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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.