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HomeMy WebLinkAbout2006-019 CCRadoption: Member Kay Lasman introduced the following resolution and moved its RESOLUTION NO. 2006-19 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 5307 PENN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA, 55430 LEGALLY DESCRIBED AS LOT 2, BLOCK I ROBERT L. HANSEN'S FIRST ADDITION 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, § 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 WHEREAS, during a severe storm in the summer of 2005, a large tree in the backyard of said single family dwelling was felled by the winds, falling across the detached garage and encroaching upon the neighboring property and actually overhanging the neighbor's home, substantially damaging the garage and endangering the adjoining home and City inspectors have inspected the property several times and have found that the garage structure is unsafe due to the impact by the falling tree and that the presence of the uprooted tree, which is very large, is in danger of falling; and WHEREAS, City Inspectors believe that the presence of the large fallen tree and the damaged garage constitute a public hazard ; and WHEREAS, the record owner of the dwelling, Gregory John Lampe, is deceased and the property is in mortgage foreclosure and City Inspectors have issued compliance orders to the foreclosing mortgagee to abate the public nuisance and hazardous conditions in all respects by razing and removing the fallen tree and garage; and WHEREAS, the foreclosing mortgagee, Acoustic Home Loans LLC, by and through its nominee, Mortgage Electronic Registration Systems, Inc. has trimmed the tree so that it no longer overhangs the neighboring home but otherwise, the foreclosing mortgagee and its agents have failed or refused to comply with said Compliance Orders; and WHEREAS, said property is said to be encumbered by a mortgage dated 1 September 200 in favor of Acoustic Home Loans, LLC, a Delaware LLC whose address is 500 N. State College Blvd, Suite 400, Orange, California 92868; and RESOLUTION NO. 2006-19 WHEREAS, the City Council of the City of Brooklyn Center adopts the findings of the Building Inspectors and Building Official as to the hazardous conditions on said property. that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center The City Council finds that the single family dwelling at 5307 Penn Avenue North, Brooklyn Center, Minnesota, 55430 is a hazardous building and property because of a large uprooted tree which has fallen across and substantially damaged the garage and which tree may fall off the garage. 2. The City Council finds that the condition of the premises at 5307 Penn Avenue North, Brooklyn Center, Minnesota, 55430 constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes § 463 and Brooklyn Center Ordinances Chapter 12 because of a large uprooted tree which has fallen, substantially damaging it and which tree may fall off the garage. 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: Razing and removal of the damaged garage and complete removal of the tree. 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. Februarv 13. 2006 Date ATTEST: •I.W -9~ City Clerk Q Ma or 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, and_Diane_Niesen; and the following voted against the same: Mary O'Connor; whereupon said resolution was declared duly passed and adopted. f 1 RESOLUTION NO. 2006-19 ORDER FOR THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING EXISTING AT 5307 PENN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. 1 2006-19 herewith orders Acoustic Home Loans, LLC to raze and remove that uprooted, fallen tree and the single family detached garage at 5307 Penn Avenue North, Brooklyn Center, Hennepin County, Minnesota which has been declared to be a hazardous building and hazardous property within the meaning of Minn. Stat. Chapter 463.15 et seq within fifteen (15) days from the date of service of this Order 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 garage to be razed and the garage and tree removed pursuant to Minnesota Statute §463.21 with all costs of repair, razing, correction and removal, 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 Date( Michael McCauley, City Manager