HomeMy WebLinkAbout2000-015 CCRMember Ed Nelson introduced the following resolution and moved its adoption:
RESOLUTION NO. 00-15
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 7000 OLIVER AVENUE NORTH,
BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS
Lot 12, Block 9, in Hipp's East Palmer Lake 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 Chapter 7-102 specifically requires the owner
of any premises to obtain service from a licensed refuse hauler to collect refuse at least once every
week; 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 5-201 adopts and incorporates the
Uniform Fire Code which prohibits the storage of combustible rubbish in non-approved containers
and prohibits combustible vegetation determined to be a fire hazard; 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 on 3 November
1999 and discovered a large amount of combustible debris, constituting a fire hazard to the property
as well as adjacent properties, including wood scraps, metal pipes, tarps, shovels, pallets, fencing,
plastic pipes, hoses, plastic chairs, lawn chairs, shelves, screens, sections of gutters, umbrellas, a
RESOLUTION NO. 00-15
charcoal grill, wooden tables, a weed trimmer, a makeshift shed, combustible vegetation, and other
miscellaneous debris, in violation of. City Ordinances; and
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 owners of record of said real property are Roger M. Quast and Joyce A.
Waalk Quast, a/k/a Joyce A. Waalk, a/k/a Mrs. Roger M. Quast, a/k/a Joyce A. Waalk-Quast; and
WHEREAS, said property is encumbered by a mortgage dated 26 January 1990 in favor of
Avco Financial Services, 9424 Lyndale Avenue South, Bloomington, Minnesota; and a mortgage
dated 26 December 1991 in favor of Norwest Financial Minnesota, Inc., 8028 Olson Memorial
Highway, Golden Valley, Minnesota 55427; and a mortgage dated 15 December 1997 in favor of
Ameriquest Mortgage Company, P.O. Box 11507, Santa Ana, California 92711; and
WHEREAS, Roger M. Quast and Joyce A. Waalk Quast were previously served with
Compliance Orders from the City ofBrooklyn Center requiring abatement of all of the nuisances and
hazardous conditions recited herein, and
WHEREAS, Roger M. Quast and Joyce A. Waalk Quast have 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 7000 Oliver Avenue North,
Brooklyn Center, Minnesota 55429 is a hazardous building because of the presence
of garbage, rubbish, combustible vegetation, and the like, constituting a fire hazard.
2. The City Council finds that the condition of the premises at 7000 Oliver 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 5, 7 and 19 due to the presence of combustible debris,
constituting a fire hazard to the property as well as adjacent properties, including
wood scraps, metal pipes, tarps, shovels, pallets, fencing, plastic pipes, hoses, plastic
chairs, lawn chairs, shelves, screens, sections of gutters, umbrellas, a charcoal grill,
wooden tables, a weed trimmer, a makeshift shed, combustible vegetation, and other
miscellaneous debris, in violation of City Ordinances; and
3. The abatement of nuisances and fire hazards at 7000 Oliver Avenue North, Brooklyn
Center, Minnesota, by the removal of all rubbish, debris, garbage and the like, recited
herein, is hereby ordered by the City Council of the City of Brooklyn Center as
follows:
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RESOLUTION NO. 00-15
(a) Remove all garbage, wood scraps, metal pipes, pallets, chairs, combustible
materials, debris and the like, as recited herein.
(b) Store all refuse on the premises in required containers and dispose of all
refuse in a sanitary manner.
(c) Clear the premises of combustible vegetation.
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
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
Mayor
ATTEST:
+y ej&rK
The motion for the adoption of the foregoing resolution was duly seconded by member
Debra Hi 1 s trom and upon vote being taken thereon, the following voted
in favor thereof:
Myrna Kragness, Debra Hilstrom, Kay ia.sman, Ed Nelson, and Robert Peppe;
and the following voted against the same:
none;
whereupon said Resolution was duly passed and adopted.
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ORDER FOR THE CORRECTION OF HAZARDOUS
CONDITIONS AND THE ABATEMENT OF
PUBLIC NUISANCES EXISTING AT
7000 OLIVER AVENUE NORTH,
BROOKLYN CENTER, MINNESOTA 55430
The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No.
herewith orders Roger M. Quast, Joyce A. Waalk Quast, a/k/a Joyce A. Waalk, awa
Joyce A. Waalk-Quast, a/k/a Mrs. Roger M. Quast, Avco Financial Services, Norwest Financial
Minnesota, Inc., and Ameriquest Mortgage Company, to correct those hazardous conditions and to
abate those public nuisances existing at 7000 Oliver Avenue North, Brooklyn Center, Minnesota
55430, 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 5, 7 and 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 twenty (20) 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
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