City of Rochester, Minnesota Phone: 507-328-2600
4001 W River Parkway NW, Suite 100 Fax: 507-328-2601
Rochester, MN 55901-7090 Email:
[email protected]March 22, 2023
NOTICE OF CONDEMNATION
PROPERTY OWNER
Loren Brueggemann
Bear Creek, LLC
30 Meyers Court
Novato, CA 94947
Property Manager
Andy Martin
Granite City Real Estate Partners
3900 Roosevelt Road, Ste. 125
St. Cloud, MN 56301
Rental Property: 1455 Marion Road SE
Certificate Number: R06-4594H
Certificate Expiration: March 1, 2021
Number of Units: 24
To Whom It May Concern:
As of March 22, 2023, it is the consensus of the Rochester Housing & Neighborhood Services Division,
Rochester Fire Department, Rochester Police Department, Olmsted County Housing Stability Team and
the City of Rochester that severe issues exist regarding the safety and the well-being of the tenants that
reside at this property. Per Rochester Code of Ordinances Sections 7-3-33 and 7-3-35, the property is
subject to condemnation due to the unsecure condition of the property, lack of domestic water, and failing
fire suppression or alarm system.
Due to the above, we are continuing our condemnation the building, and will work to commence
vacating the building today. Notice commences immediately at 12:00PM on March 22, 2023 and the
building will be placarded at this time. The City of Rochester will proceed to secure all lower level
entrances to the building including windows once households have vacated, and the cost of securing
the building will be assessed to the property. The fire watch must remain intact until all households
have vacated, and the property has been fully secured.
Once the following violations have been repaired, tenants will be allowed to return:
1. The fire suppression system is non-operational and needs to be repaired by a reputable
company, as per R.C.O. 7-8-24. (MNFC 901.7)
2. The door closers are not allowing the emergency fire doors and apartment doors to close and
latch on their own power. Repair or replace the door closures to allow the doors to close and
latch under its own power, as per R.C.O. 7-8-15. (MNFC 701.7)
3. The required hardwired smoke detectors are missing in numerous units; install smoke
detectors either on the ceiling or no more than 12” down from ceiling and no less than 4”
down from ceiling, as per R.C.O. 7-8-41. (MNFC 1103.8)
4. The fire extinguishers could not be visualized. There must be provided and installed in each
apartment or dwelling unit in buildings with three or more units at least: (a) one portable fire
extinguisher complying with the standards prescribed by the state fire code and having a
minimum rating of 1A10BC; or (b) one portable fire extinguisher complying with the standards
prescribed by the state fire code and having a rating of not less than 2A10BC provided and
installed within 50 feet of each apartment entrance, without intervening stairways. Fire
extinguishers must be mounted in a conspicuous location not more than 60 inches from the
finished floor. Each portable fire extinguisher must bear an inspection tag indicating service
within the past twelve months, a valid six-year maintenance label and valid hydrostatic test
label, as per R.C.O. 7-8-26.
5. There are numerous carbon monoxide detectors missing. Install the required detectors in the
hallways leading to the bedrooms, as per MN Statue 299F.50 issued by the State Fire Marshal
Division and as per R.C.O. 7-8-49. Note: The carbon monoxide detector must be located
within 10’-0” of each room lawfully used for sleeping purposes and not less than 3’-0” from
ventilation ducts. R.C.O. 7-8-49.
6. There are numerous plumbing issues in the building with missing copper piping, tub valves
missing and no domestic water service to the building. Restore the plumbing to full operation
by obtaining a Plumbing Permit and using a licensed contractor to repair the plumbing, as per
R.C.O. 7-6-11.
7. The locking mechanisms for the 2 egress doors, one in the front and one in the back are
inoperable. The front door does not allow tenants to exit from inside to the exterior in a locked
position and the back door has no locking mechanism to secure the door whatsoever. Repair
or replace the locking mechanisms, as per R.C.O. 7-4-39. Buildings of this size need 2 areas
of escape that are operable.
8. The entire exterior of the property has various access points for non-tenants. These will need
to be secured or boarded to eliminate the possibility of access. This includes but not limited to
air conditioning cut outs, sliding glass doors, windows, and front and back doors. Secure the
above so that access is only obtained by the tenant, as per R.C.O. 7-3-37.
9. Sanitary Notice of Owners:
The owners/management of this property shall keep the building clean an in a sanitary manner,
as per R.C.O. 7-3-12. This building is in need of a thorough cleaning, as per R.C.O. 7-4-44.
Numerous units in the building are missing front doors. Replace all the doors on the units that
are missing them as per R.C.O. 7-4-36.
10. There are numerous holes in the hallway ceilings throughout the building and in numerous
units vacant and occupied. Repair the ceilings in a workmanlike state of repair and maintained
so as to permit them to be kept in a clean and sanitary condition as R.C.0. 7-4-44.
Please let us know if you have any questions.
SALE OF PROPERTY
If this property sells before the required corrections are completed, it is the present owner's
responsibility to furnish the new owner with a copy of the required corrections. It shall also be the
present owner's responsibility to make whatever arrangements are necessary to have the listed
corrections completed within the allotted time. (R.C.O. 7-3-7)
Lori Jones
Lori Jones
Chief Rental Housing Inspector
[email protected]
(507) 328-2610
CC: Sgt. Greg Jeardeau, Community Action Team, Rochester Police Department
Chris Ferguson, Rochester Fire Department
Brent Carlson, Rochester City Attorney
Mary O’Neil-Housing Stability Team
