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HomeMy WebLinkAbout1998-080 CCRMember Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION NO. 98-80 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 6842 WEST RIVER ROAD, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 2, "AUDITOR'S SUBDIVISION NUMBER 310, HENNEPIN COUNTY, MINNESOTA" EXCEPT THAT PART DESCRIBED AS: THE SOUTH 200 FEET OF LOT 2 "AUDITOR'S SUBDIVISION NUMBER 310, HENNEPIN COUNTY, MINNESOTA", LYING EASTERLY OF THE 50 FEET ROAD RUNNING THROUGH SAID LOT 2, THE CENTER LINE OF SAID ROAD BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 362 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 2 AS MEASURED ALONG SAID SOUTH LINE; THENCE NORTHERLY TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING A DISTANCE OF 387 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 2, AS MEASURED ALONG SAID NORTH LINE, IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA 1 WHEREAS, Minnesota Statues §463.15 et seq defines 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 rubbish, garbage, junk, disused furniture, appliances, equipment, junk motor vehicles, building materials, scrap lumber and construction debris, and the like; 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 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 August, September, October and December, 1997, and found that the single-family home thereon is in poor condition, suffering from rotting and missing fascia, that the roof is dilapidated, not watertight and needs replacement and/or repair and that the inspection by City officials has further found numerous statutory and ordinance violations on said property including the storage of great quantities of RESOLUTION NO. 98-80 building materials, scrap lumber, broken windows, auto parts, tires, fencing materials, construction equipment, including a small tractor, cement mixer, construction trailer and the like, numerous and unusable snowmobiles, boats, motorcycles, and trailers, appliances, sinks, and related accessories, more than 13 broken and disabled lawnmowers and the presence of four junk motor vehicles to wit: one Dodge motor vehicle, Minnesota registration 364 EVJ, one Dodge Colt motor vehicle, Minnesota registration AGG 727, one Mitsubishi motor vehicle, Minnesota registration 246 JXY, and one unidentified silver motor vehicle, Minnesota registration 246 DVY, all of which are in a disabled condition and none of which has any current registration, and numerous accessory buildings in violation of City Ordinances; and WHEREAS, the City Council adopts the findings of the Housing Inspectors as to the hazardous conditions on said property and the dilapidation to the single family home thereon; and WHEREAS, the owners of record of said real property are David W. Berg and Gwendyne C. Berg, husband and wife; and WHEREAS, said property is encumbered by a mortgage dated 28 December 1987 in favor of First Northtown National Bank; and WHEREAS, David and Gwendyne Berg were previously served with Compliance Orders from the City of Brooklyn Center requiring abatement of all of the nuisances and hazardous conditions recited herein; and WHEREAS, David W. Berg and Gwendyne C. Berg have failed and 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 at 6842 West River Road, 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 6842 West River Road, Brooklyn Center, Minnesota 55430 constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes §463 and Brooklyn Center Ordinances Chapters 19 and 12 due to the presence of the storage of great quantities of building materials, scrap lumber, broken windows, auto parts, tires, fencing materials, construction equipment, including a small tractor, cement mixer, construction trailer and the like, numerous and unusable snowmobiles, boats, motorcycles, and trailers, appliances sinks, and related accessories, more than 13 broken and disabled lawnmowers and the presence of four junk motor vehicles to wit: one Dodge motor vehicle, Minnesota registration 364 EVJ, one RESOLUTION NO. 98-80 Dodge Colt motor vehicle, Minnesota registration AGG 727, one Mitsubishi motor vehicle, Minnesota registration 246 JXY, and one unidentified silver motor vehicle, Minnesota registration 246 DVY, all of which are in a disabled condition and none of which has any current registration. 3. The City finds that there is present at said property more than two accessory structures which violates the provisions of Chapter 35 of the City Ordinances, and that the size of the accessory structures is greater than permitted by Chapter 35 of said Ordinances, and that the accessory structures in violation of the City Ordinances must be removed. 4. The repair to the roof and fascia of said single family dwelling and the abatement of nuisances thereon by removal of all of the debris, junk, motor vehicles, construction equipment and the like, recited herein, is hereby ordered by the City Council of the City of Brooklyn Center as follows: a. Repair of the missing fascia and replacement of the rotting fascia 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. Replacement and/or repair of the roof of said dwelling such that said roof shall be watertight, in sound condition and afford protection against the intrusion of water and dampness as required by Chapter 12 of the City Ordinances. C. The removal of all accessory buildings such that there shall not be more than two accessory buildings on said premises and that the buildings shall conform to Chapters 35-310 and 35-530 of the City Ordinances. d. The removal of all junk motor vehicles, construction equipment trailers, scrap lumber, construction materials, auto parts, tires, lawnmowers, trailers, boats, garbage, refuse, debris and the like, as recited herein. 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, costs and disbursements, and all other costs of the enforcement of this Order, and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. 1 RESOLUTION NO. 98-80 May 11, 1998 Date 0 Mayor i ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kay Iasman, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.