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File #: 15-0744R    Name:
Type: Resolution Status: Passed
File created: 10/15/2015 In control: Planning and Economic Development
On agenda: 10/26/2015 Final action: 10/26/2015
Enactment date: Enactment #:
Title: RESOLUTION AUTHORIZING THE BUILDING OFFICIAL TO ABATE CERTAIN NUISANCES BY REMOVAL OF STRUCTURALLY UNSOUND BUILDINGS IN THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $340,000.

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RESOLUTION AUTHORIZING THE BUILDING OFFICIAL TO ABATE CERTAIN NUISANCES BY REMOVAL OF STRUCTURALLY UNSOUND BUILDINGS IN THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $340,000.

 

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CITY PROPOSAL:

 

                     RESOLVED, that the council finds as follows:

 

                     (a)                     The building official of the city of Duluth duly issued condemnation orders for structures located upon the parcel of land described below located within the city of Duluth after determining that the criteria of Section 10-3 of the city of Duluth Legislative Code was met in each case:

 

(1)                      131st Avenue West, Tax Parcel Number 010-1680-00560.  Notification of condemnation for demolition to Rebecca Bosanko, daughter of deceased property owner Melvin Schlafer, by certified mail delivered September 26, 2015, and by posting on the site of the condemned building;

 

                                          (2)                     1227 Foster Avenue, Tax Parcel Number 010-0530-01310.  Notification of condemnation for demolition by certified mail to owner and taxpayer address of record, publication in Duluth News Tribune August 31, 2015, and September 7, 2015, and posting on the site of the condemned building;

 

                                          (3)                     19 West Fourth Street, Tax Parcel Number 010-1000-00060.  Notification of condemnation for demolition to owner Mary Jo Alander by certified mail delivered September 14, 2015, and by posting on the site of the condemned building;

 

                                          (4)                     2111 West Fourth Street, Tax Parcel Number 010-1180-04370.  Notification of condemnation for demolition by certified mail to owner and taxpayer address of record, publication in Duluth News Tribune August 31, 2015, and September 7, 2015 and posting on the site of the condemned building;

 

                                          (5)                     3015 Vernon Street, Tax Parcel Number 010-4570-03620.  Notification of condemnation for demolition by certified mail to owner and taxpayer address of record, publication in Duluth News Tribune August 31, 2015, and September 7, 2015, and posting on the site of the condemned building;

 

                                          (6)                     417 North 21st Avenue West, Tax Parcel Number 010-1180-04520.  Notification of condemnation for demolition by certified mail to owner and taxpayer address of record, publication in Duluth News Tribune August 31, 2015, and September 7, 2015 and posting on the site of the condemned building;

 

                                          (7)                     429 North 63rd Avenue West, Tax Parcel Number 010-0850-01625.  Notification of condemnation for demolition delivered to owner Gary Nelson by certified mail delivered September 14, 2015, and by posting on the site of the condemned building;

 

                                          (8)                     5526 Albion Street, Tax Parcel Number 010-4030-01130. Notification of condemnation for demolition to owner Michael Strop by certified mail delivered August 31, 2015, and by posting on the site of the condemned building;

 

                                          (9)                     5702 West Eighth Street, Tax Parcel Number 010-4520-10580. Notification of condemnation for demolition to owner Ronald and Jennifer Ann Kroll by certified mail delivered August 29, 2015, and by posting on the site of the condemned building;

 

                                          (10)                     5803 Cody Street, Tax Parcel Number 010-4510-07710.  Notification of condemnation for demolition by certified mail to owner and taxpayer address of record, publication in Duluth News Tribune August 31, 2015, and September 7, 2015, and posting on the site of the condemned building;

 

                                          (11)                     603 North 23rd Avenue West, Tax Parcel Number 010-1220-02550.  Notification of condemnation for demolition to owner Wells Fargo by certified mail delivered September 2, 2015, and posting on the site of the condemned building;

 

                                          (12)                     6116 Raleigh Street, Tax Parcel Number 010-2320-00860.  Notification of order for condemnation for demolition to taxpayer Darian Pionk by certified mail delivered June 8, 2015, and by posting on the site of the condemned building;

 

                                          (13)                     2624 West Second Street, Tax Parcel Number 010-1140-02680. Notification of condemnation for demolition by certified mail to owner and taxpayer address of record, publication in Duluth News Tribune September 16, 2015, and September 23, 2015, and posting on the site of the condemned building;

 

                                          (14)                     318 South Basswood Avenue, Tax Parcel Number 010-0880-06460.  Notification of condemnation for demolition by certified mail to owner and taxpayer address of record, publication in Duluth News Tribune September 16, 2015, and September 23, 2015, and posting on the site of the condemned building;

 

                                          (15)                     816 East Fifth Street and 816-1/2 East Fifth Street (two vacant dilapidated dwellings on one parcel), Tax Parcel Number 010-3830-17330.  Notification of condemnation for demolition by certified mail to owner and taxpayer address of record, publication in Duluth News Tribune September 16, 2015, and September 23, 2015, and posting on the site of the condemned buildings;

 

                                          (16)                     1019 North 14th Avenue East, Tax Parcel Number 010-0500-03180.  Notification of condemnation for demolition to owner Cletus Kuznia by certified mail delivered September 15, 2015, and by posting on the site of the condemned building;

 

                     (b)                     The orders are now final; and

 

                     (c)                     The cost for demolition of the structures has been estimated to not exceed $340,000.

 

                     BE IT RESOLVED, that pursuant to Section 10-3(b) of the city of Duluth Legislative Code the building official is authorized to:

 

                     (a)                     Proceed with the work ordered or to contract to have the work done, payable from DEDA, general and community development block grant funds;

 

                     (b)                     Should the sale of the salvage from such work exceed the cost of the demolition, the balance in excess of the cost shall be paid to the owner of said building or to such other persons as may by law be entitled thereto; and

 

                     (c)                     Submit to the city council a statement of the cost of such work for its further determination of the manner by which such costs shall be recouped as provided by Section 10-3(b) of the city of Duluth Legislative Code.

 

Statement of Purpose

STATEMENT OF PURPOSE:  This resolution identifies buildings that are subject to final demolition orders and authorizes the building official to take appropriate action for removal.  The council finds that the structures are substandard and constitute spot slum and blight conditions on the community.  Buildings damaged or deteriorated in excess of 60% of their market value are subject to an order to the owner to demolish the building within 30 days.  Owners are notified via certified mail, or, if confirmed delivery is unsuccessful, through publication in the Duluth News Tribune on two dates and the order is posted on the damaged building.  Owners are informed of their right to appeal to the building appeal board within 15 days of receipt of the order.  If appealed, the board can grant up to 18 months additional time for rehabilitation if the appellant shows dedication of sufficient funds and has entered into a valid contract to complete the work within the prescribed time.  Demolition orders are final when the appeal period has lapsed without the filing of an appeal or when an appeal has been granted but the additional given time has elapsed without completion of repair and rehabilitation.  Once a demolition order is final, the city council may direct the building official to proceed with the work ordered or to contract to have the work done.  The estimated total cost for all structures is $340,000.