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HomeMy WebLinkAbout2006-056 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2006-56 RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 6842 WEST RIVER ROAD, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 2, "AUDITOR'S SUBDIVISION NUMBER 310, HENNEPIN COUNTY, MINNESOTA" EXCEPT THAT PART DESCRIBED AS: THE SOUTH 200 FEET OF LOT 2 "AUDITOR'S SUBDIVISION NUMBER 310, HENNEPIN COUNTY, MINNESOTA", LYING EASTERLY OF THE 50 FEET ROAD RUNNING THROUGH SAID LOT 2, THE CENTER LINE OF SAID ROAD BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 362 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 2 AS MEASURED ALONG SAID SOUTH LINE; THENCE NORTHERLY TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING A DISTANCE OF 387 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 2, AS MEASURED ALONG SAID NORTH LINE, 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, open excavations or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, Brooklyn Center City Ordinances Chapter 19-103 specifically defines as nuisances and prohibits the same, the presence on any real property of any accumulation of rubbish, garbage, junk, disused furniture, appliances, equipment, junk motor vehicles, building materials, scrap lumber and construction debris, and the like; 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 and to provide for the proper storage of refuse and garbage, debris and junk thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods by prohibiting the storage of junk and other refuse in residential areas; and WHEREAS, § 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 may be declared may be declared unfit for human habitation and upon such declaration, the owner thereof shall make the property safe and secure so that it is not hazardous to the health, welfare and/or safety of the public and does not constitute a public hazard; and RESOLUTION NO. 2006-56 WHEREAS, Minnesota Statutes Section 463.25 provides that any open excavation intended for the construction of a building which is left open for longer than 6 months is a hazardous condition on said premises; and WHEREAS, said single family dwelling was substantially destroyed by a fire which took place in the fall of the year 2002 and whereas the owners never applied for a building permit but nonetheless excavated a basement for the purposes of building a new dwelling, well more than 6 months has passed and the excavation has been left open and is a statutory hazard. Further, inspectors have inspected the property several times including the last inspection in March 2006 have found that there is present the open and unprotected basement excavation, construction debris, miscellaneous trash and large metal shipping containers which the owners are using for storage and which are unlawful accessory buildings; and WHEREAS, due to the conditions existing on the premises, David Wright Berg has pled guilty, in 2005, to a misdemeanor charge of failing to abide by a compliance order and he has violated his probation by not only failing to abate these nuisances and hazards but also by incurring new offenses; and WHEREAS, due to his non compliance with his sentence and the presence of said hazardous, recited supra, David Wright Berg has again been charged with misdemeanor offenses of public nuisance and failure to abide by compliance orders; and WHEREAS, City Inspectors have issued compliance orders to the registered owners of the property, David W. Berg and Gwendyne C. Berg, husband and wife, to abate the public nuisance and hazardous conditions in all respects; and WHEREAS, David W. Berg and Gwendyne C. Berg, husband and wife, have failed or refused to comply with said Compliance Orders; and WHEREAS, said property may still be encumbered by a mortgage dated 28 December 1987 in favor of First Northtown National Bank; and WHEREAS, the City Council of the City of Brooklyn Center adopts the findings of the Housing Inspectors and Building Official as to the hazardous conditions on said property, including the open excavation and the debris, the unlawful accessory buildings and other hazards and nuisances existing on said premise. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: The City Council finds that the premises at 6842 West River Road, Brooklyn Center, Minnesota 55430 is a hazardous premises by reason of an open and unprotected basement excavation, opened for more than 6 months and that further, the yard of the -2- RESOLUTION NO. 2006-56 premises is littered with construction debris and trash and there are unlawful accessory structures in the form of large metal storage containers. 2. The City Council finds that the condition of the premises at 6842 West River Road, Brooklyn Center, Minnesota 55430 constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes § 463 and Brooklyn Center Ordinances Chapters 19 and 12. 3. 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: Filling the basement excavation to grade with clean fill, removal of all unlawful accessory buildings and complete removal of all construction debris, trash 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. April 24. 2006 i Date ATTEST: -City Clerk U Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being -taken thereon, the following voted in favor thereof: Myrna Kragness,-Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. -3- ORDER FOR THE CORRECTION OF HAZARDOUS CONDITIONS AND THE ABATEMENT OF PUBLIC NUISANCES EXISTING AT 6842 WEST RIVER ROAD, BROOKLYN CENTER, MINNESOTA 55430 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders David W. Berg and Gwendyne C. Berg, husband and wife, to correct those hazardous conditions and to abate those public nuisances existing at 6842 West River Road, Brooklyn Center, Minnesota 54430, which has been declared to be a hazardous property and a public nuisance within the meaning of Minn. Stat. Chapter 463.15 et seq and constituting public nuisances and other violations under Chapters 12 and 19 of the Ordinances of the City of Brooklyn Center, and to correct and resolve said hazardous conditions and to abate all public nuisances and to correct and resolve all Ordinance violations within fifteen (15) calendar days from the date of service of this Order and Resolution upon you. 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. 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 hazardous conditions to be corrected and all public nuisances abated and all Ordinance violations corrected and all costs of the correction of hazardous conditions, the abatement of nuisances and other actions required by this Order, including filing fees, publication fees, attorney's fees, witnesses fees, administrative time and the like shall be a lien against the real property on which said conditions and violations were 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 Dated: April 24. 2006 Michael McCauley, City Manager 1