HomeMy WebLinkAbout2022-033 CCR Member Elliott introduced the following resolution and moved its adoption:
RESOLUTION NO. 2022-33
RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS
CREATING A PUBLIC NUISANCE PROPERTY EXISTING AT 1208 57TH
AVENUE NORTH IN THE CITY OF BROOKLYN CENTER
WHEREAS, the property located at 1208 57th Avenue North, legally described in
the attached Exhibit A, contains a single-family dwelling (the "Subject Property") and is located
in the city of Brooklyn Center (the "City") in the R1 -One Family Residence zoning district; and
WHEREAS, according to public records, the Subject Property is owned by James
Fuhrmann (the "Owner"); and
WHEREAS, to the best of the City's knowledge, James Fuhrmann is the sole
occupant of the Subject Property; and
WHEREAS, City staff conducted physical inspections of the Subject Property on
November 8, 2021, November 15, 2021, November 22, 2021, November 30, 2021, December 3,
2021, December 14, 2021, December 22, 2021, January 7, 2022, January 12, 2022, January 18,
2022, February 1, 2022, February 14, 2022, February 28, 2022 and March 3, 2022; and
WHEREAS, on November 8, 2021, November 15, 2021 and November 22, 2021,
correction notices were posted at the Subject Property and were mailed to the Owner, notifying
the Owner of the violations of certain code provisions addressed herein,as well as the steps needed
to correct the conditions and associated deadlines; and
WHEREAS, during each of the aforementioned inspections, staff observed an
accumulation of refuse, rubbish and junk, including an overflowing garbage dumpster,
overflowing bins, junk furniture, full garbage bags, or other junk and debris in the front
yard/driveway of the Subject Property; and
WHEREAS, on December 22, 2021, an administrative citation was issued to the
Owner for the accumulation and storage of garbage and refuse on the Subject Property; and
WHEREAS, on January 28, 2022,the overflowing garbage dumpster was removed
from the Subject Property, but the accumulation and storage of garbage and refuse on the ground
had not been removed; and
WHEREAS, on February 1, 2022 and February 14, 2022, administrative citations
were issued to the Owner for the accumulation and storage of garbage and refuse on the Subject
Property; and
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RESOLUTION NO. 2022-33
WHEREAS, on February 24, 2022, a final compliance notice was issued to the
Owner, and on February 28, 2022, a physical inspection of the Subject Property revealed that the
accumulation and storage of garbage and refuse had not been removed from the Subject Property;
and
WHEREAS, a physical inspection was completed on March 3, 2022, and the
garbage and refuse remained on the Subject Property; and
WHEREAS, the City met and spoke with the Owner on a number of occasions to
discuss the condition of the Subject Property, issued administrative citations to the Owner, and
communicated to the Owner that if he failed to bring the Subject Property into compliance, the
City would institute additional enforcement action; and
WHEREAS, sections 7-102 and 7-105 of the Brooklyn Center City Code (the
"Code") deem it unlawful to store or accumulate any refuse on private property, unless such
accumulation is in a container permitted, and the contents disposed of, under other provisions of
the City Code; and
WHEREAS, section 19-101 of the Code deems it a public nuisance to maintain or
permit a condition which unreasonably annoys, injures or endangers the safety, health, morals,
comfort, or repose of any number of members of the public; and
WHEREAS, section 19-103 of the Code deems it a public nuisance to permit or
maintain the accumulation of rubbish and junk on real property; and
WHEREAS, sections 12-301 through 12-306 of the Code impose certain
requirements on the maintenance of personal property and on the storage and disposal of rubbish
and garbage; and
WHEREAS, the Owner has not corrected the aforementioned unlawful conditions
at the Subject Property and the City's deadlines as provided in the letters have passed; and
WHEREAS,pursuant to sections 7-105, 19-105, and 12-1206 of the City Code,the
City Council may order the abatement of certain violations by the City on any premises; and
WHEREAS, the City mailed the Owner 10 days' written notice indicating that at
its meeting on March 14, 2022,the City Council would consider a resolution deeming the Subject
Property a nuisance and ordering its abatement; and
WHEREAS,based on the information presented, the City Council has decided that
the condition of the Subject Property constitutes a public nuisance and violates local law and,
therefore, should be abated.
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RESOLUTION NO. 2022-33
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The City Council adopts, as factual findings, all of the above-listed Recitals, and finds
violations of all code provisions listed herein.
2. The condition of the Subject Property constitutes a public nuisance in light of these
violations.
3. Pursuant to its authority under the City Code, City staff is authorized to take necessary
steps to conduct the abatement of the aforementioned violations and assess the costs
thereof against the Subject Property.
March 14, 2022
Date Mayor
ATTEST: 14Lbg �Lj IL
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Ryan
and upon vote being taken thereon,the following voted in favor thereof:
Butler, Graves, Elliott, Lawrence-Anderson, Ryan
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
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Exhibit A
Lot 4, Block 3, Bobendriers Addition, Hennepin County, Minnesota.
A-1