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But time has taken it's toll and after two fires and years of legal battles over saving the historic structure, the city says the dilapidated Kozy is not just an eye sore, but a public safety issue.

Falling bricks and a 20 foot pipe from the Kozy Bar and Apartments building in Duluth has caused the city to close the sidewalks surrounding it for its public safety hazard.

On Wednesday city workers responded to the corner of First Street and Second Avenue East because bricks were falling and a 20-foot long section of pipe was threatening to fall onto the sidewalk. 

"We're commmitted to going through the legal process and again just wanted to take this step because again we wanted to make sure that anyone that's walking around the building is safe and we are dedicated to defending public safety so this is unfortunately the action we had to take to do that," said Kate Van Daele, Duluth Public Information Officer.

A legal stay was granted last week, shielding the building from destruction. But the state statute suggests the stay is not effective until the appellants post a $50,000 bond. As of Thursday afternoon the city says the preservation group has not come up with the money. 

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