02-14-07 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL FEBRUARY 14, 2007 referenced the inspection reports in the Council's agenda packet including an imminent hazards report. The City Administrator indicated that based on this documentation, the Council is asked to issue an Order to Correct Hazardous Condition of Building as provided for under Minnesota Statutes 463.17. The City Administrator indicated that copies of all reports have been provided to Mr. Sedaghat and his attorneys. The City Attorney reviewed the Order to Correct Hazardous Condition of Building which would declare the building a hazard based on the specific grounds spelled out in the report. The Order then gives the property owner 20 days from the date of the order to take specific corrective action to remedy the hazardous conditions of the building. The City Attorney reviewed the corrective actions as outlined in detail in the report. If the property owner does not complete this work within the 20 day time period, the City can then go to court requesting that it be allowed to make the corrections and assess the property for the cost. Blesener asked about the temporary restraining order that Valor was seeking against the City. The City Attorney reported that Valor was seeking a temporary restraining order from the red tag that the City placed on the building due to its hazardous condition. The court denied Valor's request. Blesener commended City staff for their very complete reports, and acknowledged that the property is in very dangerous condition. McGraw asked the timeline for ensuring that the property is cleaned up. The City Attorney indicated that if the property owner does not resolve the hazardous situation within 20 days, the matter will be placed on the court's first available date. The Attorney stated that this could mean anywhere from 30 days to one year. McGraw asked if the property owner would be allowed to use the building in the meantime. The Attorney reported that the property owner is currently not allowed to use the building given the red tag that is in place and was upheld in district court. However, absent the red tag, the building could be used. The City Attorney also pointed out that in order to take the corrective action outlined in the Hazardous Building Order, the property owner will have to access the building. The Attorney indicated that he is working with Valor's attorney on the access issue. The City Administrator indicated that the property owner would be allowed in the building to take the corrective actions, but the owner will not be allowed to operate the business. The Administrator reported that the property owner has indicated that he would like to make the building corrections so he can sell the building. 10