Discuss 8106 Alpine Drive NW

Staff is providing the Ramsey City Council an update of the efforts by Staff to resolve State Building Code, Property Maintenance Code, and Ramsey City Code violations at 8106 Alpine Drive.

On June 2, 2021, Planning Staff was invited by the Police Department for the first inspection concerning animal welfare. A Building Department Staff member was invited as there was historic aerial photos showing the roof had been covered by tarps for several years. If there were any questions or concerns of the buildings integrity, the Building Staff was meant to be of assistance. During the meeting, Staff discovered the structure was unsafe, numerous cats on the property, and violations of Property Maintenance and City Zoning Codes. Staff requested a follow up inspection to allow the Property Owner three (3) weeks to address one stack of waste in the back yard, provide two to three roofing quotes to demonstration action, and make a decision on how roof will be fixed. The re-inspection was scheduled for July 9, 2021. The Property Owner was called after concerns of the roof and condition of the property were relayed to Supervisory Staff; the re-inspection was scheduled for June 25, 2021. 

On June 25, 2021, Planning Staff returned to the property with the Police Department, Anoka County Inspectors, and Building Department Staff. The number of staff was invited for the following reasons:

• Police Staff as support
• Anoka County to identify if the County could assist with the conditions of the property with resources for the resident
• Building Official as the determination of what is considered a hazardous structure

During the inspection, it was discovered that the interior of the home had water intrusion, exposed wiring, and had been without water for a decade. As the exposed electrical and failing water system were unknown prior to this inspection, Staff decided to focus on the lack of water and sanitation, fire hazard due to electrical conduction, and structural deficiencies. In accordance with the 2021 International Property Maintenance Code, dwellings have standards that must be met to be habitable. The cited codes are as follow:

Section 304 - Exterior Structure

• 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:

Water and Sanitation

• 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.

• 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water.

• 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.

After the Inspection on June 25, 2021, the Property Owner was sent a letter reiterating the hazards discovered by Staff, which was also discussed onsite, as well as a second letter requesting that a decision be made to correct the uninhabitable conditions. The letter was sent July 1, and the requested date of response was July 9, 2021. The Property Owner decided that he would apply for State and County funding through various loan programs. Staff requested proof of the applications being sent as a way to monitor progress. After several weeks, Staff had not received a completed applications. Staff followed up with the Property Owner with a deadline of August 3, 2021 for him to submit completed applications and then a period for the County to respond to the application. On August 10, 2021, Staff contacted Anoka County and confirmed with Staff that partial applications had been received but not a completed application. 

Staff then contacted the Property Owner for a meeting at City offices on August 20, 2021. This meeting was another attempt by Staff to request the Property Owner to provide an outline on how he would address the uninhabitable conditions. The timeline given was for October 1, 2021 as the date of posting the dwelling as uninhabitable per the 2020 Minnesota Residential Code, Administrative Chapter 1300.0180. The dwelling was posted as uninhabitable due to the lack of progress on any of the options listed below: 

1. Property Owners will make his own arrangements to hire a plumber and well digging contractor to resolve water issue.
   • By October 1st at 12pm, proof of progress would need to be supplied:
     • A completed application to Anoka County loan program; AND
     • A signed contract for well construction and the scheduled start date
2. Property Owners do nothing and the building is posted uninhabitable on October 1, 2021.
3. Property Owners agree to have the work of the well and roof assessed to their property.
   • Signatures would be required for assessing the costs to the property
4. Property Owners will split the lot, using the revenue to address property concerns.
   • Property Owner would need to submit a Minor Plat application by 12pm on October 1st.
5. Property Owners would sell the entire property.
   • The property would need to be listed for sale online or with a realtor by October 1 at 12pm.
6. Something else. If you would like to pursue a path not laid out in options 1 – 4, please let us know by August 27, 2021 and we will discuss. It will also need a deadline of October 1, 2021.

During the following six (6) weeks (from the Meeting on August 20 to October 1, 2021), the Property Owner came to City Hall for plats to consider splitting the property, and then returned a second time on September 22, 2021 to request information for the steps of property assessment. The Property Owner attempted to apply for a building permit, during his first visit but did not have the supporting documents needed to submit a complete application. The Property Owner was told the application was incomplete and did not address the water issue which was the first step of the plans needing to be addressed by October 1, 2021. The Property Owner spoke with Staff at the second visit on September 22, 2021, at which time Staff told the Property Owner the City needed to gather the information for the costs of connecting the property to City water. The information was not able to be provided by October 1, 2021 but instead a meeting with the Property Owner was scheduled for October 7, 2021 to present the options. 

As the Property Owner did not show progress in addressing the violations, the Property was Posted uninhabitable on October 1, 2021, the same date and time that was stated, and restated, from the meeting and letter sent on August 20, 2021. In accordance with the Minnesota Residential Code. The Building Official, like other members of the Public Safety team, does not have flexibility for when to apply Code. The Code is applied uniformly across the board, and there are not variances or deviations allowed. Since the building was posted as uninhabitable, the next step is to post an "Order to Vacate." The Building Official has proposed a deadline of November 1, 2021 for a vacation date.

During the meeting held with Staff and the Property Owner on October 7, 2021, the Property Owner provided Staff with a signed contract to install a new well and to connect the well to the homes water supply system dated October 4, 2021 and an estimated installation date of October 18, 2021. Staff confirmed with the contractor that this date is not guaranteed, the Property Owner is on a list of properties to be serviced with this as the attempted installation date. 

At this time, the Property Owner and Staff have no requests for Council. 

No notification is required.

The property needs to be brought top habitable standards, meaning the electrical, water, plumbing, and roof would need to be addressed. During the meeting on October 7, 2021, the Property Owner provided Staff with a signed contract by E.H. Renner for a well installation, and necessary plumbing to the house, to take place near October 18, 2021. The Property Owner also applied for, and received, a plumbing permit through the Building Department. 

The Property Owner stated, at the October 7, 2021 meeting, they will be financing the well installation and fixing electrical hazards on their own. A signed contract has been provided, addressing the lack of water, and an electrical permit issued, for the Property Owner to address the fire hazard due to electrical conduction deficiencies. No structural plans have been provided for a building permit, meanings a completed building permit has not been received. 

As the Posting of the structure as uninhabitable, is a duty of the Building Official in accordance with Minnesota Residential Code section 1300.0180 regarding unsafe buildings or structures, the posting is not an option that requires City Council decision. State Building code states that " the Building Official shall order any building or portion of a building to be vacated if continued use is dangerous to life, health, or safety of the occupants. The Building Official shall have the authority to order disconnection of utility services to the building, structure, or system, regulated by the code, in case of an emergency to eliminate a hazard to life or property. The order shall be in writing and state the reasons for the action."

Staff handles all Code Enforcement cases as part of their regular duties. 

Staff recommends a septic compliance inspection, post well installation, to confirm that the septic system is still functioning properly. The increased amount of water that will be introduced to the system from the well installation will be more than the existing tank has received in the last 10 years, and it unknown if the tank will meet septic compliance standards. 

No action is requested from the Ramsey City Council.