00-08City of Otsego
County of Wright
State of Minnesota
RESOLUTION APPROVING AN ORDER
FOR ABATEMENT OF A HAZARDOUS BUILDING
PURSUANT TO MINNESOTA STATUTES CHAPTER 463.
Resolution No. 2000-08
WHEREAS, the City building inspector has determined that the premises located
in the City of Otsego at 7953 Ochoa Avenue Northeast and legally described in the Order
attached to this resolution, contains a mobile home that is a hazardous building within the
meaning of Minnesota Statutes §463.15 subdivision 3; and
WHEREAS, because of inadequate maintenance, dilapidation and the mobile
home's poor physical condition and structural integrity, the building is beyond repair, and
WHEREAS, the aforementioned mobile home is a non -conforming use under the
City's zoning ordinance and, therefore, may not be repaired or renovated; and
WHEREAS, the above -referenced premises endangers the public health, safety
and welfare and, further, it is in the public's best interest that said premises be razed and
all debris removed from the property.
NOW THEREFORE BE IT RESOLVED by the Otsego City Council as
follows:
1. The attached Order for removal of the above -referenced hazardous building is
hereby adopted and its findings, terms and conditions are incorporated herein by
reference.
2. The City Clerk, Building Inspector and other City Officials, in cooperation with
the City Attorney, are authorized and directed to prepare, sign and serve
documents, or cause the same to occur, and take such other actions as are
necessary to enforce the terms and conditions of the attached Order.
The foregoing resolution was duly adopted the 22N&y of May , 2000 by the
Otsean Citv Council -
City of Otsego
County of Wright
State of Minnesota
FINDINGS AND ORDER
In the Matter of Hazardous Real Estate located in the City of Otsego, Wright
County, Minnesota, legally described as follows:
Lot 17, Block 1, Walesch Estates Second Addition, Wright County, Minnesota.
To: Ms. Jane Gardner and all others claiming any right, title or interest in the above-
described real property:
1. Pursuant to Minnesota Statutes §463.15 et seg., the Otsego City Council,
having duly considered the matter, finds the above-described property, located at 7953
Ochoa Avenue in the City of Otsego, to contain a hazardous building for the following
reasons:
a. Various alterations to the structure, plumbing, and electrical system have been done
without permit.
b. The structure has sustained heavy damage due to water leakage, which causes the
ceiling to sag, and has rotted areas of the eaves, windows and sills.
c. The structure is generally in disrepair, dilapidated and damaged to such extent that the
repairs necessary to make the structure habitable far exceed its value.
d. The structure is generally unsafe and unfit for human habitation. Many of the
necessary repairs to make it habitable are not permitted under City Ordinance.
e. A "lean-to" attached to the mobile home is also in dilapidated and dangerous condition.
f. An additional structure or shed located on the property is in similar dilapidated and
dangerous condition.
e. Photographs of the exterior and interior of the structure attest to its general dilapidated
and unsafe conditions.
f. The structure is in violation of numerous sections of the Minnesota Rules related to
Manufactured Homes, Plumbing Code, Mechanical Code as well as the State Building
Code.
The attached Memorandum of Jerry Olson, Otsego Building Inspector and photographs
are herein incorporated by reference into this Findings and Order.
2. Pursuant to the foregoing findings and in accordance with Minnesota Statutes
§463.15 through §463.261, the City Council hereby orders the record owners of the
above-described hazardous building to take the following actions, or cause the same to
occur:
a. raze and remove the building, lean-to, and shed within 60 days of service of this
Order.
b. cause any resulting excavation to be filled to grade within said period.
c. obtain all necessary demolition or other permits as may be required by state agencies or
local units of government prior to performing the work required hereunder.
d. cap all wells, as may be required, in accordance with state or local laws and
regulations.
e. remove or collapse any septic system, as may be required, in accordance with state or
local laws and regulations.
f. comply with all applicable state and local laws and regulations in performing the work
as required hereunder.
The City Council further orders that all personal property or fixtures shall be removed
from the building within 60 days of service of this Order and, if not so removed, the City
of Otsego may remove and sell such personal property or fixtures at public auction as
required by law.
3. The City Council fiuther orders that unless the above -listed actions are taken or
an answer is served upon the City of Otsego and filed with the Office of the Clerk of
Court of District Court of Wright County within twenty (20) days from the date of
service of this Order, a motion for summary enforcement of this Order will be made to
the District Court of Wright County.
4. The City Council finther orders that if the City if compelled to take any
corrective action as herein provided, all necessary and allowable costs expended by the
N
City may be assessed or become a lien against the above-described real property and be
collected as provided by law.
Go5. The Mayor, City Clerk, City Attorney and other officers, agents and employees
of the City are authorized and directed to take such action, prepare, sign, and serve such
papers as are necessary to enforce this Order and to collect the costs thereof, or seek such
other relief, in any manner as may be provided by law.
Adopted by the Otsego City Council this 22 day of May , 2000.
I Iq
1
, I - �C?_' � —Z Wnt, e_1 � � —
ayor . ARRY FOURNIER
IVA