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HomeMy WebLinkAbout1999-078 CCRMember Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION NO. 99-78 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 4639 FRANCE AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55429 LEGALLY DESCRIBED AS THE NORTH 110 FEET OF THE SOUTH 210 FEET OF THE EAST 435.06 FEET OF GOVERNMENT LOT 3, SECTION 10, TOWNSHIP 118 NORTH, RANGE 21, ACCORDING TO THE UNITED STATED GOVERNMENT SURVEY THEREOF AND SITUATE IN 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 §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 §12-703 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 Resolution No. 99-78 WHEREAS, City Inspectors have inspected the above-described premises in May 1998, July 1998, October 1998 and in March 1999 and found that the single-family home thereon is in poor condition, in that the soffit and fascia wood have rotted, the trim needs scraping and repainting, there is rotten and damaged siding on the house and broken or missing window screens and panes on the house and that the inspection by City Officials has further found numerous statutory and ordinance violations on said property including more than twenty plastic bags of garbage strewn about the property, miscellaneous tires, auto parts, bicycle parts, motorcycle parts and shopping carts around the yard which, due to its constant use as a parking lot has no grass or vegetation cover, an improperly stored ice house and the presence of five junk motor vehicles to wit: one Chevrolet Corsica, Minnesota registration BRE903, one Chrysler LeBaron Minnesota Registration AGX, one Ford Pickup Minnesota Registration 989ECV, one Oldsmobile '98 Minnesota registration 786LAG, and one Oldsmobile vehicle Minnesota registration 527MDS, all of which are in an inoperable condition and the two Oldsmobiles and the Ford Pickup do not have current registration; 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 Cheryl A. Riebe; and WHEREAS, City records indicate that the tenant of said property is Neil Ray Cape; and WHEREAS, said property is encumbered by- a mortgage dated November 1, 1998 in favor of Fullerton Financial Corporation which was assigned to Commercial Federal Mortgage Corporation on November 1, 1988; and WHEREAS, Neil Ray Cape 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, Neil Ray Cape 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 4639 France Avenue North, Brooklyn Center, Minnesota 55429 is a hazardous building because of inadequate maintenance, dilapidation, physical damage and the like. 1 Resolution No. 99-78 2. The City Council finds that the condition of the premises at 4639 France Avenue North, 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 fact that the soffit and fascia wood have rotted, the trim needs scraping and repainting, there is rotten and damaged siding on the house and broken or missing window screens and panes on the house and the numerous statutory and ordinance violations on said property including more than twenty plastic bags of garbage strewn about the property, miscellaneous tires, auto parts, bicycle parts, motorcycle parts and shopping carts around the yard which, due to its constant use as a parking lot has no grass or vegetation cover, an improperly stored ice house and the presence of five junk motor vehicles to wit: one Chevrolet Corsica, Minnesota registration BRE903, one Chrysler LeBaron Minnesota Registration AGX, one Ford Pickup Minnesota Registration 989ECV, one Oldsmobile '98 Minnesota registration 786LAG, and one Oldsmobile vehicle Minnesota registration 527MDS, -all of which are in an inoperable condition and the two Oldsmobiles and the Ford Pickup do not have current registration. 3. The City Council finds that the ice house presently stored on the premises violates Chapter 19 of the City Ordinances, specifically §19-103(14) and must be removed; and 4. 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. Repair and/or replacement of the soffit, fascia, trim, windows, screens, panes, storm door and siding in a good and workmanlike manner such that the exterior of the home shall comply with the provisions of Chapter 12 of the City Ordinances. b. The removal of all plastic bags of garbage, miscellaneous tires, auto parts, bicycle parts, motorcycle parts and shopping carts, junk, inoperable or unlicensed vehicles, refuse, debris and the like as recited herein. C. The placement of grass or vegetation cover all bare areas of the lawn and maintenance of the lawn in a manner which conforms to the City Ordinances. d. The removal of the ice house building such that the premises conform to Chapter 19 of the City Ordinances. Resolution No. 99-78 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. ale May 10, 1999 Date Mayor i, ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being takenereon, t ee trom, sman on 2 Me b PeppHIP following voted in favor thereof: Mayor Kragness I iaycil an and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.