HomeMy WebLinkAbout1985-163 CCRMember Bill Hawes introduced the following
resolution and moved its adoption:
RESOLUTION NO. 85 -163
RESOLUTION ORDERING THE ABATEMENT OF NUISANCE AND
HAZARDOUS CONDITION OF REAL ESTATE EXISTING AT 5126
DREW AVENUE NORTH 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, Sub
division 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, Sub-
division 4 defines public nuisance as "[a]ccumulations of
rubbish as defined herein;" and
WHEREAS, Brooklyn Center City Ordinance 19 -103, Sub-
division 9 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 unreason-
ably 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, Sub-
division 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. permits
the City Council to correct the hazardous condition of any
parcel of real estate; and
RESOLUTION NO. 85 -163
WHEREAS, the Director of Planning and Inspections has
given a report to the City Council relative to the condition
of the property located at 5126 Drew Avenue North 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 rodents, the rodent feces, the feed seed
shells, the feed seed bags, the debris in the
garage, the clothing infested with rodents and
rodent feces, the holes in the dwelling's struc-
ture caused by the rodents, the clogged waste line
from the bathtub and the human feces in the base-
ment shower, all of which are located on the
property at 5126 Drew Avenue North are in vio-
lation of Brooklyn Center Ordinances 12 -308, 12-
309, 12 -312, 12 -405, 12 -702 and 12 -709.
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 Inspec-
tions, a copy of which is attached to this resolu-
tion 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.
4. That a written order directing the property owner,
Louise Bergee, 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 hazar-
dous 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 (1984).
September 9, 1985
A e Da Mayor
ATTEST:
RESOLUTION NO. 85 -163
The motion for the adoption of the foregoing resolution was duly seconded by member
Rich Theis and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and
Rich Theis;
and the following voted against the same: none,
whereupon said resolution was duly passed and adopted.
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