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RESOLUTION AFFIRMING BUILDING APPEAL BOARD'S DECISION TO DENY APPEAL OF CONDEMNATION FOR HUMAN HABITATION ORDER ISSUED FEBRUARY 21, 2017 BY CITY LIFE SAFETY OFFICE FOR 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 section10-5(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. ...
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