02-041 RESRESOLUTION NO. 02- ~, 1
A RESOLUTION ORDERING THE RAZING AND REMOVAL OF THE BUILDINGS
LOCATED AT 740 PROCTOR AVENUE, CITY OF ELK RIVER, MINNESOTA
WHEREAS, the buildings located at 740 Proctor Avenue, City of Elk River, Sherburne
County, Minnesota, and legally described as:
That pt of SE 1-4 of NE 1-4 lying N of RR R of W des as follows: Beg at intersection of N line of RY R of
W with E line of public rd running N & S of W line of said SE 1-4 of NE 1-4, thence N along E line of said
rd 85 ft more or less to N line of SE 1-4 of NE 1-4, thence E along said line a dist of 450 ft, thence S at
RA to said N line a dist of 464 ft thence W para with N line of said SE 1-4 of NE 1-4 to an intersection with
the N'LY line of RY R of W, thence NW'LY along said R of W line to PT of BEG, Section 33, Township 33,
Range 26, 2.42 acres, on file and of record in the office of the County Recorder, Sherbume County,
Minnesota,
have been vacant for over 10 years and have deteriorated to a condition that is
hazardous to the public. The buildings have boarded up windows, unstable floors,
interior walls that are destroyed and overall are in general disrepair; and
WHEREAS, the health and safety of the citizens of Elk River and the general
public is at risk due to the hazardous condition of the buildings; and
WHEREAS, Elk River's Building and Zoning Administrator, Fire Chief, and Chief
of Police inspected the buildings on April 24, 2002, and found the above-referenced
unsafe conditions. Their reports .are attached as Exhibits 1,2, and 3; and
WHEREAS, photographs of the exterior and interior of the buildings were taken
on April 24, 2002. The photographs are attached as Exhibits 4, 5, 6, and 7; and
WHEREAS, it is in the interest of public health and safety that an order be served
on the owners directing them to raze and remove the hazardous buildings.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Elk River
declares the above-described buildings to be hazardous to the public health and safety
and directs the City Attorney to draft an order pursuant to M.S.A. §463.17 directing the
owners to commence the razing and removal of said buildings within 30 days from
service of said order and to complete said razing and removal of said buildings within 45
days .from service of said order. If said order is not complied with, the City Council
authorizes the City Attorney to commence proceedings in District Court to enforce the
Order to raze and remove said buildings in accordance with Minnesota Statutes
C hapte rs 463. ~E,i k~R i~
Dated: ~c^~ ~2).2~~
Elk River City Clerk
STATE OF MINNESOTA
COUNTY OF SHERBURNE
IN DISTRICT COURT
TENTH JUDICIAL DISTRICT
Court File No.
City of Elk River,
VS.
Leonard Babinski,
Plaintiff,
ORDER FOR RAZING AND
REMOVAL OF HAZARDOUS
BUILDING
Defendant.
City of Elk River, Sherburne County, Minnesota.
City Attorney File No.
FINDINGS OF FACT
That Leonard Babinski is the owner of record of certain real property located in the
2. There are two buildings (house and garage) on said property that have been vacant
for over ten years.
3. The buildings are located at 740 Proctor Avenue, City of Elk River, Sherburne
County, Minnesota, and legally described as:
That pt of SE 1-4 of NE 1-4 lying N of RR R of W des as follows: Beg at intersection
of N line of RY R of W with E line of public rd running N & S of W line of said SE 1-4
of NE 1-4, thence N along E tine of said rd 85 ft more or less to N line of SE 1-4 of
NE 1-4, thence E along said line a dist of 450 ft, thence S at RA to said N line a dist
of 464 ft thence W para with N line of said SE 1-4 of NE 1-4 to an intersection with
the N'LY line of RY R of W, thence NW'LY along said R of W line to PT of BEG,
Section 33, Township 33, Range 26, 2.42 acres, on file and of record in the office of
the County Recorder, Sherburne County, Minnesota.
4. The buildings have deteriorated to a condition that is a fire hazard and public safety
hazard. The buildings have boarded up windows, unstable floors, interior walls that are
destroyed' and overall are in general disrepair.
5. On 5/20/02 , the City of Elk River passed Resolution No. 02-41
the razing and removal of the aforementioned buildings.
ordering
6. Resolution No. 02-41
this Order.
is attached hereto and incorporated by reference into
7. Resolution No. 02-41 includes reports by the Building
Administrator, Fire Chief and Chief of Police. It also includes photographs.
and Zoning
ORDER
1. The owner of the above-referenced buildings shall commence the razing and
removal of said buildings within 30 days from the service of this Order.
2. The buildings must be demolished and removed to a proper site licensed to take
demolition waste, the excavation filled to grade, and the property must be in compliance
2
With all applicable regulations, rules and city ordinances within 45 days from service of this
Order.
3. A motion for summary enforcement of this Order will be made to the District Court of
Sherburne County, unless the buildings are razed and removed in compliance with this
Order, or unless an answer specifically denying the facts contained herein is served within
twenty (20) days from the date of service of this Order pursuant to Minn. Stat. §463.18.
Dated:
CITY OF ELK RIVER
?
City Clerk
3
City
EXHIBIT 1
MEMORANDUM
TO:
City Attorney, Chris Johnson
FROM:
Building and Zoning Administrator, Stephen Rohlf
DATE: April 24, 2002
SUBJECT:
Babinski House Located at 740 Proctor Ave., Elk River, MN
{75-133-1405)
On Wednesday, April 24, 2002, Bruce West, Fire Chief; Tom Zerwas, Police Chief; Tom
Tyler, Police Detective, Terry Zajac, Building Inspector and Stephen Rohlf, Building and
Zoning Administrator made an inspection of the house located at 740 Proctor Avenue in
Elk River. Stephen Rohlf tried to contact the property owner, Leonard Babinski, and his
son, Tom Babinski, regarding the inspection. Messages were left on both of their answering
machines on April 23, 2002.
The following observations were made during the inspection:
The structure was not secured. An old door was leaned against the hole where a
basement window was missing in the rear of the house. Slight pressure against a
door partially covering an upper story window dislodged the one nail holding it in
place.
The outside of the house and adjoining property were unsightly. The upper part of
the exterior was an unfinished brown coat of stucco, the fascia was untreated and
there was debris on the property (including piles of rubber roofing, litter and rusted
tracks from a bulldozer. The shingles looked new, however, though a reproofing
permit has not been issued. The roof and gable end vents were missing, which
allows water to infiltrate to the interior of the structure. The yard has been left to
grow wild.
Structurally the house appears sound. The framing members, I believe rough sawn
Doug Fir, still appeared solid, although they are now being exposed to the elements.
The interior wall finishes are totally destroyed and debris is litter throughout the
inside of the house, including boards will nails protruding and broken glass. None of
the insulation remains in tacked.
Signs of the house being used by someone, such food containers, were throughout
the house. Plasterboard litters the stairway to the basement making safe passage
impossible.
EXHIBIT 2
April 30, 2002
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Attention: Steve Rohlf
Building and Zoning Administrator
Subject: Babinski property
740 Proctor Ave
Elk River, MN 55330
Dear Steve:
I would like to cover fire code, related issues from the abandoned house inspection on
Wednesday April 24, 2002. The house is considered a fire hazard as to the state of the
structure. The structure has been allowed to become mn-down with broken windows,
holes in walls and a general sate of disrepair.
The 1997 Uniform Fire Code states in reference to this issue: Section 103-Inspection and
Enforcement; under 103.4.5 Unsafe buildings. Buildings or structures which are
structurally unsafe or not provided the adequate aggress, or which constitute a fire hazard
or are otherwise dangerous to human life, or which in relation to existing use constitute a
hazard to safety or health or public welfare, by reason of inadequate maintenance,
dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified in
this code or any other ordinance, are, for the purpose of Section 103.4.5, unsafe
buildings. Such unsafe buildings are hereby declared to be public nuisances and shall be
abated by repair, rehabilitation, demolition or removal.
Under Section 111 O-Vacant Buildings, 1110.2 removal of Combustible and Hazardous
Materials. Upon vacating or abandoning a building or property, the owner or occupant
thereof shall remove all combustible and hazardous materials.
1110.3 Maintenance of vacant Buildings and Properties. States: Vacant buildings and
properties shall be maintained free of accumulations of combustible or hazardous
materials. Vacant buildings shall be maintained, securely locked or barricaded to prevent
entry by unauthorized persons.
The Uniform Fire Code states with the condition of the existing property located at 740
Proctor Ave, the issue of removal of the vacated and/or abandoned structure.
If you have any questions, please feel free to call me at the Elk River Fire Department,
763-441-4919.
Respectfully,
Bruce A. West
Fire Chief
City of Elk River
EXHIBIT 3
ELK RIVER POLICE DEPARTMENT
CONTINUATION REPORT
CASE FILE #:
02004260
OFFENSE/INCIDENT: ABANDONED HOUSE
REPORTING PARTY: Steve Rohlf, Building & Zoning Administrator
ADDRESS:
PHONE (HM):
PHONE (OTHER):
SUSPECT:
Leonard Richard Babinski, DOB/07-14-30
On 04-24-02, Steve Rohlf, City of Elk River Building & Zoning Administrator, asked
that I meet him at 740 Proctor Avenue to look at a residence that was abandoned.
At approximately 1010 hours, Sergeant T. Tyler and I met Steve Rohlf, Terry Zajac and
Fire Chief Bruce West at the above residence. We observed the house to be in
considerable disrepair. To the rear of the residence, a basement window was covered
with a piece of material. You could easily move it to gain entry. It was also observed
that no trespassing signs were evident around the property, however this did not deter
people from entering in the past.
Terry Zajac, from the City of Elk River, gained entry to the main floor of the residence
by pushing lightly against an old door that was covering a broken window opening
allowing easy access to the main level. City staff went into the structure to observe and
take photographs. Sergeant T. Tyler took numerous photographs to document the
"significant" disrepair and the hazard that exists for anyone that would enter.
There was evidence that someone had been inside recently and left an employment
application from Papa Murphy's Pizza. There also were signs that unknown person(s)
had started small fires inside the house, which could have easily burnt the house down.
As the pictures will show, most of the sheetrock on the walls and ceiling are torn down
and lying throughout the residence. This has left exposed all the wood materials that hold
the house together.
We then cleared the premises after re-securing the window opening.
End of report.
Thomas D. Zerwas, Chief of Police #601
kma
EXHIBIT 4
EXHIBIT 5
EXHIBIT 6