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HomeMy WebLinkAbout2022-064 CCR Member Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2022-64 A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A PUBLIC NUISANCE PROPERTY EXISTING AT 5430 OLIVER AVENUE NORTH IN THE CITY OF BROOKLYN CENTER WHEREAS, the property located at 5430 Oliver 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 Patricia K. Wright and Seddrex Gates (the "Owners"); and WHEREAS, on October 25, 2021, the single-family dwelling located on the Subject Property sustained damage as a result of an attached garage fire that destroyed the garage; and WHEREAS,on March 29,2022,City staff completed an inspection of the Subject Property and found couches, black bags of debris, carpet, scrap metal, construction debris and other debris in the driveway; and WHEREAS, during the March 29, 2022 inspection, City staff attempted to make contact with the Owners while at the Subject Property, but they were unable to do so, and therefore, a compliance notice was posted on the front door of the Subject Property and was mailed to the Owners; and WHEREAS, City was subsequently informed by the City's Police Department that the Owners rented the property and that the Subject Property was occupied; and WHEREAS, the Owners do not have a rental license issued by the City and have not applied for a rental license for the Subject Property,and therefore,the Subject Property was posted as an unlicensed rental property; and WHEREAS, City staff conducted an inspection of the Subject Property on April 5, 2022, and it was noted that there were no improvements or efforts made to remove the couches, black bags of debris, carpet, scrap metal, construction debris and other debris in the driveway; and WHEREAS, during the April 5,2022 inspection, City staff noted an exterior light that was on and therefore,once again attempted to make contact with the occupants of the Subject Property. However,they were unable to do so, and therefore, a compliance notice was posted on the Subject Property and mailed to the Owners; and WHEREAS, on April 5, 2022, City staff also posted an initial compliance notice with regard to the repair of the fire damaged siding on the Subject Property and mailed the notice to the Owners; and 1 RESOLUTION NO. 2022-64 WHEREAS, City staff conducted an inspection on April 12, 2022, and a portion of the couches, black bags of debris, carpet, scrap metal, construction debris and other debris in the driveway had been abated,but the walls of the burnt garage remained on the Subject Property; and WHEREAS, City staff spoke with the contractor working on the Subject Property and was informed that the contractor would be returning to the Subject Property to remove the remaining parts of the garage; and WHEREAS, on April 15, 2022, a compliance notice was posted on the Subject Property and mailed to the Owners with regard to the removal of junk, trash and debris that remained on the Subject Property; and WHEREAS, City staff conducted an inspection on April 18, 2022 and noted no improvements with regard to the removal of the burnt garage walls and other debris,and therefore, the City issued an administrative citation for the junk, trash and debris remaining on the Subject Property, which was posted on the Subject Property and mailed to the Owners; and WHEREAS, City staff noted no improvements to the fire damage debris on the Subject Property during an inspection on April 29, 2022, and therefore, on May 3, 2022 a compliance notice to repair the exposed sheathing and fire damage was posted on the Subject Property and mailed to the Owners. Additionally, an administrative citation was issued for failure to repair the damaged siding; and WHEREAS, on May 9, 2022, City staff spoke with the occupant of the Subject Property and was informed that the fire debris and junk needed to be abated. The occupant stated that the contractor that had been hired was told he could not be on the Subject Property, and therefore,had not returned to complete the work; and WHEREAS, during the May 9, 2022 inspection, the occupant of the Subject Property was notified that the remaining debris had to be abated and brought into compliance and that a rental license had not been issued to the Owners for the Subject Property; and WHEREAS, City staff conducted inspections on May 10, 2022 and May 27, 2022 and no improvements or abatement were noted on the Subject Property; and WHEREAS, on May 10, 2022,an administrative citation was issued for the junk,trash and debris on the Subject Property, and on May 27, 2022, a compliance notice was mailed to the Owners with regard to the removal of the junk,trash and debris remaining on the Subject Property; and WHEREAS, City staff conducted an inspection on June 8,2022, and while there was some improvement and abatement with regard to the removal of junk,trash and debris from the Subject 2 RESOLUTION NO. 2022-64 Property, fire damage debris remained on the Subject Property and the fire damaged siding had not been repaired; and WHEREAS, on June 8, 2022 a final compliance notice was issued to the Owners, which notified the Owners that if they 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; 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 shas 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 Owners 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 RESOLUTION NO. 2022-64 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. _ June 27, 2022 Date ayor 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. 4 Exhibit A Legal Description of the Subject Property Tract B, Registered Land Survey No. 416, County of Hennepin, State of Minnesota. A-1