HomeMy WebLinkAbout2022-063 CCR Member Graves introduced the following resolution and moved its adoption:
RESOLUTION NO. 2022-63
A 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, on March 14, 2022, the City Council adopted Resolution No. 2022-
ordering the abatement of conditions creating a public nuisance property at the Subject Property,
including the abatement of junk, trash and debris from the Subject Property; and
WHEREAS, Resolution No. 2022-33 is attached hereto as Exhibit B and is incorporated
herein by reference; and
WHEREAS, on March 28, 2022, in accordance with Resolution No. 2022-33, the City
abated the junk, trash and debris from the Subject Property that the Owner failed to remove, and
City staff confirmed that the Subject Property does not have an active trash removal service with
the previous garbage hauler for the Subject Property; and
WHEREAS, City staff conducted physical inspections of the Subject Property on April 27,
2022, May 4, 2022, May 16, 2022 and May 27, 2022; and
WHEREAS, during each of the aforementioned inspections, staff observed an
accumulation of junk, trash and debris on the Subject Property, and on May 4, 2022 and May 27,
2022, staff discovered that additional trash had been added to the original pile of trash on the
Subject Property; and
WHEREAS, on April 27, 2022 and May 4, 2022, compliance 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,on May 4,2022 and May 27,2022,administrative citations were issued to the
Owner for the accumulation and storage of garbage,junk and debris on the Subject Property; and
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RESOLUTION NO. 2022-63
WHEREAS, on June 8, 2022 a final compliance notice was issued to the Owner, which
notified the Owner that if he failed to bring the Subject Property into compliance, the City would
pursue abatement or additional enforcement actions at its regular meeting on June 27, 2022; 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 June 27, 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.
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.
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RESOLUTION NO. 2022-63
June 27, 2022f
Date Mayor
•
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Lawrence-Anderson
and upon vote being taken thereon, the following voted in favor thereof:
Butler, Elliott, Graves, 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
Legal Description of the Subject Property
Lot 4, Block 3, Bobendriers Addition, Hennepin County, Minnesota.
A-1
Exhibit B
Resolution No. 2022-
(attached hereto)
B-1