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Res 2015- 05 Order Repair Hazardous Conditions 595 Hwy 110CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-05 RESOLUTION ORDERING THE REPAIR OR REMOVAL OF HAZARDOUS CONDITIONS AT 595 HIGHWAY 110 WHEREAS, pursuant to Minnesota Statutes 463.15 and 463.261, the City Council of the City of Mendota Heights find the building located at 595 Highway 110 to be a hazardous building for the following reasons: 1. Damage caused by fire on March 10, 2014 2. Charred wood framing, trusses, and joists 3. Compromised weather protection due to incomplete roofing 4. Smoke and fire damage WHEREAS, the conditions listed above are more fully documented in the photographs and reports taken and prepared by the City of Mendota Heights Fire Marshall between March 10, 2014 and December 18, 2014; copies of which are attached to this Resolution as Exhibit A. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota that: 1. Pursuant to the foregoing findings and in accordance with Minnesota Statutes 463.15 and 463.261, the council orders the record owners of the above hazardous building or their representatives to make the following corrections on the property located at 595Highway 110: a. Renovations sufficient to be in compliance with all Building, Fire, and Municipal Zoning Code requirements; or, b. Demolition of the structure 2. The repairs listed above must be made within 30 days after the order is served upon the property owner. The repairs must be completed in compliance with all applicable codes and regulations and done pursuant to proper permits folnr the City. 3. A motion for summary enforcement of the order will be made to the District Court of Dakota County in which the hazardous building or property is situated unless corrective action is taken, or unless an answer is filed within the time specified in Minnesota Statute 463.18, which is 20 days. 4. In accordance with Minnesota Statute 463.24, the owner of the property or occupant must remove personal property and/or fixtures that will reasonably interfere with the work within 30 days. If the property and/or fixtures are not removed and the City enforces this order, the City may sell personal property, fixtures, and/or salvage materials at a public auction after three days posted notice. 5. If the City must take actions to enforce this order, all enforcement costs will be specially assessed against the property and collected in accordance with Minnesota Statutes 463.22, 463.21, and 463.161. 6. The City Attorney is authorized to serve this order upon the owner of the premises at 595 Highway 110 and all lien -holders of record. 7. The City Attorney is authorized to proceed with the enforcement of this order as provided in Minnesota Statutes 463.15 and 463.261. Adopted by the City Council of the City of Mendota Heights this 6th day of January, 2015. ATTEST: Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS ,/7/rfd Sandra Krebsbac ayor Res 2015-05 page 2 of 2 page 136 December 29, 2014 Larry Mrozinski 595 Highway 110 Mendota Heights, MN 55118 RE: Unsafe Property at 595 Highway 110 Dear Mr. Mrozinski: On December 18, 2014 the Fire Marshall for the City of Mendota Heights determined that the structure located at 595 Highway 110 in Mendota Heights is unsafe for occupation or entry. This determination was made based on the damage the structure received as a result of a fire on March 10, 2014. A copy of the notice is enclosed with this letter. As a result of this determination, State Statute, Building Code, and Fire Code require the hazards associated with this unsafe structure be mitigated as soon as possible. The City does have the right to remove the hazard, up to and including razing the structure, and have the cost of such action charged against the property owner. It is in your own best interest to address this issue as quickly as possible. You must decide whether you plan to rehabilitate or demolish the structure in question, and you will be required to obtain City permits for either action. A hearing is scheduled for the January 6, 2015 City Council meeting where the Council will be asked to officially declare the structure as unsafe. If permits for your planned action are not obtained within 30 days of this declaration, the City will likely move forward with abatement procedures to demolish the structure. We respectfully request this matter be addressed as soon as possible. The City Building Official — Mike Andrejka, the City Fire Marshall — Jim Lee, or I can be reached by calling Mendota Heights City Hall at 651-452-1850 to discuss this issue. Thank you in advance for your cooperation on this matter. Sincerely, John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer Encl: Fire Marshall Notice Case Number 14049 Lead Investigator J. Lee FIRE INVESTIGATION REPORT Investigation Report Property Name: Larry Mrozinski Address: 595 Highway 110 City: Mendota Heights County: Dakota State: MN Zjp: Phone: 651-456-0869 Contact Name: Contact Phone: Property Use Code: R3 Incident Detail Date: 03/10/2014 Time: 11:46 Fire Cause: unknown # Injuries: 0 Fire Dept.: Mendota Heights Type of Occupancy: Single Family Home Pre Fire Value: $ Loss: Smoke Detector Performance: Unknown Sprinkler System Performance: none Occupied: Yes: x No: El Disposition Open: x Closed: El Referred to other agency: LI Referral Info: This file will remain open until further information is received regarding this case. Owner 1 Last: Mrozinski Check if Occupant: x First: Larry Middle: page 139 DOB Gender 07/15/1952 Male Address: same City: Mendota Heights State: MN Zip: Phone: same Contact Name: Contact Phone: Owner 2 Check if Occupant: LI Last: First: Middle Address: City: State: MN Zip: Phone: Insurance Record Insurance Agency: Allied Agent: Phone: City: Gary Insurance Center North St. Paul, MN Insurance Co: Policy Number: Inception Date: Amount of Policy: Building: Contents: Other: Expiration Date: Gender Claim Number: Remarks: Payable to: Adjuster: Phone: page 140 Narrative Report People Homeowner Larry Mrozinski Background The home owner stated he smelled something like a hot wire in the morning but couldn't find anything and thought it was from the broccoli he was eating and then left for work. Property Description This is a 2 story wood frame single family home with an attached garage. Exterior Examination Heavy fire damage to the roof on the north side of the building with collapse. Interior Examination Heavy fire damage to the main floor bathroom extending into the second floor with a hole in the floor and to the roof with a roof collapse Evidence None taken Photographs See attachments Interviews Included with this report. Investigation Activity Because of the amount of damage I called Roy Kinsley from Apple Valley for assistance on the investigation. The area of origin is in the bathroom north and east walls extending through the second floor because of a burn through the floor. The fire extended to the roof and because of the heavy fire damage the roof collapsed. The area of origin is the bathroom area near the hot tub. Two dead animals were found in the building and removed to the home owners truck to be taken to the vet for disposal. Conclusion The area of origin of this fire is the bathroom area in the area of the hot tub. This fire is ruled undetermined until further evidence is received. page 141 March 17, 2014 insurance investigator for the insurance company sent an email to Roy Kingsley and he stated the whirlpool was installed in 1999 but not completed by the installer due to the absence of a grounded circuit. The homeowner put in a multi outlet plug beneath the tub, plugged pump into multi -outlet strip and ran the cord through the wall into master bedroom, used a 3 prong to 2 prong adapter and plugged into am ungrounded outlet in the master bedroom. The insurance investigator left me a voice mail stating he was ruling this fire accidental. Respectfully submitted, James Lee Fire Marshal City of Mendota Heights Date Submitted: March 18, 2014 page 142 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452,8940 fax www.mendota-heights,com December 19, 2014 CITY OF MENDDTA HEIGHTS To: Larry Mrozinski 595 Highway 110 Mendota Heights, Minnesota 55118 651 456 0869 From: Mike Andrejka- Building Official Mendota Heights Subject: Fire damaged single family dwelling located at 595 Highway 110, Mendota Heights, Minnesota Dear Sir, The Mendota Heights Fire Marshall, Jim Lee, has deemed the building located at 595 Highway 110 an unsafe structure due to fire damage. You the owner of the building must correct the unsafe condition by repair, demolition or other approved action. The property has been posted, by the Fire Marshal, with a sign that says "Unsafe Structure- Do not enter". No one may enter the building without approval from the Fire Marshal. You may contact him at 651 255 1156. Please contact the City of Mendota Heights to make clear your intentions for the property. If you plan to repair the building, obtain a building permit application and submit your plans to the City. If you plan to demolish the building, you must obtain a demolition permit. No work of any type may commerce without a permit. You may call me if you have questions about this process. You should know that the City has the right to remove the hazardous condition or raze the building and the cost will be charged against the property. We would need the City Council's permission to proceed with an order of this type. It is in your own best interest to promptly decide to repair or demolish your building. 1 know that these circumstances must be difficult. It has been several months since the fire. Please respond with your intentions within thirty days. Mike Andrejka- Mendota Heights Building Official 651 255 1143 cL CD CD 3 (D CD 0) 0 (D CL CD CD 3 CD 0- cL 0 CD (7). 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