HomeMy WebLinkAbout1978-158 CCR Member Gene Lhotka introduced the following resolution and
moved its adoption:
RESOLUTION NO. 78 -158
RESOLUTION ORDERING THE RAZING AND REMOVAL OF
THE HAZARDOUS BUILDING AND DEBRIS ON LOT 28,
BLOCK 2, N AND E, PERKINS ADDITION, COUNTY OF
HENNEPIN STATE OF MINNESOTA
WHEREAS, Emmett F. Winter and Gloria Winter, 5909 Tamarac Lane,
Minneapolis, Minnesota 55436; Theodore O'Ven, Della Wakerhauser; and the
estate of Genevieve E. Pettengill, Edward M. Callinan, Administrator, 730 2nd
Avenue South, Minneapolis, Minnesota are all record owners of, lien holders of
record or interested parties in that property legally described as Lot 28, Block 2,
N and E, Perkins Addition; and
WHEREAS, Willis Dahn, Building Inspector for the City of Brooklyn
Center, has inspected said property on the 23rd day. of March, 1978 and found at
that time that refuse and garbage were piled throughout the yard of said property,
that an old and disabled automobile was left in said yard; that the rear porch of
the home is rotting and falling away from the house; that the premises lacks a
furnace and is heated only by a kitchen stove with inadequate ventilation; that
the roofing was rotted; that the electrical wiring was in bad condition, exposing
junction boxes and wires and that the windows were broken and window sills
were rotting and that a fire substantially damaged this home and premises on the
26th day of March, 1978 and that on the 29th day of March, 1978, Willis Dahn
reinspected the premises and determined that the condition was substantially
unchanged, but that in addition there was severe and considerable damage to
the structure of this premises by reason of fire; and
WHEREAS, Willis Dahn ordered the above described record owners to
temporarily abate the nuisance by boarding up the windows, cleaning up the trash
and debris and to effect the complete and total abatement of this hazard no later
than June 1 1978, but found upon reinspection that although the garage on these
premises was demolished, considerable and hazardous debris from the destruction
of the garage remained on the site, to -wit: portions of the building were left with
nails protruding from boards, broken blocks and concrete foundations are scattered
throughout, an abandoned oil drum rests on the premises and that broken glass
and other hazardous debris remains throughout. That during said inspections,
Willis Dahn also determined that no demolition or abatement of the hazard has
taken place with regard to the dwelling on said premises; and
WHEREAS, Willis Dahn, Building Inspector for the City of Brooklyn
Center, has formed the opinion that the dwelling on said premises by reason of
inadequate maintenance, dilapidation, neglect and damage by fire as well as the
debris, rubble and trash from the now demolished garage constitutes a public
nuisance, dangerous condition and hazard to the public welfare, safety and
health; and
RESOLUTION NO. 78-158
WHEREAS, Emmett F. Winter and Gloria Winter; Theodore O'Ven, Della
Wakerhauser, and the estate of Genevieve E. Pettengill have been notified on
several occasions to effect the complete and total abatement of this hazard no
later than June 1, 1978, specifically by letters dated March 30, 1978 and June 16,
1978 and although these record owners, lien holders of record and other interested
parties are aware and have had due notice of the hazardous nature of the dwelling,
and premises herein, but have refused to raze and remove said dwelling and debris.
NOW, THEREFORE, BE IT RESOLVED that Emmett F. Winter and Gloria
Winter, Theodore O'Ven, Della Wakerhauser, and the estate of Genevieve E.
Pettengill shall be ordered to raze and remove the hazardous and dilapidated
dwelling and to completely remove and clean up all hazardous materials on that
premises legally described as Lot 28, Block 2 of the N and E Perkins Addition,
Hennepin County, State of Minnesota. Said action being taken pursuant to
Chapter 463 of the Minnesota Statutes on the ground that the said dwelling and its
premises are hazardous to the public safety, welfare and health within the meaning
of Minnesota Statutes 46 3 .15
BE IT FURTHER RESOLVED that the said Emmett F. Winter and Gloria
Winter; Theodore O'Ven, Della Wakerhauser, and the estate of Genevieve E.
Pettengill, their heirs and assigns, must either comply with this order within
twenty (20) days from the date of service thereof upon them within twenty (20)
days therefrom file an answer thereto or a motion for some reinforcement of
this order will be taken by the City of Brooklyn Center in the Hennepin County
District Court.
i
August 14, 1978,
Date
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ATTEST �C�l /,��T
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler and upon vote being taken thereon, the following
voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fiqnar, Gene Lhotka,
and Celia Scott;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.