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HomeMy WebLinkAbout1989-085 CCR1 Member Todd Paulson resolution and moved its adoption: RESOLUTION NO. 119-85 introduced the following RESOLUTION DENYING PRIVATE KENNEL LICENSE FOR MABEL RUSTAD, 5229 GREAT VIEW AVENUE NORTH WHEREAS, upon information from the Hennepin County Humane Society, inspections by City personnel revealed that Ms. Mabel Rustad was maintaining 26 cats in her residence at 5229 Great View Road; and WHEREAS, City Code Section 1 -109 prohibits keeping four or more cats exceeding six months in age in a family dwelling unit without obtaining a private kennel license; and WHEREAS, Ms. Rustad (the Applicant) has applied for a private kennel license for nine cats; and WHEREAS, the City Council conducted a hearing on the application on April 24, 1989, at which time it heard testimony from all persons wishing to address the Council on the matter; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Council makes the following findings and determination: FINDINGS 1. Upon complaint from the Hennepin County Humane Society, an inspection was made of the premises at 5229 Great View Avenue North on March 9, 1989. Twenty -six cats were found to be confined in cages in the basement of the residence. No litter was used or available in the house, and cats urinated and defecated only on newspaper. There was an overwhelming, foul odor of cat urine and feces. The cat area was found to be generally an unkept mess. Ms. Rustad claimed at the time of the inspection that she had a kennel license for the cats, which is not true. 2. The City was subsequently notified that the Applicant had removed all but nine cats. 3. On March 28, 1989, a follow -up inspection was conducted. One dog and two cats were found to be loose on the main floor of the residence. Seven cats were kept in the basement in cages. Inspectors noted the same stench of cat urine and feces which they had noted during the inspection on March 9, 1989. Cats had available litter boxes; however, the boxes had not been adequately cleaned and were found to be overflowing with cat feces. 1 RESOLUTION NO. 89 -85 Cages were made of wood with floors covered with a worn laminate type of material which had been damaged, revealing the underlying wood so that the floors of the cages were not capable of being adequately cleaned. Some cages were found to be without food or water and several bowls contained water that was not clear. The cages were small in size and the cats paced back and forth. Several cats had eye problems and one had a kidney problem. Litter boxes upstairs were found to be overflowing and cat feces were on the carpet of the residence. 4. On April 19, 1989, the Sanitarian and Building Official conducted another inspection and found no substantial changes within the residence. 5. The City Sanitarian and the Chief of Police have both recommended against the issuance of a private kennel license to the Applicant on the basis of these inspections. 6. Due to inadequate kennel design and operation by the Applicant, the cats are kept in unsanitary, unhealthy and inhumane conditions which should not be allowed to continue. 7. Conditions maintained by the Applicant are malodorous and offensive and constitute a health hazard, all of which jeopardize the public health, safety and welfare. 8. At the hearing, the Applicant stated that it did not matter whether the City issued a license, because she intended to keep all of the cats in any case until they died. ORDER On the basis of the foregoing, it is ORDERED that: 1. The application for a private kennel license for Ms. Mabel Rustad, 5229 Great View Avenue North, is denied. 2. The Applicant is directed to remove all but three cats being over the age of six months within 30 days of the date of this Order. 3. A certified copy of this resolution shall be served on the Applicant forthwith. 1 1 RESOLUTION NO. 89 -85 May 8, 1989 Date M ATTEST:_ n rt_t_t Depty City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Todd Paulson, and Jerry Pedlar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.