HomeMy WebLinkAbout1994-170 CCR1
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Member Celia Scott introduced the
following resolution and moved its adoption:
RESOLUTION NO. 94 -170
RESOLUTION ORDERING THE ABATEMENT OF PUBLIC NUISANCES,
SAFETY AND HEALTH HAZARDS AND BUILDING AND MAINTENANCE
AND OTHER ORDINANCE VIOLATIONS WITH RESPECT TO THAT
REAL ESTATE LOCATED AT 4746 LAKEVIEW AVENUE NORTH,
LEGALLY DESCRIBED AS THE WEST 15 FEET OF THE EAST 1/2
OF LOTS 7 AND 8; WEST 1/2 OF LOTS 7 AND 8, BLOCK 2
"LAKEBREEZE ADDITION" IN THE CITY OF BROOKLYN CENTER,
HENNEPIN COUNTY, MINNESOTA
WHEREAS, Brooklyn Center City Ordinance Chapter 19 defines
certain conditions which constitute public nuisances and public
safety and health hazards; and
WHEREAS, Brooklyn Center City Ordinances §19 -1303, §19 -1304,
§19 -103, subds. 3 and 4 and §19 -103, subd. 11 specifically define
as nuisances and prohibit the same the storage and keeping of
automobile parts and related accessories, unlicensed and junk
vehicles, garbage and refuse not properly stored and the
accumulation of junk, disused furniture, appliances, machinery
and /or parts thereof; and
WHEREAS, the prohibition of public nuisances under Chapter
19 is necessary to protect the comfort, repose, health, safety
and welfare of the public by eliminating a harborage for vermin,
rats and other animals who may pose a danger to the public safety
and to provide for the proper disposal of refuse and garbage
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, Brooklyn Center City Ordinance Chapter 12 defines
the minimum standards for maintenance of all buildings and
properties within the City to correct and prevent conditions that
adversely affect or are likely to adversely affect the life,
safety, general welfare and health of the citizens of Brooklyn
Center; and
WHEREAS, Theresa Lee Hasbrouck and LeRoy A. Hasbrouck, Jr.
are the fee owners and Leonard Martin is an owner and occupant of
that real property located at 4746 Lakeview Avenue North,
Brooklyn Center, Minnesota 55429, the legal description of which
appears, supra; and
WHEREAS, City inspectors inspected said premises on 20
September 1993 following complaints made by neighbors and found
numerous violations of the City's Building Maintenance and
Occupancy Ordinance specifically including the storage in the
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RESOLUTION NO. 94 170
yard of auto parts, oil pans and soil contaminated by oil, bags
of garbage, wood piles, brush, appliances, tires and other debris
and further found that there were holes in the yard and parts of
the yard not covered by grass or ground cover; and
WHEREAS, Building Maintenance Compliance Orders were served
upon Leonard Martin identifying each violation and requiring
satisfactory remedial abatement on or before 5 October 1993; and
WHEREAS, subsequent inspection has shown that the violations
previously identified had not been corrected or abated; and
WHEREAS, Building Maintenance Compliance Orders have
subsequently been issued to and served upon Leonard Martin on 6
October 1993 and again on 9 March 1994 requiring abatement of the
above described nuisances and violations of the Building
Maintenance and Occupancy Code requiring complete abatement of
all violations not later than 17 April 1994; and
WHEREAS, subsequent inspection of the property has revealed
that no compliance has taken place; and
WHEREAS, Brooklyn Center City Ordinance S12 -1206 provides
that upon the failure to comply with the Compliance Order and
from which no appeal has been taken by the owner or occupant of
real property, the City Council by resolution, may cause the
deficiencies to be remedied as described in the Compliance Order
and further provides that the costs of such remedy shall be a
lien against the real property and may be levied and collected as
a special assessment in the manner provided by Minnesota Statutes
Chapter 429 but said assessment shall be payable in a single
installment,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BROOKLYN CENTER THAT:
1. The City Council finds that the presence and /or storage
of automobile parts, appliances, tires, brush, debris, wood
piles, bags of garbage, junk motor vehicles and refuse at
the premises at 4746 Lakeview Avenue North, is a public
nuisance and public health and safety hazard and a violation
of the Building Maintenance and Occupancy Code in violation
of Chapter 19 and 12 of the Ordinances of the City of
Brooklyn Center.
2. The abatement of all of the nuisances and public safety
and health hazards and violations of Chapters 19 and 12,
more particularly described in the Building Maintenance
Compliance Orders attached hereto and incorporated herein,
is hereby ordered by the City Council of the City of
Brooklyn Center as follows:
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RESOLUTION NO. 94 -170
ATTEST:
a) Removal of all auto parts and accessories presently
in the yard;
b) Removal of all garbage, wood piles, brush,
appliances, tires and other debris and refuse;
c) Removal of all junk and /or disabled motor vehicles;
d) Filling in all holes in the yard with dirt and seed
or sod as needed.
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, attorneys'
fees, costs and disbursements and to send a statement of
such costs to the land owners and occupant who are directed
herewith to pay the same.
August 8, 1994
Date
(4 t<qlatent
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kristen Mann and upon vote being taken thereon, the following voted in
favor thereof: Todd Paulson, Celia Scott, and Kristen Mann;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
Todd Paulson, Mayor