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HomeMy WebLinkAboutRes1965-424 r t ~ ~ ~ ~~ ~ ~ ~ 1.\ ~ 0-; ~ SiJ~a4''<2;Y J!~J:NJ! SiJ..,d~,,:y 2_1451 .._"~.T_""~-~ CITY OF.oSEWARD RESOLUTION NO. 424 WHEREAS, the Se~ard City Council on the 21st day of December, 1964, sitting as a Board of Adjustments conducted a pUblic hearing in the matter - ;f~IX(P~;r6;) of Notice to Abate or Correct Either Fire or ~azar~-regarding the build- ing situated upon Lot 23 in Block 16 of the Original To~nsite of Se~ard, Alaska, o~ned and occupied by Ruth Andrews and/or Ralph Andrews, in accord- ance ~ith Sections 2.100 and 2.102 of the Seward Code of Ordinances, and WHEREAS, at the said public hearing Mr. Ralph Andrews was present with his counsel and afforded the opportunity to present witnesses, to present evidence, and to make statements on his o~n behalf and on his behal through his counsel, and WHEREAS, after fully hearing from the City Manager and reviewing his administrative procedure leading up to this public hearing, and the taking of o~her evidence and listening to the statements of other witnesses, and WHEREAS, after being"~ully advised of the findings of the City Manager and of the position of Mr. and Mrs. Ralph Andre~s, o~ners and oc- cupiers of the Alaska House, City of Seward, the Se~ard City Council sitting as a Board of Adjustments makes the following findings: FINDINGS 1. That the requirements of Sections 2.100 and 2.102 of the Se~ard Code of Ordinances have been carried out as a condition precedent to this Resolution. 2. That the said Ruth Bnd Ralph Andre~s, owners and occupiers of the Alaska House, Seward, Alaska, have been afforded the protection and given the opportunities provided by law and the Se~ard Code of Ordinances. 3. That the said Ruth and Ralph Andrews did offer to sell Lots 23 and 24 of Block 26 of the Original Townsite, Se~ard, Alaska to the City in lieu of abatement or condemnation proceedingsj ho~ever, the City Council rejected the offer to sell for the reason that the land-use program, of which this property ~as originally a part, is no longer effective, and the sale price requested by said Ruth and Ralph Andrews was deemed to be -1- r~- t ,,~ ~~,~ ~ 1~ .~~ ~~ ~ :x\P1 ~~?/ ~W} !J6~y 9.&2# !J6.-d~":JI' 2-fQ,H excessive. 4. That the said Alaska House was determined to be a fire hazard by the State Fire Marshal on January 6, 1964. 5. That said fire hazard has not been abated or corrected as of the time of the public hearing held December 21, 1964.. 6. :,~hat the said Alaska House was determined to be a health hazard as reflected on September 11, 1963, by the District Sanitarian for the State of Alaska. 7. That the said health hazard had not been abated or corrected as of the time of the public hearing held on December 21, 1964. 8. That all orders of the State Fire Marshal's office, the District Sanitarian, and the City of Seward have not been complied with, and the fire and health hazard existing in the Alaska House has not been corrected or abated by the said Ruth and Ralph Andrews. 9. That it is the determination of the Seward City Council sitting as a Board of Adjustments that said Alaska House, located upon Lot 23, Block 16, of the Original Townsite of Seward, Alaska, is a fire and health hazard. WHEREFORE, in accordance with Section 2.103, Seward Code of Ordin- ances, the Seward City Council sitting as a Board of Adjustments enters the following orders in this Resolution: 1. That the said Ralph and/or Ruth Andrews are ordered to abate said hazards by correcting each and every violation set forth in the inspection reports of the District Sanitarian for the State of Alaska, the report of the sanitary inspection made by the Division of Health for the State of Alaska, and set forth in the report of the State Fire Marshal's inspection of the said building not later than June 30, 1965. 2. That the said correction pertaining to the fire hazard shall meet or exeeed standards set forth and regulated by the City of Seward Building, Electric, and Fire Safety Codes, which are respectively the unifor building code of the International Conference of Building Officials, the National Electric Code and the Fire Safety Code of the State of Alaska. 3. That no corrections, repair or remodeling requiring a building permit shall be commenced prior to the issuance of a building permit by the -2- r- t ~ l~~i ~~ ~ :J r; \<i' C 0\1'11 . \ . 1 C rf' / COOl \t..,i; \ I'J , .. [!lJ"'UU4-=,y .!!-U4.!! ,q;~w,;y 2-/115/ 'v~a,.'...,'~ City of Se~ard, in conformance ~ith the existing regulations. 4. That the said manner and nature of the corrections, repairs, and alterations contemplated by the said Ralph and Ruth Andre~s, shall be sub- mitted to the City Manager--Building Inspector in detail and in ~riting for his approval. All plans and specifications required for the issuance of a building permit and the aforementioned described schedule ~anner of cor- tqiof:; shall be filed with the City Manager not later/March 1, 1965. 5. In the event that the said Ralph and/or Ruth Andre~s elect or rections choose not to comply with the foregoing orders, they are hereby ordered to abate said fire and health hazards by demolition and removal of the said bUilding, kno~n as the Alaska House, not later then June 30, 1965. 6. In the event of such election, the said Ralph and/or Ruth Andrews shall secure from the City of Seward the necessary building permit for the demolition and removal of the said bUilding, known as the Alaska House, prior to March 1, 1965. 7. In the event that the said Ralph and/or Ruth Andrews do not fully comply with the preceding orders of the Seward City Council sitting as a Board of Adjustments, the City Manager is hereby ordered and instructed to take the necessary steps under the prOVisions of Section 2.105 of the Seward Code of Ordinances for the removal or demolition of the said Alaska House located on Lot 23, Block 16 of the Original To~nsite of Seward, Alaska. 8. The cost of such abatement by removal and demolition will be chargeable against the property, first against the salvage material, which may be sold at pUblic auction, and the balance of the cost, if any, against the land to become a lien thereon, the same as real property taxes levied by the City of Se~ard. 9. The said Ralph and/or Ruth Andre~s shall appeal these orders and this Resolution within ten (10) days from the adoption of this Resolution. Thie Resolution to be in full force and effect immediately upon passage and approval. sitting Passed and approved by The common~lncil of the as a Board of Adjustments this l)j UGday of ;' , 1965. City of Seward Attest: ~ -+- . c2d3 ZL ~~~ (.L, , ea rlce E. wa~s :,(; City Clerk-Treasurer -3-