HomeMy WebLinkAbout1999-076 CCRMember KaY Lasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 99-76
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 7231 KNOX AVENUE NORTH, BROOKLYN CENTER,
MINNESOTA 55430 LEGALLY DESCRIBED AS TRACT F, REGISTERED
LAND SURVEY NO. 1409, 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 §12-317 and §12-711 require the
owner of a building to be responsible for providing and maintaining yards or combined
cover of vegetation, garden, hedges, shrubbery and related decorative materials
maintained in a manner consistent with community standards; and
WHEREAS, Brooklyn Center City Ordinances §12-707 and §12-702 provide that
all accessory structures or buildings be structurally sound and be maintained in good
repair and appearance, including being weather resistant and be free of deterioration,
holes, breaks, loose boards or rotting boards or timbers and any other condition which
might admit rain or dampness to the interior of the building; and
WHEREAS, Brooklyn Center City Ordinances §12-703 requires that every
window, exterior door and other exterior openings be substantially tight and kept in
sound condition and repair and be capable of being easily opened and constructed so as to
completely exclude rain, wind, vermin and rodents from entering the building and be
supplied with 16-mesh screens during the insect season; 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, July and September of 1998 and found numerous statutory and ordinance violations
Resolution No. 99-76
of said property including the presence of a large brush pile in the backyard and tall grass
along the fence line which included weeds, a garage door which needs scraping and
repainting with a lower panel that it was peeling and damaged, and numerous missing
windows and screens on the house and the garage, allowing weather elements and/or
vermin access into the residence and a boarded up garage window; and
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 owners of record of said property are Douglas A. Weaver and
Adolfo Ramos Maroquin as joint tenants; and
WHEREAS, said property is encumbered by a mortgages dated October 31, 1994
and January 18, 1997 in favor of Norwest Mortgage, Inc.; and
WHEREAS, Douglas A. Weaver 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, Douglas A. Weaver 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 7231
Knox 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 7231 Knox
Avenue 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 19 and 12 due to
the statutory and ordinance violations of said property including the
presence of a large brush pile in the backyard and tall grass in the yard and
along the fence line which included weeds, a garage door which needs
scraping and repainting with a lower panel that it was peeling and
damaged, and numerous missing windows and screens on the house and
the garage, allowing weather elements and/or vermin access into the
residence and a boarded up garage window; and
Resolution No. 99-76
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 the large brush pile in the backyard and tall
grass in the yard and along the fence line including all
weeds and vegetation which does not comply with
community standards.
b. Repair of the garage door and the windows on the garage in
a good and workmanlike manner such that the exterior of
the garage shall comply with the provisions of Chapter 12
of the City Ordinances.
C. Repair of the windows and screens on the single-family
residence in a good and workmanlike manner such that the
exterior of the single-family residence shall comply with
the provisions of Chapter 12 of the 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 V t
Date Mayo
ATTEST: City Clerk
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 Lasman, Ed Nelson,.and Robert Peppe;
and the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted.