HomeMy WebLinkAbout1999-077 CCRMember Kay Lasman introduced the following resolution and moved
its adoption:
RESOLUTION NO. 99-77
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 6301 BROOKLYN BOULEVARD, BROOKLYN CENTER,
MINNESOTA, 55429 LEGALLY DESCRIBED AS LOT 5 EXCEPT THAT PART
THEREOF WHICH LIES SOUTHWESTERLY OF TRUNK HIGHWAY NO. 152
AS NOW LOCATED AND ESTABLISHED AND SOUTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE
SOUTHWESTERLY BOUNDARY OF SAID TRUNK HIGHWAY NO. 152
DISTANT 25 FEET NORTHWESTERLY OF ITS INTERSECTION WITH THE
NORTHERLY BOUNDARY OF 63" AVENUE NORTH; THENCE RUN
SOUTHWESTERLY TO A POINT ON SAID NORTHERLY BOUNDARY
DISTANT 25 FEET WESTERLY OF SAID INTERSECTION, BLOCK 2, FAIR
MEADOWS, 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, 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
Resolution No. 99-77
WHEREAS, City Inspectors have inspected the above-described premises in
April of 1999 and found numerous statutory and ordinance violations including the
presence of twelve (12) to fifteen (15) unlicensed and/or inoperable vehicles parked
bumper to bumper in the backyard of the residence, some with hoods up and flat tires, a
massive brush pile, a dilapidated fence, a growing pile of garbage and miscellaneous
debris scattered about the property; 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 owner of record of said property is Melvin Donald Blom; and
WHEREAS, said property is encumbered by a mortgage dated August 10, 1977 in
favor of Twin City Federal Savings and Loan, a mortgage dated June 29, 1979 in favor of
First State Bank of Spring Lake Park and a mortgage dated November 16, 1987 in favor
of E.G. Huber, Inc.; and
WHEREAS, Melvin Donald Blom 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, Melvin Donald Blom 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 6301
Brooklyn Boulevard, Brooklyn Center, Minnesota 55429 is a hazardous
building because of inadequate storage of garbage, inadequate garbage
service, inadequate maintenance, dilapidation and the like.
2. The City Council finds that the condition of the premises at 6301
Brooklyn Boulevard, Brooklyn Center, Minnesota 55429 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 12 to 15 unlicensed and/or
inoperable vehicles parked bumper to bumper in the backyard of the
residence, some with hoods up and flat tires, a massive brush pile, a
growing pile of garbage, a maroon metallic fence which appeared to be in
a dilapidated state and miscellaneous debris scattered about the property.
Resolution No. 99-77
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, lumber scraps
and boards, tires, on the property and any garbage, refuse,
debris, unlicensed and/or inoperable vehicles and like as
recited herein.
b. The removal and/or repair of the backyard fence in a good
and workmanlike manner such that the fence complies
with the provisions of Chapter 12 of the City Ordinances
and lawfully screens all legally-defined as collector
vehicles.
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 YA-0
Date Mayoe
ATTEST: WWy_, i
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, Ed Nelson, and Rob ter 9?;
and the following voted against the same: none
said resolution was declared duly passed and adopted.