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HomeMy WebLinkAbout1999-075 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 99-75 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 6218 LILAC DRIVE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 1, CAMERON ADDITION, HENNEPIN COUNTY, MINNESOTA. WHEREAS, Minnesota Statute §463.15 et seq. define 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 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 7 and 19 specifically defines as nuisances and prohibits the same, the presence on any real property of garbage not stored in rodent free and fly tight containers or garbage stored so as to emit foul and disagreeable odors or garbage stored so as to constitute a hazard to public health; and WHEREAS, Brooklyn Center City Ordinances Chapter 7 requires that all refuse must be disposed of in a sanitary manner so as to not constitute a nuisance and the contents of such containers must be collected at least once every week by a licensed refuse collector; 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 the 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 June and July, 1998 and in February and April 1999 and found that the real property of the single-family home thereon contains raw garbage strewn about the ground, open bags of garbage with strong odors emitted therefrom, blue tarps lying on the ground, lumber Resolution No. 99-75 scraps and boards, tires, a gas jug and metal scraps strewn about the property along with a large unlicensed trailer, full of debris and covered with a blue tarp on the property. WHEREAS, the City Council adopts the findings of the Housing Inspectors as to the hazardous conditions on said property and the dilapidation of the single family home thereon; and WHEREAS, the owner of record of said property is Romane J. Rademacher; and WHEREAS, City records indicate that the tenants of said property are Wendy Rademacher and Keith Rademacher; and WHEREAS, said property is encumbered by a mortgage dated September 2, 1997 in favor of AMRESCO Residential Mortgage Corporation; and WHEREAS, Romane J. Rademacher was previously served with Compliance Orders from the City of Brooklyn Center requiring abatement of all the nuisances and hazardous conditions recited herein; and WHEREAS, Romane J. Rademacher has 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 located at 6218 Lilac Drive North, Brooklyn Center, Minnesota 55430 is a hazardous building because of inadequate storage of garbage, inadequate garbage service, inadequate maintenance, dilapidation, physical damage and the like. 2. The City Council finds that the condition of the premises at 6218 Lilac Drive North, Brooklyn Center, Minnesota 55430 constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes Chapter 463 and Brooklyn Center Ordinances Chapters 12 and 19 due to the storage of raw garbage on the ground, open bags of garbage with strong odors emitted therefrom, blue tarps lying on the ground, lumber scraps and boards, tires, a gas jug and metal scraps strewn about the property along with a large unlicensed trailer, full of debris and covered with a blue tarp on the property. Resolution No. 99-75 3. The abatement of nuisances of said single family dwelling and the repair of said dwelling is hereby ordered by the City Council of the City of Brooklyn Center as follows: a. The removal of all plastic bags of garbage, blue tarps lying on the ground, lumber scraps and boards, tires, a gas jug and metal scraps on the property and any garbage, refuse debris, unlicensed and/or inoperable vehicles and like as recited herein. b. The institution of regular garbage collection services from a licensed refuse hauler as required by City Ordinances. 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 and costs and disbursements and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. Mav 10, 1999 V44~*~~ Date Mayo ATTEST: ~Z -KI ~ City Clerk 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, Fri Nelson, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.