property has allowed for damage to the structure of the building, allowing for the infiltration of water into the building that create damp and unsanitary conditions. There is visible water damage to the exterior of the Subject Property. The unoccupied building has not been secured, in violation of Minnesota State Fire Code § 311.1. These are substantial public safety concerns and indicate that the Subject Property is a hazardous building within the meaning of Minn. Stat. § 463.15, subd. 3. e. The Subject Property constitutes a threat to the health and safety of the public due to the risk of fire. The dilapidated, damaged, and deteriorated structure renders the building structurally unsound. The structural instability of the Subject Property and its roof renders the Subject Property unsafe for firefighting crews. If the Subject Property caught fire, the Elk River Fire Department would be forced to allow it to burn and instead focus their efforts on the surrounding properties only. This is a substantial public safety concern and indicates that the Subject Property is hazardous within the meaning of Minn. Stat. § 463.15, subd. 3. 3. Pursuant to Minnesota Statutes § 463.16 et seq., the City hereby adopts and approves the Order for Repair and Removal of Hazardous Conditions attached hereto as Exhibit D. 4. The City's legal counsel, Campbell Knutson, P.A., 860 Blue Gentian Road, Suite 290, Eagan, Minnesota 5 512 1, is directed to serve the Order for Repair and Removal of Hazardous Conditions and to proceed with enforcement in accordance with Minn. Stat. § 463.15 et seq. 229838v2 2