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6.2. SR 05-16-2011
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6.2. SR 05-16-2011
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REQUEST FOR ACTION <br />TO ITEM NUMBER <br />Ci Council 6.2. <br />AGENDA SECTION MEETING DATE PREPARED BY <br />Communi Develo ment Ma 16, 2011 erem Barnhart, Plannin Mana er <br />ITEM DESCRIPTION REVIEWED By <br />Request by Eagles Lodge for City Assistance to Abate Nuisance <br />at PID 75-405-0940 REVIEWED BY <br />ACTION REQUESTED <br />Approval to begin the formal process to abate the nuisances by demolition found at 75-405-0940 and <br />assess costs to the property owner (Eagles Lodge). <br />BACKGROUND/DISCUSSION <br />The former auto parts store at 4t'' and King has been in a state of decay for a number of years. <br />Specifically, the roof is caving in, causing internal decay of structural components. Previous owners of <br />the property contaminated the soil. These issues have resulted in the following violations of City <br />Ordinances: <br />1. Sec 46-31, (1) [defines a public nuisance, a misdemeanor]: Maintains or permits a condition <br />which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or <br />repose of any considerable number of members of the public. <br />2. Sec 46-35: Buildings or structures which endanger public health, safety or property (subpart <br />3); dilapidated condition or decay. <br />3. Sec.108.1.1 (International Property Maintenance Code): Unsafe Structures. An unsafe <br />structure is one that is found to be dangerous to the life, health, property, or safety of the <br />public or the occupants of the structure by not providing minimum safeguards to protect or <br />warn occupants in the event of fire, or because such structures contains unsafe equipment or <br />is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or <br />unstable foundation, that partial or complete collapse is possible. <br />City staff has received a petition for "The Removal of Hazardous Building and Consent to Assessment of <br />the Costs Therefor," signed by Gregory Olson, Chairman of the Trustee's, to abate the nuisances. A <br />process similar to that employed during the former bowling alley demolition will be used, and includes <br />the following steps: <br />1. Complete Owners and Encumbrances (O&E) report. An O & E report will verify that Elk <br />River Aerie #3264 Fraternal Order of Eagles is the owner of the property and is the correct <br />name. It will verify that there are no liens against the property. It will verify that there is not <br />another operating entity of the Eagles or otherwise occupying or using the property. The <br />petition states that there are no tenants on the property. Statute requires execution by <br />owners, lienholders, and tenants. Because the petition includes Greg Olson's name, we will <br />n:\public bodies\ciry council\council rca\agenda packet\OS-16-2011\done\request for action council demo 5-16-11.docx <br />
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