GRAND FORKS CITY COUNCIL

FINDINGS OF FACT, CONCLUSION OF LAW

AND ORDER

ON

THE APPEAL OF CITY ENGINEER’S

ORDER OF DEMOLITION FOR DANGEROUS BUILDING
LOCATED AT 2021 S. WASHINGTON STREET, GRAND FORKS
(A/K/A THE AMBASSADOR MOTEL)

[¶1] This matter came before the City Council as the result of the City Engineer’s June 7, 2021
Order of Demolition on Dangerous Building Located at 2021 S. Washington Street, Grand Forks,
ND, a/k/a the Ambassador Motel (the “Demolition Order”). See Hearing Exhibit 11. The building
located at 2021 S. Washington Street, Grand Forks is commonly referred to as the Ambassador
Motel and will be referred in this Order as the “Property.”
[¶2] Based on recorded documents Kenton McGregor (“McGregor”) has an ownership in the
Property individually and/or as Trustee of the Ivan R. Irrevocable Trust U/D/T dated September, 2004,
also known as the Ivan Support Trust.

[¶3] McGregor by letter June 11, 2021 appealed the Demolition Order pursuant to Grand Forks
City Code § 19-0710. See Hearing Exhibit 13.
[¶4] Pursuant to Grand Forks City Code § 19-0710(3), the City Council scheduled the hearing
on McGregor’s appeal for June 21, 2021 at 5:30 pm at the Council Chambers, Grand Forks City
Hall, 255 North 4th Street, Grand Forks, North Dakota 58203.
[¶5] A formal notice of hearing on the appeal was personally served on Mr. McGregor on June
15, 2021. See Hearing Exhibit 15.
[¶6] The City Council conducted the hearing on McGregor’s appeal on June 21, 2021, and
appearing were City Attorney Daniel Gaustad and Assistant City Attorney Ella Braaten,
McGregor, Chief Building Official and Building Inspections Director Brandon Boespflug, and
Fire Chief Gary Lorenz.
[¶7] The City Council was presented with the following exhibits that were made part of the
record for this matter and considered by the City Council in rendering its decision:
1. The following documents filed in the civil case of City of Grand Forks v.
McGregor, Grand Forks County District Court case no. 18-2021-CV-726:

(a) Complaint of the City of Grand Forks. Hearing Exhibit 1.

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 (b) April 14, 2021 Affidavit of Brandon Boespflug in Support of Temporary
Restraining Order and Preliminary Injunction, with exhibit A attached
thereto. Hearing Exhibit 2.

(c) April 14, 2021 Affidavit of Matt Hageman in Support of Temporary

Restraining Order and Preliminary Injunction. Hearing Exhibit 3.

(d) April 14, 2021 Affidavit of Brian Geatz in Support of Temporary

Restraining Order and Preliminary Injunction. Hearing Exhibit 4.

(e) April 14, 2021 Affidavit of Gary Lorenz in Support of Temporary

Restraining Order and Preliminary Injunction. Hearing Exhibit 5.

(f) April 14, 2021 Affidavit of James Quigley in Support of Temporary

Restraining Order and Preliminary Injunction. Hearing Exhibit 6.

(g) April 22, 2021 Temporary Restraining Order issued by the District Court
Judge Donald Hager. Hearing Exhibit 7.

(h) May 17, 2021 Supplemental Affidavit of Brandon Boespflug in Support of

Motion for Preliminary Injunction. Hearing Exhibit 8.

(i) May 17, 2021 Supplemental Affidavit of Matt Hageman in Support of

Motion for Preliminary Injunction. Hearing Exhibit 9.

(j) May 20, 2021 Findings of Fact, Conclusions of Law and Order for
Preliminary Injunction issued by the District Court Judge Donald Hager.
Hearing Exhibit 10

2. The Demolition Order. Hearing Exhibit 11.

3. Affidavit of Personal Service of service of the Demolition Order upon

McGregor. Hearing Exhibit 12.

4. June 11, 2021 appeal by McGregor of the Demolition Order. Hearing Exhibit
13.

5. June 15, 2021 Notice of Appeal Hearing on City Engineer’s Order of

Demolition for Dangerous Building Located at 2021 S. Washington Street
(a/k/a The Ambassador Motel). Hearing Exhibit 14.

6. Affidavit of Personal Service of the June 15, 2021 Notice of Appeal Hearing
upon McGregor. Hearing Exhibit 15.
[¶8] The City Council took evidence, including the exhibits described in Paragraph 7 and heard
testimony and from such evidence and testimony, the City Council hereby issues the following
findings of fact and conclusions of law:

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 FINDINGS OF FACT AND CONCLUSIONS OF LAW
[¶9] This matter arises out of a complaint made by a disabled occupant of the Property regarding
conditions of the premises. Hearing Exhibit 2; Hearing Exhibit 10.
[¶10] Upon receiving this complaint, employees from the Grand Forks Fire Department, Grand
Forks Public Health, and the City’s Inspections Department conducted an inspection of the
Property on March 31, 2021. See Hearing Exhibits 2-6. During this inspection, Fire Department
employees identified various Fire Code violations, including defective, dilapidated and
deteriorated conditions of the Property’s fire alarm system, smoke and carbon monoxide detectors,
as well as several egress issues, along with a significant amount of combustible and flammable
materials stored in the basement. Id.
[¶11] During a subsequent inspection on April 2, 2021, Fire Marshal Matt Hageman
photographed the observed violations at the Property, which cumulatively created an emergency
situation requiring immediate remediation. See Hearing Exhibit 3.
[¶12] In addition, numerous health and safety issues were also observed at the Property by Grand
Forks Public Health, including accumulations of dirt and debris, accumulations of clutter hindering
or preventing cleaning and proper ingress/egress, evidence of deterioration and visible mold
growth, gas cans potentially releasing harmful fumes and posing a fire hazard, and cigarette butts
littering the basement. See Hearing Exhibits 2 and 6. The City’s Inspections Department likewise
noted multiple safety concerns and unfit living conditions. See Hearing Exhibit 2.
[¶13] Through the inspection efforts, it was also found that the Property is in violation of Grand
Forks City Code as a result of the Property not being licensed as either a hotel (pursuant to City
Code Ch. XXI, art. 11) nor possessing a certificate of occupancy for renting, leasing, release or
subletting the premises (pursuant to City Code Ch. XIX, art. 19). See Hearing Exhibits 2 and 6.
[¶14] Following the City’s March 31st and April 2nd inspections, and upon consideration of the
findings thereof and the information obtained from the City Fire Department and Grand Forks
Public Health, Mr. Boespflug determined that collectively, the violations, defects, and dilapidated
and deteriorated conditions of the Property rendered the Property a dangerous building and unsafe
for human habitation because the Property (a) is a fire hazard, (b) has exits, stairways, and
passageways that are unsafe and are inadequate means of exit in case of fire and panic, (c) is a
clear and inimical threat to human life, safety, or health and is unsafe to occupy, (d) is unfit for
human habitation or likely to cause sickness or disease, and (f) constituted a public nuisance. See
Hearing Exhibit 2.
[¶15] After making this determination, Mr. Boespflug delivered to McGregor a letter dated April
8, 2021, with citation to the Grand Forks City ordinances requiring all occupants to vacate the
premises within forty-eight (48) hours due to the existing imminent health and safety hazards. See
Hearing Exhibit 2. This letter also required McGregor to abate the nuisance and conditions
rendering the Property a dangerous building. Id.
[¶16] On April 5, 2021, the City of Grand Forks, by and through its City Attorney’s Office, filed
a motion for temporary restraining order and preliminary injunction along with supporting
affidavits, with the Grand Forks County District Court, after occupants of the Property refused to

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vacate the premises within the allotted timeframe or to otherwise comply with the directive of the
City. See Hearing Exhibits 1-6.
[¶17] On April 22, 2021, the District Court issued a temporary restraining order, precluding any
and all individuals from occupying, residing, staying within, or using the Property as a place of
habitation. See Hearing Exhibit 7.
[¶18] On April 23, 2021, the Grand Forks Fire Department responded to a fire at the Property.
See Hearing Exhibit 9 & 10. The two rooms where the fire ignited sustained significant water and
fire damage, with the remainder of the building suffering substantial smoke damage. Id. While
these rooms are separated by concrete cinderblocks, the potential existed for the fire to have spread
through doors, windows, floors, or through the roof. Id. According to the Fire Department, a
significant risk of the first floor collapsing exists had this fire, or any other fire, ignited in the
basement, considering the amount of combustible materials and exposed wooden floor boards
located within the basement. Id.
[¶19] After the April 23rd fires, windows and doors throughout the Property were boarded up and
screwed shut and the overall defective and dilapidated condition of the Property became
considerably worse. Id. Such conditions and defects of the Property continue to remain in
existence as of the date of today. Id.; Testimony of Brandon Boespflug and Fire Chief Gary
Lorenz.
[¶20] On May 12, 2021, a hearing was held at the Grand Forks County Courthouse on the City’s
Motion for Preliminary Injunction. See Hearing Exhibit 10. McGregor was present at this hearing
and was given the opportunity to contest the City’s motion and to present evidence as to why the
preliminary injunction should not be granted. Id.
[¶21] The District Court issued its Findings of Facts, Conclusions of Law and Order for
Preliminary Injunction, restraining all persons from occupying, residing, staying within or using
the Property as a place of habitation and further authorizing the City to take all necessary and
authorized actions, processes, and remedies to restrain all persons from doing the same. See
Hearing Exhibit 10.
[¶22] On June 7, 2021, and based on the evidence presented to the District Court and the District
Court’s order for preliminary injunction, City Engineer Allen Grasser, pursuant to City Code § 19-
0708, issued an order of demolition for the Property, in which he concluded the Property is a
dangerous building posing an imminent danger to the life, health, property or safety of the public
or its occupants. See Hearing Exhibit 11.
[¶23] On June 7, 2021, McGregor appealed the City Engineer’s Demolition Order, which
resulted in the June 21, 2021 hearing. See Hearing Exhibit 13.
[¶24] The City Council finds substantial evidence exists that the Property is a dangerous building,
as defined in City Code § 19-0704, and that demolition of the Property is warranted.

[¶25] NOW THEREFORE, BASED UPON THE FOREGOING, AND UPON MOTION
PROPERLY MADE, SECONDED AND CARRIED, IT IS HEREBY ORDERED BY THE
GRAND FORKS CITY COUNCIL:

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[¶26] The City Engineer’s Demolition Order is affirmed, in total.
[¶27] McGregor shall demolish the Property as soon as practicable and no later than the date and
time determined by the Chief Building Official/Building Inspections Director Brandon Boespflug.
[¶28] Chief Building Official/Building Inspections Director Brandon Boespflug is directed and
shall provide to McGregor written notice of the date in which the demolition of the Property shall
be completed.
[¶29] In the event McGregor fails to comply with this Order, including by failing to demolish the
Property by the date determined by Chief Building Official/Building Inspections Director Brandon
Boespflug, the demolition of the Property as a public nuisance and dangerous building shall be
performed by the City of Grand Forks, without further notice to McGregor, and the costs incurred
as a result of such demolition shall be charged against the Property by special assessment.
[¶30] DATED this ___ day of June, 2021.

CITY OF GRAND FORKS

_________________________________
Brandon Bochenski, Mayor
Dated: ___________________________

ATTEST:

_____________________________
Maureen Storstad, City Auditor
Date: _______________________