01-0882R

RESOLUTION AFFIRMING 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 appeal board found that there is no evidence to justify the requested extension, that Mr. Roger Larson has had adequate time for renovation and cleaning up the property, that the condemnation for habitation order is valid, and upheld the decision of the building official; and,

        WHEREAS, Mr. Larson has appealed the decision of the building appeal board to deny his request for an extension to allow more time to correct housing code violations to the city council; and

        WHEREAS, the city council adopts the building appeal board's findings and independently makes the same findings; and

        WHEREAS, Mr. Larson has failed to submit plans, obtain permits or perform work to comply with the order as of November 14, 2001; and

        WHEREAS, the city council reaches the conclusion that Mr. Larson has had adequate time for correcting housing code violations, that the condemnation for habitation order is valid, and to uphold the decision of the building official.

        NOW, THEREFORE, BE IT RESOLVED, that based on the record before it consisting of the city file, the materials presented by the owner, and the city council proceedings, that there is no evidence to justify the requested extension, that Mr. Roger Larson has had adequate time for renovation and cleaning up the property, that Mr. Larson has failed to submit plans, obtain permits or perform work to comply with the order as of November 14, 2001, and that the condemnation for habitation order is valid.

        FURTHER RESOLVED, that the building appeal board's decision of November 14, 2001, is hereby affirmed by the city council and the appeal is denied.



STATEMENT OF PURPOSE:  This resolution affirms the decision of the building appeal board for an appeal of City Code, Chapter 29A, Article II, Section 29A-108.1.3, for property located at 1117 North 46th Avenue East. The applicant requested the condemnation for habitation order be stayed and a further extension of time allowed to correct housing code violations at the above-listed address.