HomeMy WebLinkAbout1987-147 CCRMember Gene Lhotka introduced the following resolution and
moved its adoption:
RESOLUTION NO. 87 -147
RESOLUTION ORDERING THE ABATEMENT OF NUISANCE AND HAZARDOUS
CONDITION OF REAL ESTATE EXISTING AT 6933 BROOKLYN BOULEVARD
IN THE CITY OF BROOKLYN CENTER
WHEREAS, Brooklyn Center City Ordinance Section 19 -101, Subdivision 1,
defines a public nuisance as maintaining or permitting "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, Brooklyn Center City Ordinance 19 -103, Subdivision 3 defines
public nuisance as "[g] arbage not stored in rodent free and fly -tight containers,
or; garbage stored so as to emit foul and disagreeable odors, or; garbage stored so
as to constitute a hazard to public health;" and
WHEREAS, Brooklyn Center City Ordinance 19 -103, Subdivision 4 defines
public nuisance as "[a] ccumulations of rubbish as defined herein;" and
WHEREAS, Brooklyn Center City Ordinance 19 -103, Subdivision 4 defines
public nuisance as "[t] he emitting or production of dense smoke, foul odor, noise,
noxious fumes, gases, soot, cinders or sparks in quantities which unreasonably
annoy, injure, or endanger the safety, health, morals, comfort, or repose of any
number of members of the public;" and
WHEREAS, Brooklyn Center City Ordinance 19 -103, Subdivision 11 defines
public nuisance as "[a] ccumulation of junk, disused furniture, appliances,
machinery, automobiles and parts thereof or any matter which may become a harborage
for rats, snakes or vermin, which creates a visual blight, or which may be conducive
to fire, or which endangers the comfort, repose, health, safety or welfare of the
public;" and
WHEREAS, Minnesota Statutes No. 463.15 et. seq. defines a hazardous
building as "any building which because of inadequate maintenance, dilapidation,
physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or
a hazard to public safety or health" and further permits the City Council to correct
the hazardous condition of any parcel of real estate; and
WHEREAS, the Director of Planning and Inspection has given a report to the
City Council relative to the condition of the property located at 6933 Brooklyn
Boulevard which creates such a public nuisance and hazardous conditions; and
WHEREAS, said report has been considered by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center as follows:
1. That the unsecure dwelling and garage allowing unprohibited
access to the general public as well as rodents and vermin;
the accumulation of' garbage, refuse and debris in the
dwelling and garage; and the broken or inoperable soil stack
in the dwelling; all of which are located at 6933 Brooklyn
Boulevard are in violation of City Ordinances and
constitutes a hazardous condition of real estate in
accordance with Minnesota Statutes 463.15 et. seq.
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RESOLUTION NO. 87 -147
ATTEST:
2. That said ordinance violations are found to be a public
nuisance and a hazardous condition of real estate for the
reasons set forth in the written report from the Director of
Planning and Inspection, a copy of which is attached to this
resolution and incorporated by reference.
3. That abatement of the nuisance and hazardous condition of
real estate is hereby ordered by the City Council of the City
of Brooklyn Center by:
a) securing the dwelling and garage in a manner to
effectively prohibit access to the general public as
well as rodents and vermin.
b) removing all garbage, refuse and debris from the
dwelling, garage and surrounding property.
c) cleaning, sanitizing, and disinfecting sewage
contaminated areas.
d) repairing the inoperable soil stack which allows
unsanitary waste materials from entering the dwelling.
4. That a written order directing the property owner to correct
the condition within twenty days of service of the order be
served on the property owner and all lien holders of record.
5. If the condition is not corrected within that time, the City
will obtain a judgment in court allowing the City to abate the
nuisance and hazardous condition and assess the costs of
abatement to the property owner under Brooklyn Center City
Ordinance Section 19 -105 and Minnesota Statutes No. 463.21
(1986)
July 27, 1987
Date
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes and upon vote being taken thereon, the following
voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and
Bill Hawes;
and the following voted against the same: none,
whereupon said resolution was duly passed and adopted.