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HomeMy WebLinkAbout2007-117 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2007-117 RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 4501 WOODBINE LANE N. 55429 BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 5, BLOCK 2, NORTHBROOK MANOR 21) ADDITION, ACCORDING TO THE PLAT ON FILE WITH THE REGISTRAR OF TITLES, HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA WHEREAS, Minnesota Statutes § 463.15 et seq defines a hazardous building or hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, the correction of hazardous conditions and the abatement of public nuisances is necessary to protect the health, safety and welfare of the public by elimination of dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats and other animals who may pose a danger to the public safety and health thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods; and WHEREAS, § 3-103E, 12-1101 and 12-1102 of the Ordinances of the City of Brooklyn Center provides that any building or portion thereof which is damaged, dilapidated or unsafe or abandoned may be declared to be a hazardous building and further be declared unfit for human habitation and upon such declaration, the owner thereof shall make the property safe and secure immediately so that it is not hazardous to the health, welfare and/or safety of the public and does not constitute a public hazard; and WHEREAS, said single family dwelling was abandoned by its fee owner, Ajasa Monsuru and a mortgage foreclosure was undertaken by his mortgagee, nBank, N. A. whose address is Lawrenceville, Georgia who presently has an interest in the property and will become the fee owner; and WHEREAS, an inspection by Police Department Neighborhood Liaison Officer Adam Bald, in March 2007, revealed that the doors and windows of the home were open and some windows were broken, there was trash, broken screens, furniture, appliances and debris strewn about the home and yard and Monsuru was cited for these offenses but has subsequently failed to secure the home and clean the yard and abate the public nuisances because he has lost ownership and possession of the dwelling; and WHEREAS, because the dwelling is not secure and is open to the public such that persons may enter at will and is subject to crime and further deterioration, the Building Official will temporarily secure it; and RESOLUTION NO. 2007-117 WHEREAS, said property is said to be encumbered by a mortgages dated 22 August 2005 in favor of nBank of Lawrenceville, Georgia and 22 August 2005 in favor of M & I Bank FSB of Las Vegas, Nevada; and WHEREAS, the City Council of the City of Brooklyn Center adopts the findings of the Neighborhood Liaison Officer and Building Official as to the abandonment of the home and the public nuisances existing thereon; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: The City Council finds that the single family dwelling at 4501 Woodbine Lane N. Brooklyn Center, Minnesota 55429 is a hazardous building because of abandonment which has left the dwelling open to the elements and open to the public and the conditions thereon constitute a public nuisance 2. The abatement of the public nuisances and hazardous conditions at said premises is hereby ordered by the City Council of the City of Brooklyn Center as follows: Immediate securing of the doors and windows of the dwelling to secure it against entry by unauthorized persons and to secure it against the elements, animals, birds and the like and within 7 days cause the complete removal of all trash, junk, furniture, appliances, debris and the like. The City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all actions and proceedings herein, including administrative time, attorney's fees, costs and disbursements, and all other costs of the enforcement of this Order, and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. August 27, 2007 Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO 2007-117 ORDER FOR SECURING THE HAZARDOUS BUILDING EXISTING AT 4501 WOODBINE LANE NORTH, BROOKLYN CENTER, MINNESOTA 55429 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. 2007-117 herewith orders nBank N.A., of Lawrenceville, Georgia, and M & I Bank of Las Vegas, Nevada, to immediately secure the doors and windows of that single family dwelling at 4501 Woodbine Lane North, Brooklyn Center, Hennepin County, Minnesota 55429which has been declared to be a hazardous building by reason of abandonment and a public nuisance within the meaning of Minn. Stat. Chapter 463.15 et seq and by City Ordinances 3-102E and 12-1101 and 12-1102 and within seven (7) days from the date of service of this Order upon you and cause the complete removal of all trash, junk, furniture, broken screens, appliances, debris and the like. If there is no compliance with this Order, a Motion for summary enforcement of this Order shall be made to the Hennepin County District Court unless an Answer is filed herein within twenty (20) days of the date of service of this Order upon said parties pursuant to Minnesota Statute §463.18. 1 RESOLUTION NO 2007-117 If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order, then the City of Brooklyn Center shall cause the building to be permanently secured and will cause the trash, junk, furniture, appliances, broken screens, debris and the like to be removed pursuant to Minnesota Statute §463.21 and City ordinances, with all costs thereof, including attorney's fees and administrative costs, to be a lien against the real estate on which said building was located, said lien to be levied and collected only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provision of Minnesota Statute §463.161. CITY OF BROOKLYN CENTER I Dated: September 24, 2007 C Bey/~y'Manager