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5.5. SR 06-15-2009REQUEST FOR ACTION To Item Number Ci Council 5.5. Agenda Section Meeting Date Prepared by Communi Develo ment une 15, 2009 erem Barnhart, Plannin Mana er Item Description Reviewed by Request by George Larson for Extension on Code Enforcement Issues Relating to the Bowling Alley at 13161 Hwy 10 Reviewed by Action Requested The property owner requests an extension of one year for completion of the work (remove and replace the tarps with painted plywood, seal the roof openings, and seal the building from intrusion). Staff recommends an extension of two months to complete the work. In the future, if the work has not been completed, the Council could consider a formal abatement process and assess the fees on Mr. Carson's property taxes. Background/Discussion The City has identified the condition of the former bowling alley owned by Mr. George Larson as one being a nuisance as defined by the City Code. The City initially notified Mr. Larson of the violations on September 15, 2008. After snow collapsed a portion of the bowling alley in the winter of 2006, tarps were placed as protection from the exterior elements. These tarps have been destroyed by the elements in the years since their installation. Also, the grounds have not been mowed forcing the City to abate the grass growth in 2008. Lastly, a site inspection on May 8, 2009, with the property owner, City's Code Enforcement Official Dave Hetrick, and the Interim Fire Chief Cliff Anderson found that the building has been vandalized, including what appears to be individuals entering the building. This inspection was in response to code enforcement action taken by the City in a letter dated March 17, 2009. Originally, staff required work to be completed by Apri19, 2009; this was postponed allowing for Mr. Larson to return to town. After the meeting on May 8, correspondence was sent on May 27 requiring the issues to be resolved by June 28, 2009. On May 29, the Planning Manager met with Mr. Larson, explaining the gravity of the concerns and outlining options. Mr. Larson has expressed his reluctance to put more money in a building he is trying to sell. Mr. Larson has elected to request an extension of one year, allowing him to complete the sale of his property (currently scheduled for auction on July 21, 2009) and the new property owner to complete the work requested by the City or remove the building. Mr. Carson's letter of request is attached. Staff has some concern with a year extension. The building, currently exposed to weather, will only deteriorate further over time. There is no guarantee that the sale will conclude in July. Additionally, the S:\PLANNING MAIN\Code Enforcement\Action Requested Bowling Alley extension.doc building has already experienced what appears to be break-ins, highlighting the importance of securing the building as soon as possible. Staff would recommend an extension of two months to complete the work (remove and replace the tarps with painted plywood, seal the roof openings, and seal the building from intrusion). If the work has not been completed, the City would abate the nuisance and assess the fees on Mr. Carson's property taxes. Financial Impact None. Attachments ^ Mr. George Carson's letter dated June 1, 2009 ^ Code Enforcement history Action Motion by Second by Vote FOIIOW Up S:\PLANNING MAIN\Code Enforcement\Action Requested Bowling Alley extension.doc ~f~ ~`~~~~~~ ~uF~ J 3 ~0~ 6 ---- -- ~ '~ f E ~~ ~-. F 9p (~ -., .!ti's 4 fl .~F ) t .k~_ F f-a :~7 A .T F \~X..Y.i ~. ~.-i_.. __ - ___ __.._.. _ ... fiver 13065 Orono Parkway Elk River, MN 55330 May 27, 2009 George Larson 606 East River Road Monticello, MN 55362-8752 Dear Mr. Larson, Please be advised that the city has identified your property at 13161 Hwy 10 (parcel ID 75-132-1200) in Elk River as having a substandard building in accordance with Sec. 30-232 of the Elk River, Minnesota Code. The building must be repaired. The work must be completed by June 28, 2009 or an alterative schedule be agreed upon. This order may also be appealed. If the work is not completed within the time specified, the city council may proceed to cause the work to be done and charge the costs thereof against the properly or its owner. It is also unlawful for the owner of any structure who has received a compliance order to sell, transfer, mortgage, lease or otherwise dispose of such structure to another until the provisions of the compliance order have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of the compliance order. This order may be appealed to the City of Elk River board of appeals. The appeal shall be made in writing and filed with the building official by June 28, 2009. Failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. Sincerely, Dave Hetrick Code Enforcement Official Phone: 763.635.1000 Fax: 763.635.1090 www.ci.el k-river.m n.us .ver MEMORANDUM TO: Jeremy Barnhart FROM:. Dave Hetrick DATE:. May 4, 2009 SUBJECT: Bowling Alley Cleanup As you know, I spoke with George Larson, the owner of the bowling alley at 13161 Hwy 10, during the winter and he said that when he returns from wintering in Florida on May 1, that he would meet with me at once concerning the cleanup of the bowling alley. He called me on Monday, May 04, at 8:30AM and requested an on site meeting. He indicated that he would like his contractor there to better understand the goals of the city. He also stated that he has no intention of spending any money on the site. I told him that that was not acceptable and that we need to come up with a solution that the city can live with. I told him that the site needs to be completely sealed from weather, people getting inside and the east side wall to be repaired with an appearance that is acceptable by the city. Based on an inspection on May 15`, the grounds still have an excess of debris that needs to be cleaned up. I advised him that the site is now being used by skateboarders and there has been a hole punched in some plywood that provides entrance into the building. The meeting is scheduled for Monday, May 11 at 9:00 AM. I will provide and update after tlss meeting. City of Elk - River 13065 Orono Parkway Elk River, MN 55330 April 3, 2009 Mr. George Larson 600 E. River Road Monticello, Mn. 55362 Dear Mr. Larson, As a follow up to our conversation on April 1, I am looking forward to meeting with you when you return. As I'm sure you understand, the condition of your property at 13161 Hwy. 10 continues to be a nuisance, and must be addressed immediately. On May 1St, we can discuss the action you plan to take, and your schedule for completion. Sincerely, Dave Hetrick Code Enforcement Officer cc: Lori Johnson cc: Jeremy Barnhart Phone: 763.635.1000 Fax: 763.635.1090 www ci.elk-river.mn.us City of Elk - Rive'r 13065 Orono Parkway Elk River, MN 55330 March 17, 2009 Larson Properties of Monticello 606 East River Road Monticello, MN.55362-8752 Re: 13161 Hwy 10, Elk River, MN. 55330 Dear Mr. Larson, Last summer, we worked together on addressing some of the issues surrounding the condition of your property at 13161 Hwy 10 in Elk River. I appreciate your assistance in mowing the grass to reduce the issue there. As we discussed, a larger concern is the condition of the building, and the deterioration of the tarps which have large holes, exposing interior portions of the building to water, rodents, and further deterioration and decay. After an inspection on March 3, 2009, I found that the building is in serious need of repair on its east side. Specifically, the east wall and roof opening must be repaired weather tight with an attractive enough covering as to no longer be deemed a nuisance. It appears that the tarps are not an appropriate solution to address the problem adequately. This inspection identified the following violations of the City's adopted ordinances: 2006 International Property Maintenance Code-301.3 as adopted by reference in Sec.30-157 of the City of Elk River Code. City of Elk River Code-Sec.46-31(1) and Sec.46-35(a-3) I attach applicable regulations for your information. Please make arrangements to address the issues identified here by April 9, 2009. If these repairs are not completed by that time, or alternative arrangements made, the city will be forced to pursue a citation or abatement to rectify the problem. If you feel this notice is in error, you have the right to appeal this notice and order by filing a written application for appeal with the Board of Appeals for the City of Elk River. Sincerely, Dave Hetrick, Code Enforcement Officer City of Elk River 763.635.1067 Encl. Phone: 763.635.1000 Fax: 763.635.1090 wwwci.elk-river.mn.us Page 1 of 1 Hetrick, Dave From: Hetrick, Dave Sent: Tuesday, February 24, 2009 12:59 PM To: Johnson, Lori Cc: Barnhart, Jeremy Subject: Bowling Alley Attachments: BOWLING ALLEY 001.jpg; BOWLING ALLEY 002.jpg; BOWLING ALLEY 003.jpg; BOWLING ALLEY 004.jpg; violations 004.jpg; violations 005.jpg; violations 006.jpg; violations 007.jpg Lori, This is a response to yesterdays meeting in regards to the bowling alley. The property (grounds) was cleaned up last summer and the tarps in the poorest shape were removed. The attached pictures show the difference between last fall and today. Although not beautiful, the owner did react to the violation. If the Council wants to act further, we can site both the local ordinance and the 2006 International Property Maintenance Code. Local ordinance states in Sec.46-31 (1) that whoever maintains or permits a condition which unreasonably annoys, injures (possible) or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public. The International Property Maintenance Code in Sec.301.3 says: All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe and secure and sanitary condition as provided herein so as to not to cause a blighting problem or adversely affect the public health or safety. In Sec.304.6 it states that all exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Dave 2/24/2009 City of Elk River: CEView Page 1 of 4 ~c CE Case Details Print Close LC l.aSe I.CLUUa'173 cE case #: CE2008-193 eFM Case #: Iv/A case assigned to: Hetrick, Dave Priority: Medium status: NOV issued Date Opened: 09/15/2008 Follow Up Date 06/01/2009 Follow Up Action reinspect i_ocation 13161 Hwy 10 Elk River, MN 55330 open violations Long grass- grass Refuse Vacant land/house Other Violation Other Violation Refuse Violations Date Rio/ation Submitted By Status Disposition Notes 05/26/2009 Other Violation Hetrick, Dave Open 05/26/2009 Other Violation Hetrick, Dave Open 05/26/2009 Refuse Hetrick, Dave Open 10/08/2008 Refuse Hetrick, Dave Open 10/08/2008 Vacant land/house Hetrick, Dave Open 09/15/2008 Long grass- grass Hetrick, Dave Open History Date Entered By Action/Note/Activity 10/08/2008 03:54:16 PM Hetrick, Dave Added: Refuse __ _ _. ~ __ 10/08/2008 03:54:16 PM Hetrick, Dave Added: Vacant land/house 09/15/2008 01:19:03 PM Hetrick, Dave Added: Long grass- grass https://clients.comcate.com/ce/ceCaseDetail.php 6/10/2009 City of Elk River: CEView 05/26/2009 04:08:13 PM Hetrick, Dave Added: Other Violation _ - _ __._ 05/26/2009 04:08:13 PM Hetrick, Dave Added: Other Violation 05/26/2009 04:08:13 PM Hetrick, Dave Added: Refuse Page 2 of 4 Status and Follow l1p Status Fo/%w Up Date Fo!/ow Up Action NOV issued 06/01/2009 reinspect History Entry Date Employee Description 06/10/2009 10:45:40 AM Hetrick, Dave Case Status changed to NOV issued _ . __ 06/10/2009 10:45:40 AM Hetrick, Dave Followup Date edited from: 11/15/2008 to 06/01/2009. 05/26/2009 04:08:13 PM Hetrick, Dave Case Status changed to Abatement issued 10/24/2008 03:19:35 PM Hetrick, Dave Followup Date edited from: 10/22/2008 to 11/15/2008. 10/08/2008 03:51.37 PM _._ Hetrick, Dave Case Status changed to NOV issued _ _ 10/08/2008 03:51:37 PM Hetrick, Dave Followup Date edited from: 10/06/2008 to 10/22/2008. 09/22/2008 03:40:27 PM Hetrick, Dave Case Status changed to Abatement ~ issued 09/22/2008 03:40:27 PM Hetrick, Dave Followup Date edited from: 09/22/2008 to 10/06/2008. _~_ __.. _ ~ ___ _ ~_ __ ... __ . _ __ .. _ __ ... __...e ___ ~ 09/15/2008 01:19:03 PM Hetrick, Dave Initial Case Status NOV issued Notes Entry Date Entered By Action Date Note 06/10/2009 Hetrick, 06/10/2009 letters were sent to Mr. Larson and 10:45:40 Dave are in the file. Different format was AM used so all direct letters are not in this https://clients.comcate.com/ce/ceCaseDetail.php 6/10/2009 City of Elk River: CEView history. All letters are in this addresses file. 10/24/2008 Hetrick, 10/24/2008 The owner called me and agreed to 03:19:21 Dave clean up refuse and remove tarps that PM are hanging on east side. No time frame. History Entry Date Emp/oyee Description Page 3 of 4 Attachments Date Tit/e Description Uploaded By Upload Date No Files Uploaded History Entry Date Employee Description Forms '; History '', Link Name Generation Date Generated By ~ _ - ___ _,__ _ view __. _ _ . ..._. ,_ _m_. m . Notice of Violation . ___ ____ 05/26/2009 16:23 Hetrick, Dave view Notice of Violation 10/08/2008 15:55 Hetrick, Dave _.. _ view _ .. __ ... ___ ~_ . a . ___.. Grass Violation Letter _. _.. , .. ~ __ 09/22/2008 15:40 Hetrick, Dave view Notice of Violation 09/15/2008 13:19 Hetrick, Dave ~ Location Addesss 13161 Hwy 10 Elk River MN 55330 Additional Census Block COBG Property APN Information Tract Group LowModPct E/igib/e Type NO hops://clients.comcate.com/ce/ceCaseDetail.php 6/10/2009 City of Elk River: CEView Page 4 of 4 Contacts Initiation: complaint Contact Open Ro% Name/Business Address Phone Cases _. _ _~ Larson Property of 606 East River Rd Moticello Owner Monticello MN 55362-8752 1 _.~..~, Time Tracking CE Officer Date Hours Total 0 a .__ ~. https://clients.comcate.comlce/ceCaseDetail.php 6/10/2009