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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.