The URL can be used to link to this page

Home My WebLink About1999-204 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 99-204 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 6442 COLFAX AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430, LEGALLY DESCRIBED AS LOT 1, HOHENSTEIN'S SECOND 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 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 Chapter 12-504 requires the owner of any premises to maintain electric outlets and electric fixtures in good and safe working condition; and WHEREAS, Brooklyn Center City Ordinances Chapter 12-702 requires the owner of any premises to maintain exterior walls, substantially water tight and protected against vermin and rodents and in sound condition and repair; and WHEREAS, Brooklyn Center City Ordinances Chapter 12-711 requires the owner of any .premises to maintain the owner's yard, consistent with prevailing community standards; 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 RESOLUTION NO. 99-204 -l - 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 18 and 29,1999, and found that the single-family home thereon is in poor condition, that siding is missing from the single family dwelling and garage, such that neither is water tight, that City Officials observed hazardous wiring located on the exterior of the single family dwelling and garage which was not in good and safe working condition, and that the inspection by City Officials has further found numerous Statutory and Ordinance violations on said property, including the storage of great quantities of auto parts, tires, a metal lath, doors, plywood, carpet, a dog house, wood, and other miscellaneous debris, tall grass, and the premises of a vehicle, license number BBA-772, without current registration, all of which are 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 Richard A. Hartfiel and Cynthia Louise Hartfiel, husband and wife as joint tenants; and WHEREAS, said property is encumbered by a mortgage dated 26 January 1998 in favor of Provident Consumer Financial Services, Inc., which was assigned on 15 April 1999 to Bankers Trust Company and a Sheriff's foreclosure sale was held on 6 August 1999; and WHEREAS, said property is encumbered by a mortgage dated 12 June 1998 in favor of Provident Consumer Financial Services, Inc., which was assigned on 9 February 1999 to Bankers Trust Company and a Sheriff's sale was held on 30 July 1999; and WHEREAS, Richard and Cynthia Hartfiel were 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, Richard and Cynthia Hartfiel 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: 2 RESOLUTION NO. 99-204 1. The City Council finds that the single-family dwelling at 6442 Colfax Avenue North, Brooklyn Center, Minnesota 55430, is a hazardous building because of inadequate maintenance, dilapidation, physical damage, and the like. 2. The City Council finds that the condition of the premises at 6442 Colfax Avenue North, Brooklyn Center, Minnesota 55430, constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes §463 and Brooklyn Center Ordinances Chapters 19 and 12 due to missing siding on the single family dwelling and garage, such that neither is water tight, hazardous wiring on the exterior of the single family dwelling and garage, which is not in good and safe working condition, and the presence- of the storage of great quantities of auto parts, tires, a metal lath, doors, plywood, carpet, a dog house, wood, and other miscellaneous debris, tall grass, and the premises of a vehicle, license number BBA-772, without current registration, all of which are in violation of City Ordinances; and 3. The repair to the exterior of the single family dwelling and garage and the abatement of nuisances thereon by removal of all of the debris, junk, motor vehicles, construction equipment and the like, recited herein, is hereby ordered by the City Council of the City of Brooklyn Center as follows: a. Repair and/or of the missing siding on the single family dwelling and garage in a good and workmanlike manner such that the exterior of the home and garage shall be watertight, in sound condition and afford protection against the intrusion of water and dampness as required by Chapter 12 of the City Ordinances. b. The removal of all junk motor vehicles, scrap lumber, auto parts, tires, tall grass, refuse, debris and the like 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. December 13, 1999 Date ATTEST: \Iwiyu~ City Clerk Mayor 3 RESOLUTION NO. 99-204 k- The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom , 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. I S. 4 ORDER FOR THE CORRECTION OF HAZARDOUS CONDITIONS AND THE ABATEMENT OF PUBLIC NUISANCES EXISTING AT 6442 COLFAX AVENUE NORTH BROOKLYN CENTER, MINNESOTA 55430 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders Cynthia Louise Hartfiel, Richard A. Hartfiel and Bankers Trust Company of California, N.A., to correct those hazardous conditions and to abate those public nuisances existing at 6442 Colfax 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 12 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 1 2