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RES 24-18
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RES 24-18
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Last modified
3/25/2024 3:20:21 PM
Creation date
3/19/2024 11:25:11 AM
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City Government
type
RES
date
3/18/2024
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elements display visual damage, deterioration, and warping of the roof and roof <br />framing in violation of Property Maintenance Code § 304.1.1. There are large holes <br />in the walls and roof of the structure that constitute violations of Elk River City <br />Code 46-35(a). This deteriorated condition leaves the structural members unable to <br />sustain the design loads required, and there have been heavy loads of snow on top of <br />the compromised roof. These are hazardous conditions threatening the structural <br />integrity of the structure. <br />2. The inadequate maintenance of the Subject Property has allowed for damage to the <br />structure of the building, allowing for the infiltration of water into the building that <br />create damp and unsanitary conditions. There is visible water damage to the exterior <br />of the Subject Property. The unoccupied building has not been secured, in violation <br />of Minnesota State Fire Code § 311.1. These are substantial public safety concerns <br />and indicate that the Subject Property is a hazardous building within the meaning of <br />Minn. Stat. § 463.15, subd. 3. <br />3. The Subject Property constitutes a threat to the health and safety of the public due to <br />the risk of fire. The dilapidated, damaged, and deteriorated structure renders the <br />building structurally unsound. The structural instability of the Subject Property and <br />its roof renders the Subject Property unsafe for firefighting crews. If the Subject <br />Property caught fire, the Elk River Fire Department would be forced to allow it to <br />burn and instead focus their efforts on the surrounding properties only. This is a <br />substantial public safety concern and indicates that the Subject Property is hazardous <br />within the meaning of Minn. Stat. § 463.15, subd. 3. <br />Pursuant to the foregoing, in accordance with Minn. Stat. § 463.17, unless the hazardous <br />conditions listed above are removed within thirty (30) days of the date of this Order, the City <br />shall cause the hazardous conditions on the Subject Property to be removed. The removal of the <br />above -reference hazardous conditions may include, if reasonably necessary, the demolition of the <br />hazardous structure on the Subject Property. <br />If you fail to remedy the hazardous conditions, the City will seek permission from the <br />District Court for the City to do so. The City will move the District Court for summary enforcement <br />of this Order pursuant to Minn. Stat. § 463.19 unless you remedy the situation within said thirty <br />(30) day period or unless an answer is filed within twenty (20) days of service of this Order upon <br />you pursuant to Minn. Stat. § 463.18. Any answer filed must specifically deny sufficient facts <br />presented in this Order to raise a material question as to the presence or absence of hazardous <br />229839v2 <br />
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