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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 �p 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.