Loading...
HomeMy WebLinkAbout1998-067 CCRadoption: 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 4746 LAKEVIEW AVENUE NORTH, BROOKLYN CENTER, MNNESOTA 55430 LEGALLY DESCRIBED AS THE WEST 15 FEET OF THE EAST 1/20F LOTS 7 AND 8; WEST '/2 OF LOTS 7 AND 8, BLOCK 2, "LAKEBREEZE ADDITION, HENNEPIN COUNTY, MINNESOTA," ACCORDING TO THE PLAT THEREOF ON FILE OR OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS IN AND FOR SAID COUNTY, IN THE CITY OF BROOKLYN CENTER. HENNEPIN COI TNTY. MINNESOTA WHEREAS, Minnesota Statutes §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 MemberKathleen Carmody introduced the following resolution and moved its RESOLUTION NO.08-67 WHEREAS, Brooklyn Center City Ordinance Chapters 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 October, 1997, and found that the single-family home thereon is in poor condition, suffering from a lack of exterior paint, rotted exterior wood on the soffit, fascia and trim, suffers from a defective roof which needs repair or replacement to make it watertight, is missing an exterior storm door and the garage on said premises needs repair to its garage doors and must be painted, and further found numerous statutory and ordinance violations on said property including the storage and accumulation of junk, furniture, appliances, machinery, auto parts, fencing materials, plastic tarpaulins, shelving, cabinets, cans, toys, tools, cardboard debris, glass, batteries, leaf and brush piles, and further found on said premises numerous non-licensed and inoperable motor vehicles and trailers; and RESOLUTION NO. 98-67 WHEREAS, City Inspectors further found on said premises, during said inspection, that the exterior wiring leading from the home was not installed and/or certified by a licensed electrician, and that there also exists on the premises four (4) sheds and lean-tos, which exceeds the number of accessory buildings which may be present on the property, and that the sidewalks on said property are in need of repair; and WHEREAS, the City Council adopts the finding 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 Theresa Lee Hasbrouck, married to Leroy A. Hasbrouck, Jr., and Leonard Martin, who maintains life estate therein; and WHEREAS, Leonard Martin and Theresa Lee Hasbrouck 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, Leonard Martin and Theresa Lee Hasbrouck 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 4746 Lakeview 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 4746 Lakeview Avenue North, 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 junk, furniture and appliances, machinery, auto parts, building materials, shelving, cabinets, tools, lumber, leaf and brush piles, inoperable and unlicensed junk motor vehicles and trailers, and deterioration of the fencing, garage and dwelling. 3. The City finds that there is present at said property a greater number of accessory structures than permitted by Chapter 35 of the City Ordinances, and that the accessory structures are in violation of the City Ordinances must be removed. 4. The repair to the single-family home, garage, fencing and sidewalks and the abatement of nuisances thereon by removal of all of the debris, junk, motor vehicles, auto parts, debris and the like, recited, supra, is hereby ordered by the City Council of the City of Brooklyn Center as follows: RESOLUTION NO. 98-67 a. Repair and/or replacement of all rotted exterior wood on the dwelling, repair or replacement of the roof of the dwelling, repair of the garage doors of said garage, repair and/or removal of uneven sidewalks, repainting of all surfaces of the dwelling and garage following repair, workmanlike manner such that the exterior of the home shall comply with the provisions of Chapter 12 of the City Ordinances. b. Inspection, and if necessary, repair or rewiring of the external electrical wiring such that it shall meet all applicable building codes and 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 and trailers, debris, junk, furniture, shelving, tools, brush piles, refuse, and the like as recited herein. e. Repair or replacement of existing fences such that they shall conform to Section 12-706 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, 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. Aril 27. 1998 VA'Jxv~" .taa Date Mayor 11 ATTEST: ~i lo/1/dYt -kM;V-J4V 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 K a ness, Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe; and the fcollowmg voted against the same: none , whereupon said resolution was declared duly passed and adopted.