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<br />~ <br /> <br />~ <br /> <br />RESOLUTION NO. 84-68 <br /> <br />RESOLUTION ORDERING SECURING <br />OF SWIMMING POOL LOCATED AT <br />SILVER LAKE ESTATES, SOUTH OF <br />2322 AND 2320 SILVER LANE <br /> <br />BE IT RESOLVED by the City Council of the City of New <br />Brighton as follows: <br /> <br />FINDINGS <br /> <br />1. The structure is a swimming pool located upon land <br />at Silver Lake Estates, south of 2322 and 2320 Silver Lane <br />In the City of New Brighton, the legal description of which <br />is shown on Exhibit A, attached hereto and hereby made a <br />part hereof. <br /> <br />2. The structure sustained substantial physical <br />damage as a result of the April 26, 1984 tornado and storm <br />which struck the structure, partially destroying the fence <br />around the structure, and filling the structure with water <br />and debris. <br /> <br />3. The structure is unoccupied and susceptible to <br />trespass and is an attractive nuisance to children. <br /> <br />4. The structure and the surrounding fence are in such <br />an advanced stage of damage and disrepair that persons <br />coming into the structure are subjected to hazardous conditions <br />including the substantial risk of drowning or injury. <br /> <br />5. The structure would be made sufficiently safe <br />adequately to protect the public health and safety on a <br />temporary basis if it were secured by repairing the fence <br />around the structure. <br /> <br />CONCLUSIONS <br /> <br />1. Based upon the foregoing, the City Council concludes <br />that the structure located at Silver Lake Estates, south of <br />2322 and 2320 Silver Lane constitutes a hazardous building <br />within the meaning of Minnesota Statutes 1982, Section <br />463.15 and as such is a fire hazard and hazard to the public <br />health and safety. <br />