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HomeMy WebLinkAbout2024-22 CCR1 Member Jerzak introduced the following resolution and moved its adoption: RESOLUTION NO. 2024-22 A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A PUBLIC NUISANCE PROPERTY EXISTING AT 3606 URBAN AVENUE NORTH IN THE CITY OF BROOKLYN CENTER WHEREAS, the property located at 3606 Urban Avenue North, legally described in the attached Exhibit A, contains a single-family dwelling (the “Subject Property”) and is located in the city of Brooklyn Center (the “City”) in the R1 – One Family Residence zoning district; and WHEREAS, according to public records, the Subject Property is owned by Anthony Kresel (the “Owner”); and WHEREAS, to the best of the City’s knowledge, Michael Kresel is the sole occupant of the Subject Property; and WHEREAS, City staff conducted physical inspections of the Subject Property on August 21, 2023, September 19, 2023, October 2, 2023, November 3, 2023, December 1, 2023, December 5, 2023, January 12, 2024, January 23, 2024, January 24, 2024, and January 29, 2024; and WHEREAS, on August 21, 2023, October 20, 2023, and January 12, 2024, correction notices were posted at the Subject Property and were mailed to the Owner, notifying the Owner of the violations of certain code provisions addressed herein, as well as the steps needed to correct the conditions and associated deadlines; and WHEREAS, during each of the aforementioned inspections, staff observed an accumulation of refuse, rubbish and junk, automotive parts, including an overflowing garbage dumpster, overflowing bins, junk furniture, full garbage bags, or other junk and debris, in the front yard/driveway of the Subject Property; and WHEREAS, on October 3, 2023 and January 23, 2024, an administrative citation was issued to the Owner and Occupant for the accumulation and storage of garbage and refuse on the Subject Property; and WHEREAS, on January 12, 2024, a final compliance notice was issued to the Owner and Occupant, On January 23, 2024 a physical inspection of the Subject Property revealed that the accumulation and storage of garbage and refuse had not been removed from the Subject Property; and WHEREAS, the City met and spoke with the Occupant on a number of occasions to discuss the condition of the Subject Property, issued administrative citations to the Owner and Occupant, and communicated to the Occupant that if he failed to bring the Subject Property into compliance, the City would institute additional enforcement action; and 2 WHEREAS, sections 7-102 and 7-105 of the Brooklyn Center City Code (the “Code”) deem it unlawful to store or accumulate any refuse on private property, unless such accumulation is in a container permitted, and the contents disposed of, under other provisions of the City Code; and WHEREAS, section 19-101 of the Code deems it a public nuisance to maintain or permit a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any number of members of the public; and WHEREAS, section 19-103 of the Code deems it a public nuisance to permit or maintain the accumulation of rubbish and junk on real property; and WHEREAS, sections 12-301 through 12-306 of the Code impose certain requirements on the maintenance of personal property and on the storage and disposal of rubbish and garbage; and WHEREAS, the Owner has not corrected the aforementioned unlawful conditions at the Subject Property and the City’s deadlines as provided in the letters have passed; and WHEREAS, pursuant to sections 7-105, 19-105, and 12-1206 of the City Code, the City Council may order the abatement of certain violations by the City on any premises; and WHEREAS, the City mailed the Owner 10 days’ written notice indicating that at its meeting on February 12, 2024, the City Council would consider a resolution deeming the Subject Property a nuisance and ordering its abatement; and WHEREAS, based on the information presented, the City Council has decided that the condition of the Subject Property constitutes a public nuisance and violates local law and, therefore, should be abated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council adopts, as factual findings, all of the above-listed Recitals, and finds violations of all code provisions listed herein. 3 2. The condition of the Subject Property constitutes a public nuisance in light of these violations. 3. Pursuant to its authority under the City Code, City staff is authorized to take necessary steps to conduct the abatement of the aforementioned violations and assess the costs thereof against the Subject Property. February 12, 2024 Date Mayor Pro Tem ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kragness and upon vote being taken thereon, the following voted in favor thereof: Butler, Jerzak, Kragness, Lawrence-Anderson and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. A-1 Exhibit A Lot 4, Block 3, Bobendriers Addition, Hennepin County, Minnesota.