01-0881R
 
REPLACEMENT
RESOLUTION REVERSING THE DECISION OF THE BUILDING APPEAL BOARD TO DENY AN APPEAL TO ALLOW A FURTHER EXTENSION OF TIME ON A CONDEMNATION FOR HABITATION ORDER TO CORRECT HOUSING CODE VIOLATIONS AT 1117 NORTH 46TH AVENUE EAST, DULUTH, MINNESOTA.

BY COUNCILOR STENBERG:

        WHEREAS, on September 19, 2001, the city building official issued an order condemning for habitation the premises located at 1117 North 46th Avenue East; and

        WHEREAS, on September 26, 2001, the owner of said property, Roger F. Larson, appealed the building official's order to the building appeals board and requested additional time to bring the subject property into compliance with all required codes; and

        WHEREAS, at its meeting of November 14, 2001, the building appeals board denied Mr. Larson's appeal; and

        WHEREAS, Roger F. Larson has appealed to the city council said the city council has considered this appeal and Mr. Larson has presented appropriate evidence that he has the means, and will to correct such noncompliance within the time frames set forth below or that he will cause plans to be presented, permits obtained and required work performed to bring the dwelling into compliance with the codes and ordinances regulating buildings within the city of Duluth; and

        WHEREAS, the city council has determined that the required findings for delaying the effective date of the condemnation for habitation order of September 19, 2001, and allowing an extension of time for repairing the dwelling and removing abandoned property and solid waste from the premises can be made in this case.

        NOW, THEREFORE, BE IT RESOLVED, that the city council finds that it is reasonably possible and practical to correct all code deficiencies giving rise to the building official's order condemning the premises for habitation and to bring the building located ad 1117 North 46th Avenue East into full compliance with such codes within the timeframe(s) set forth below; and

        FURTHER RESOLVED, that the building official's order condemning the premises located at 1117 North 46th Avenue East for habitation and the building appeal board's decision of November 14, 2001, is hereby modified to be effective 90 days after the effective date of this resolution to allow the appellant untilthe aforesaid date to bring the property into full compliance with all such codes; and

        FURTHER RESOLVED, that in the event that extenuating circumstances prevent appellant from so bringing the property into full compliance within said time frame through no fault of appellant, the council may further modify the effective date of said condemnation order; and

        FURTHER RESOLVED, that if the property is brought into compliance with all applicable codes within the time frames set forth in this resolution and as the same may be amended, the appeal of appellant shall be deemed to have been granted and the order condemning the subject property for habitation shall be deemed to have been rescinded, but if the property is not brought into compliance with all applicable codes within the time frames set forth in this resolution and as the same may be amended, the appeal of appellant shall be deemed to have been denied.



STATEMENT OF PURPOSE:   The purpose of this resolution is to grant the appeal of the owner of the property located at 1117 North 46th Avenue East, staying the building official's order condemning the property for habitation until a date certain to allow the owner additional time to bring the building into compliance with applicable codes and obviate the condemnation order. Should the council choose to approve this resolution, they will need to amend it to establish a specific date by which the necessary code work shall have been completed, based on the information presented to it in the record and by the appellant.