1992-007
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RESOLUTION NO. 92-07
RESOLUTION DECLARING PROPERTY AT 702 SEVENTH AVENUE SOUTH A
HAZARDOUS BUILDING AND ORDERING REPAIR OR REMOVAL
WHEREAS, the Hopkins City Council, pursuant to the procedures
set forth in Minn. Stat. 463.15-463.26, has this day considered the
matter of the condition of a single family residence (hereinafter
referred to as the "Building") located at 702 Seventh Avenue South,
Hopkins (hereinafter referred to as the "Property"), and;
WHEREAS, the City Council finds that inspection by the Hopkins
Inspections Department of the property at 702 Seventh Avenue South
has revealed the following information:
1 .
In 1986, in response to a tenant's complaint, the City
Inspections Department did a routine inspection of the
Buiilding and discovered 27 violations of the Minnesota
Housing Code, including deteriorated exterior siding which
failed to provide weather protection, extremely
deteriorated exterior brick chimney, visible sagging in
the roof above the kitchen and bathroom areas, visible
leakage in numerous parts of the Building, deteriorated
ceiling joists in the kitchen, deteriorated floor joists
and floor in the kitchen, inadequately maintained
electrical system, deteriorated and hazardous furnace
system, inadequately maintained plumbing system and an
open and unsealed well. Notice was sent to the owner,
Leroy Smithrud, who failed to take corrective action. A
criminal complaint was filed against Smithrud in May
1987. Reinspection in September 1987 revealed only a few
minor corrections. No permits have ever been obtained as
required for the correction of the deficiencies stated in
1987 Complaint, except a permit to cap the open well,
which was completed.
2. In 1988 water services were shut off to the Property due
to nonpayment. In 1988 gas services were shut off to the
Property. Sometime in 1987 or 1988 electrical service was
shut off to the Property.
3. The Property has been uninhabited for at least three (3)
years.
4. In March 1991, the City Inspections Department received a
letter from the President of the neighborhood association
requesting corrective action and stating that the Building
constituted a fire hazard and a blight on the
neighborhood.
5 .
On June
discovered
being used
28, 1991, the City's Inspections Department
that the Building had become unsecured and was
as a shelter by several juveniles, who were
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sleeping, lighting fires and defecating in the Building.
The juveniles subsequently admitted to burglarizing a home
in the neighborhood while occupying the Building.
5.
As a result of the
Inspections Department
violations originally
corrected.
June 28, 1991 inspection, the City
discovered that the Housing Code
identified in 1986 had not been
6. On December 20, 1991, the City Inspections Department
retained a general contractor to inspect the Building and
provide an estimate of the cost of repairs necessary to
make the Building habitable. The estimate, including
materials and labor, totaled approximately $38,000.00.
In 1991, the Property had an assessed value of $13,900.00
for the land and $500.00 for the Building. These amounts
reflected a reduction in the value of the Building from
the 1990 assessed value of $27,700.00; the assessed value
of the land was unchanged. The fair market value of the
Property, should the proposed repairs be completed, is
approximately $60,000.00 according to the City's
Assessor's office.
7 .
In addition to the Building's
problems, the appearance of the
numerous Housing Code violations
welfare of the neighborhood in which
structural and health
Building due to the
is detrimental to the
it is located, and;
WHEREAS, the City Council therefore finds that due to the
above-described conditions, the Property constitutes a hazardous
building as defined by Minn. Stat. 463.15, Subd. 3, and;
NOW, THEREFORE, be it resolved by the City Council of the City
of Hopkins:
1. That the Order attached to this Resolution requ1r1ng the
repair or removal of the Building at 702 Seventh Avenue South be
executed by the Mayor of Hopkins and the Hopkins City Attorney,
and;
2. That the executed Order be served upon Leroy Smithrud, the
owner of the property at 702 Seventh Avenue South, in accordance
with procedures set forth in Minn. Stat. 463.15-463.26, and;
3. That the Hopkins City Inspection Department return to the
Council ninety (90) days from the date the Order is filed with the
Court Administrator and report whether the Building was repaired or
removed in compliance with the Order.
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Adopted this 21st day of January, 1992.
ATTEST:
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