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HomeMy WebLinkAbout2000-014 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 00-14 RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5025 EWING AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55429 LEGALLY DESCRIBED AS Lot 13, Block 2, Twin Lake Woods 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, Minnesota Statutes §463.15 et seq defines a hazardous building or hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, Brooklyn Center City Ordinances Chapters 19-103 specifically defines as nuisances and prohibits the same, the presence on any real property of any accumulation of rubbish, garbage, junk, disused furniture, appliances, equipment, junk motor vehicles, building materials, scrap lumber and construction debris, and the like; and WHEREAS, Brooklyn Center City Ordinances Chapters 19-1303 prohibits the keeping, placing or storing or permitting the parking or storing of an inoperable vehicle on private lands not within a building; and WHEREAS, the correction of hazardous conditions and the abatement of public nuisances is necessary to protect the health, safety and welfare of the public by elimination of dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats and other animals who may pose a danger to the public safety and health and to provide for the proper storage of refuse and garbage, debris and junk thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods by prohibiting the storage of junk and other refuse in residential areas; and WHEREAS, City Inspectors have inspected the above-described premises in October, November and December 1999, and observed that the entire backyard was piled with debris ranging from four to ten feet in height, consisting of tarps, wood scraps, metal scraps, buckets, pails, pottery, plastic jugs, cans, chairs, lawn mowers, cardboard boxes, windows, rugs, carpet scraps, gas cans, wrappers and other miscellaneous debris, and the presence of a junk vehicle, to-wit: Minnesota registration 445-GMU, which does not have current registration and which is covered and filled with miscellaneous debris, in violation of City Ordinances; and RESOLUTION NO. 00-14 WHEREAS, the City Council adopts the findings of the Housing Inspectors as to the hazardous conditions on said property and the dilapidation to the single family home thereon, and WHEREAS, the owner of record of'said real property is Violet Wanda Brunner; and WHEREAS, Violet Wanda Brunner was previously served with Compliance Orders from the City of Brooklyn Center requiring abatement of all of the nuisances and hazardous conditions recited herein, and WHEREAS, Violet Wanda Brunner',has failed and refused to comply with said Compliance Orders. NOW, -THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER THAT: 1. The City Council finds that the single-family dwelling at 5025 Ewing Avenue North, Brooklyn Center, Minnesota 55429 is a hazardous building because of the presence of debris in the backyard of said property ranging from four feet to ten feet in height. 2. The City Council fords that the condition of the premises at 5025 Ewing Avenue North, Brooklyn Center, Minnesota 55429 constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes §463 and Brooklyn Center Ordinances Chapters 19 due, to the presence of debris piled in the backyard ranging from four to ten feet in height, including tarps, wood scraps, metal scraps, buckets, pails, pottery, plastic jugs, cans, chairs, lawn mowers, cardboard boxes, windows, rugs, carpet scraps, gas cans, wrappers and other miscellaneous debris, and the presence of a junk vehicle, to-wit: Minnesota registration 445-GMU, which does not have current registration and which is covered and filled with miscellaneous debris, in violation of City Ordinances; and 3. The abatement of nuisances at 5025 Ewing Avenue North, Brooklyn Center, Minnesota 55429 by the removal of all debris, junk, motor vehicles and the like, recited herein, is hereby ordered by the City Council of the City of Brooklyn Center as follows: (a) Remove all junk motor vehicles, garbage, wood scraps, metal scraps, lawn mowers, carpet scraps, debris and the like as recited herein. (b) Store all garbage in rodent free and fly-tight containers. The City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all actions and proceedings herein, including administrative time, attorney's 2 fees, costs and disbursements, and all other costs of the enforcement of this Order, and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. Dated: January 10. 2000 ATTEST) `/~ffl.Ad5-7 , C +j C1erK Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Ed Nelson and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Debra Hilstrom, Kay Tasman, Ed Nelson, and Robert Peppe; and the following voted against the same: none; whereupon said Resolution was duly passed and adopted. 3 ORDER FOR THE CORRECTION OF HAZARDOUS CONDITIONS AND THE ABATEMENT OF PUBLIC NUISANCES EXISTING AT 5025 EWING AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55429 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders Violet Wanda Brunner, to correct those hazardous conditions and to abate those public nuisances existing at 5025 Ewing Avenue North, Brooklyn Center, Minnesota 55429, which has been declared to be a hazardous property and a public nuisance within the meaning of Minn. Stat. Chapter 463.15 et seq and constituting public nuisances and other violations under Chapters 19 of the Ordinances of the City of Brooklyn Center, and to correct and resolve said hazardous conditions and to abate all public nuisances and to correct and resolve all Ordinance violations within thirty (30) days from the date of service of this Order and Resolution upon you. If there is no compliance with this Order, a Motion for summary enforcement of this Order shall be made to the Hennepin County District Court unless an Answer is filed herein within twenty (20) days of the date of service of this Order upon said parties pursuant to Minnesota Statute §463.18. If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order then the City of Brooklyn Center shall cause the hazardous conditions to be corrected and all public nuisances abated and all Ordinance violations corrected and all costs of the correction of hazardous conditions, the abatement of nuisances and other actions required by this Order, including filing fees, publication fees, attorney's fees, witnesses fees, administrative time and the like shall be a lien against the real property on which said conditions and violations were located, said lien to be levied and collected only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provision of Minnesota Statute §463.161. CITY OF BROOKLYN CENTER Dated: Michael McCauley, City Manager 1 2