HomeMy WebLinkAbout2023-172 (Amending Order To Remove The Hazardous Building Located At 1309 3rd Street South)City of Stillwater
Washington County, Minnesota
RESOLUTION 2023-172
RESOLUTION AMENDING ORDER TO REMOVE THE HAZARDOUS BUILDING
LOCATED AT 1309 3RD STREET SOUTH
WHEREAS, on October 17, 2023, the Stillwater City Council approved Resolution No.
2023-149 ("Order") ordering that the detached garage and retaining wall located at 1309 — V
Street South in the City of Stillwater, Minnesota, ("Property") be razed and removed by
December 31, 2023; and
WHEREAS, Richard A. Ames, Robert M. Ames, and Cheryl E. Ames, owners of the
Property ("Owner"), have undertaken efforts to raze and remove the garage by engaging a
contractor and scheduling its demolition, which is expected to be completed by December 31,
2023;
WHEREAS, the contractor has expressed concern that the removal of the garage slab
may impact the structural integrity of the retaining wall upon which the garage sits; and
WHEREAS, the retaining wall adjoins the retaining wall of an adjacent property owner,
and will require the cooperation and mutual consent of the adjacent property owner in order
to correct the hazardous conditions; and
WHEREAS, the Owner has been in contact with the adjacent property owner who has
indicated a desire to correct the hazardous conditions of the retaining wall by July 1, 2024;
and
WHEREAS, the City agrees to a reasonable extension of the Order so that the Owner
and adjacent property owner can coordinate and cooperate on the retaining wall, whether it
be repaired, razed or removed.
NOW, THEREFORE, BE IT RESOLVED BY THE STILLWATER CITY COUNCIL:
The Order is hereby amended as follows: Sections 1 and 2 of the Order are hereby
removed in their entirety and replaced as follows:
1. Richard A. Ames, Robert M. Ames, and Cheryl E. Ames, Owners of the
Property at 1309 3rd Street South, Stillwater, Minnesota must raze and remove
the garage, and all related materials, except the garage slab, by December 31,
2023.
2. Richard A. Ames, Robert M. Ames, and Cheryl E. Ames, Owners of the
Property at 1309 3rd Street South, Stillwater, Minnesota must repair, replace or
raze and remove, as determined by the City's Building Official, the garage slab
and the portion of the retaining wall located on the Property, returning the
Property to a safe condition by July 1, 2024.
No party filed an Answer within twenty (20) days of service of Resolution 2023-149, therefore,
a motion for summary enforcement of this Order will be made to the District Court of
Washington County if there is no compliance with this Order and the City will be authorized
to enter the property and immediately raze or remove the garage and the retaining wall
located on the Property. All costs associated with the action and of razing and removing the
garage and retaining wall may be a lien against the Property, which may be levied and
collected as a special assessment.
Adopted by the Stillwater City Council this 19th day of December, 2023.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
,.
Beth Wolf, City CI .x