HomeMy WebLinkAbout1977-020 CCR Member Bill Fignar introduced the following resolution and moved its
adoption:
RESOLUTION NO. 77 -20
RESOLUTION ORDERING THE RAZING AND REMOVAL OF THE
HAZARDOUS BUILDING CONSTRUCTION ON LOTS 19, 20, 21,
22, 23, 24, 25, 26 AND 27, ALL OF BLOCK 1, RIVERBROOKE
TOWNHOUSES, ACCORDING TO THE PLAT THEREOF ON FILE
AND OF RECORD IN THE OFFICE OF THE REGISTRAR OF TITLES
IN AND FOR HENNEPIN COUNTY, STATE OF MINNESOTA
WHEREAS, IDS Mortgage Corporation and Wyatt Corporation are the record
owners of property legally described as 19 through and including 27, all of Block 1,
Riverbrooke Townhouses, Hennepin County, State of Minnesota, located in the
City of Brooklyn Center; and
WHEREAS, Willis Dahn, Building Inspector for the City of Brooklyn Center
has inspected said property, the latest inspection occurring on December 20, 1976,
and found that said property contains nine concrete block foundations intended for
the subsequent construction of townhouse units and one partially constructed
swimming pool, has found that the said concrete block foundation walls and
swimming pool were constructed approximately three and one -half years ago with
no further construction, has found that the concrete block of said walls is coming
loose, that the basement and swimming pool constitute an unforeseen pit dangerous
to unsuspecting pedestrian traffic, that the said basement and swimming pool
occasionally fill with water and melted snow, constituting a hazard to children; and
WHEREAS, Willis Dahn, Building Inspector for the City of Brooklyn Center
has found that attempts to remedy this hazard by use of a snow fence and the
placing of plywood sheets over the above described swimming pool have been
inadequate, ineffective and unsuccessful attempts to cope with and eliminate
this hazard; and
WHEREAS, Willis Dahn, Building Inspector for the City of Brooklyn Center
has formed the opinion that the said concrete block basement foundation walls and
swimming pool located on the above described premises constitute a public
nuisance, dangerous conditions and hazard to the public welfare, safety and
health because they constitute and exist as unprotected pits, occasionally filling
with water, into which children may fall or be drowned; and
WHEREAS, IDS Mortgage Corporation and Wyatt Corporation, upon due
notice of the hazard nature of said basement foundations and swimming pool, have
refused to raze and remove the said foundations and pool and their attendant
hazards.
I
RESOLUTION NO. 77 -20
NOW, THEREFORE, BE IT RESOLVED that IDS Mortgage Corporation and
Wyatt Corporation,
Y their heirs and assigns, shall be ordered to raze and remove
the hazardous concrete block foundation walls and partially constructed swimming
pool, on that premises legally described as lots 19 through 27, all of Block 1
Riverbrooke Townhouses, Hennepin County, State of Minnesota, said action
being taken pursuant to Chapter 463 of the Minnesota Statutes on the ground
that said building and its premises are hazardous to the public safety, welfare
and health within the meaning of Minnesota Statute Section 463.15 and Section
463.25;
BEITFURTHER RESOLVED, that the said IDS Mortgage Corporation and
Wyatt Corporation, their heirs and assigns, must either comply with this order
within twenty days from the date of service thereof upon them or within twenty
days therefrom file an answer thereto or a motion for summary enforcement of this
order will be taken by the City of Brooklyn Center in the Hennepin County District
Court.
January 24, 1977
Date Mayor
ATTEST:
Clerk
The The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka and upon vote being taken thereon, the following
voted in favor thereof: Philip Cohen, Tony Kuefler, Bill Fignar, and
Gene Lhotka;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.