CR 91-211 Appeal HearingSeptember 23, 1991 Council Report CR91-211
APPEAL HEARING
Proposed Action.
Staff recommends approval of the following motion: Adopt
resolution No. 91 -119 denying Mr. Ochs appeal under Section
450 of the City Code and ordering Mr. Ochs to comply with the
orders issued to him on July 2 1991.
Mr. Ochs has requested this hearing in accordance with his
right to appeal orders issued under the "Manufactured Home
Parks" ordinance section 450.19.
Overview.
End of June 1991, inspections personnel observed a
manufactured home at 2012 Mainstreet, lot #528 with a large
bulge in one wall. An inspection revealed one wall of the
living room was not plumb due to probable damage to the
interior structure of that wall.
Repair orders were written to Mr. Ochs in July 1991, under
the authority of the City Code Chapter 400. The orders
required that the necessary repairs be made to the wall by
September 1, 1991, and an appeals notification was included.
Permits and inspections are required for this work and none
have been requested or issued.
Mr. Ochs has exercised his right of appeal under chapter 400
of the city code and has requested a hearing.
Supporting Information.
o History
o Alternatives
o Resolution
o Letter to Mr. Ochs
o Letter to Pat Graham from Mr. Ochs
History.
CR91 -211
Page 2
In July of 1991 during routine rounds at the Pines Trailer
Park, damage was observed on the "West" wall (living room
wall of the unit parked at lot #528). Permission to do an
inspection was requested and granted by Mr. Ochs and it
revealed a" bulge" in the exterior wall . This "bulge"
starts at the floor and ceiling in the area of the window
and extends 8 -10 inches outward. The apex of this "bulge" is
at the lower level of the window and is apparent both on the
exterior and the interior of the structure. Investigation by
pressing on the exterior of the wall decreases the size of
the "bulge" but it returns as soon as the pressure is
released. The "bulge" extends the full length of the windows
approximately 5 feet. It is very apparent that some sort of
structural failure has occurred to the wall of the home.
This failure is a violation of section 450.17 of the Cities
Manufactured Home Park Code and must be abated The staff
has concerns that the structural failure may constitute a
safety hazard to the occupants of the dwelling if the
failure is not corrected by the snow season.
Mr. Ochs's position is that a mobile home is not a
structural building and that it won't collapse. He feels the
buckle is not structural but rather superficial and wishes
to correct it in his own time.
Alternatives
1. Approve the Resolution and order Mr. Ochs to repair
the structure.
Deny the appeal but direct staff to re -draft the
Resolution granting Mr. Ochs additional time to
comply.
3. Grant the appeal to allow Mr. Ochs to repair the
home in his own time.
Hennepin County, Minnesota
RESOLUTION NO 91 -119
RESOLUTION TO DENY THE APPEAL OF MR. OCHS TO THE BUILDING
DEPARTMENT ORDERS
WHEREAS, an inspection was conducte• toward the end of June,
1991, by the Hopkins Building In- sector, Pat Graham at
2012 Mainstreet, Unit #528, and
WHEREAS, as a result of the inspecti• , nspector Graham
found the property to have a stru ural defect, and
WHEREAS, order were written on my 2, 1991 to Mr. Ochs
requiring him to _•air sal damage, and
ATTEST:
WHEREAS, under section
Ochs has ap•ealed
CITY OF HOPKINS
James A. Genellie, City Clerk
f the Hopkins City Code, Mr
orders, and
WHEREAS, the Hopki s City Council conducted a public
hearing,regard.ng this matter on October 1, 1991, and
NOW THEREFORE BE T RESOLVED, by the City Council of the
City of Hopkin t at the City Council finds the
condition of the subject property to require repair,
and that the City Council orders Mr. Ochs to abate said
problem by December 1, 1991 and that if said problem is
not corrected by December 1, 1991, the City of Hopkins
will make the necessary repairs or remove said
property from 2012 Mainstreet.
Adopted by the. City. Council of the City of Hopkins this
1st day of October, 1991.
Nelson W. Berg, Mayor
July 2, 1991
Mr. Dennis Ochs
2012 Mainstreet Unit 528
Hopkins, MN 55343
Dear Mr. Ochs:
C I T Y O F H O P K I N S
As a result of a recent inspection with your knowledge and approval
Inspections Department has determined the sidewall west side ,
your unit, #528, has structural damage. The wall appears to ha e ide of
failed. As a result of that failure, repairs must be made. have
You are hereby ordered under chapter 400 of the Hopkins
make repairs as necessary to restore the sidewall of of ri a Code manufactured ur ome and to secure permits and have inspections during that proc
is work must be completed by September. 1, 1991. Yo process. no .
to repair the aforementioned and remove the home from the ca t t
the same time frame. If you choose to appeal this decision, r withi n
so in writing to the Building Official, City of Hopkins by August may t.
Please feel free to contact me if you have any gust 1st.
y questions.
Sincerely,
1
Pat Graham
Building Inspector /Housing Specialist
1010 First Street South, Hopkins, Minnesota 55343 612/935 -8474
An Equal Opportunity Employer
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