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RESOLUTION REVERSING CONDEMNATION FOR HABITATION ORDER ISSUED FEBRUARY 21, 2017 BY CITY LIFE SAFETY OFFICE TO OWNER AND TENANT OF 120 WEST FIFTH STREET, UPPER UNIT
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CITY PROPOSAL:
RESOLVED that the city council finds as follows:
(a) On February 21, 2017 the city building official issued a condemnation for human habitation order (“condemnation order”) to Darford LLC, the owner of the building located in Duluth, St. Louis County, Minnesota, legally described as DULUTH PROPER 1st DIVISION WEST 5th ST LOT 28, with a street address of 120 west fifth street. The condemnation order was issued for the upper unit building only. The condemnation order was also issued to the tenant of the upper unit, Karen Lewis;
(b) Karen Lewis (“appellant”) appealed the condemnation order to the city building appeal board pursuant to city code section 10-5(d);
(c) Her appeal was scheduled for hearing before the building appeal board on April 12, 2017;
(d) The hearing was continued from April 12 to May 10, then to June 14, 2017 pursuant to the appellant’s requests and building appeal board approval;
(e) The appeal hearing occurred on June 14, 2017 before the building appeal board. The appellant was present with her attorney, Gerald Wallace;
(f) The building appeal board affirmed the building official’s issuance of the condemnation order issued on February 21, 2017 pursuant to city code section 10-5(e);
(g) The appellant timely filed an appeal of the building appeal board’s decision to the city council on July 1, 2017, pursuant to city code section 10-5(f), which provides as follows:
“Any owner or occupant aggrieved by a decision of the board which involves a housing code matter, except a demolition matter under Section 10-3 of this Code, or its successor, may appeal such decision to the city council by filing a notice of appeal with the building official within 15 days after receiving notice of the board's decision. Such notice of appeal shall be addressed to the city council and shall state the grounds upon which the appeal is taken. The filing of a notice of appeal shall stay all proceedings in furtherance of the decision appealed from. The building official shall file all appeal notices with the city council. The city council shall hear the appeal within thirty (30) days after the notice of appeal is filed and shall affirm, modify or reverse the decision of the board”;
(h) On July 17, 2017, the city council heard the appeal of the building appeal board’s decision to affirm the building official’s issuance of the condemnation order on February 21, 2017;
RESOLVED FURTHER, that the condemnation for human habitation order issued on February 21, 2017 by the city life safety office to 120 west first street, upper unit, is reversed on the following grounds:
(a) The unit is fit for human habitation pursuant to the Duluth housing code, city code section 29A-1, and the Minnesota state fire code, incorporated into the city fire code pursuant to city code section 21-1.
(b) There are no substantial obstructions to the unit’s emergency ingress and egress pathways, specifically its hallways, doorways, stairways, and windows, in violation of sections 108.1.2, 108.1.5 (6, 9), and 702.4 of the Duluth housing code and Minnesota state fire code;
(c) There is no excessive storage of items throughout the living areas, kitchen area, and bedrooms of the unit that constitutes an excessive fire load that is dangerous to the occupant, first responders, and other tenants and occupants of the building. There is no violation of section 301.1 of the Minnesota state fire code, and section 305.1 of the Duluth housing code;
(d) The appellant has demonstrated substantial compliance with the provisions of the Minnesota state fire code and Duluth housing code;
(e) Detriment to public health and safety will not result from granting the appeal; and
(f) The intent of the Duluth housing code and Minnesota state fire code will not be compromised by granting the appeal.
Statement of Purpose
STATEMENT OF PURPOSE: The resolution reverses the decision of the building appeals board to deny the appeal by Karen Lewis of the condemnation for human habitation order issued by the City Life Safety Office for 120 West First Street, Upper Unit. Karen Lewis is the current tenant of the unit. This resolution reverses the condemnation for human habitation order issued on February 21, 2017.
City Council Appeal Received: July 1, 2017
Action Deadline: July 31, 2017
Appellant:
Karen Lewis
120 West First Street, Upper Unit
Duluth, MN 55802
Building Appeal Board File No. 17-001