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HomeMy WebLinkAbout2009-137 CCR Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2009 -137 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 800 69 AVENUE N BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 52 OF AUDITOR'S SUBDIVISION NO. 309 EXCEPT THE NORTH 660 FEET OF LOT 52 OF AUDITOR'S SUBDIVISION 309, HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA BY OWNERS THE ESTATE OF MELBA P. EVANSON AND DAVID EVANSON 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, the fee owner and owner of record of 800 69 Avenue N, Brooklyn Center, Minnesota is Melba P. Evanson, deceased as stated by David Evanson; and WHEREAS her son David Evanson, h claimed ownershi and d vanso as c a p WHEREAS, there are no liens, mortgages or encumbrances of record; and WHEREAS, the buildings and premises are hazardous by reason of the following: RESOLUTION NO. 2009 -137 1. The roof of the home has been extensively damaged by the intrusion of moisture, causing deterioration of structural members. Condensation and algae are observed on the inside of the windows. Areas of the roof are beginning to sink and there are numerous holes in the roof. The Building Official believes the roof is in danger of collapse. 2. The home is not secure, allowing animals to enter. 3. There are numerous volunteer trees growing at the foundation of the home that can damage the foundation structurally. 4. The accessory building on the property is in poor repair, is sinking in certain areas and has been the source of criminal acts by breaking and entering. 5. There is an accumulation of junk and debris in the yard. Photographs of the property are attached hereto and incorporated herein. WHEREAS, the City has maintained discussions with David Evanson, who claims to be the owner of the property and who does not deny the hazardous nature of the property and who has variously promised to hire a contractor to rehabilitate the property and also agreed to enter into an abatement agreement with the City by which the City would raze and remove the hazardous structures and eliminate all hazards and nuisances, but which agreement could not be concluded because David Evanson cannot show acceptable evidence of his ownership interest. David Evanson has also failed to properly register this property as a vacant property and his check in payment for the vacant property registration was returned as "account closed." Notes of the conversations with David Evanson are attached hereto and incorporated herein; and WHEREAS, the City Council of the City of Brooklyn Center adopts the findings of the City staff in the reports and photographs attached hereto and incorporated herein, as to the hazardous nature of the structure and the public nuisances existing thereon; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: th 1. The City Council finds that the single family dwelling at 800 69 N Brooklyn nter Minnesota is a hazardous building because of the extensive 3'n g damage caused by the intrusion of moisture and the lack of maintenance and repair and that the roof of the home may be in danger of collapse and the accessory building on the premises is also hazardous and the premises contain an accumulation of debris and junk, 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 razing and removing the dwelling and accessory building and all debris therefrom, removal of foundations and filling the excavation to grade with clean fill and removal of all debris and junk from said premises, within 10 days of the date of service of the Council's Order upon each owner. RESOLUTION N0. 2009 -137 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. ti November 23. 2009 Date Mayor ATTEST:`���� City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman,,Tim Roche, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2009 -137 ORDER FOR THE CORRECTION AND ABATEMENT OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 800 69 AVENUE N BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 52 OF AUDITOR'S SUBDIVISION NO. 309 EXCEPT THE NORTH 660 FEET OF LOT 52 OF AUDITOR'S SUBDIVISION 309, HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. a copy of which is attached hereto and incorporated herein, herewith orders the Estate of Melba P. Evanson and David Evanson within 10 calendar days of the service of this Order upon you, to raze and remove the dwelling and accessory building and all debris therefrom at 800 69 Avenue North, Brooklyn Center, Hennepin County, Minnesota 55430 and to further remove the foundations and fill all excavations to grade with clean fill and to remove all junk, rubbish and debris from the premises. 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 dwelling and accessory building, and foundations and junk, rubbish and debris 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 RESOLUTION NO. 2009 -137 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: Curt Boganey, City Manager RESOLUTION N0. '2009 -137 Attachment III- Compliance Notices City of Brooklyn Center Building Community Standards 6301 Shinglic Creek Pkwy, Brooklyn Center. \f 55430 -2199 Ph: (763)569-3300 TTY 711 Fax: 1'763)569 -3360 cifvofbrookMxenten orn CORRECTION ORDER /ABATEMENT NOTICE 05/26/09 David Evanson 720 69thAvcN Brooklyn Center, MN 55430 RE. 800 69th Ave N Dear David: Under the City's Vacant Building Ordinance (Chapter 12 -1501- 1511), an inspection of the above property was conducted that revealed the following violations which must he corrected as noted. Re- occupancy of the property is prohibited until an inspection is conducted to verify property maintenance conditions and a Property Maintenance Verification Certificate has been issued by the City. Please call 763 -569 -3344 to schedule the inspection after the violations are corrected and prior to re-occupancy. Thir c -3rrert oni'abateer.ent order Jill cr_. ir-n th cnisite inspection tha- iaas done idth ycu ir_ person cn 5/p o, /0; at 8fn E Ave Na- The 'ollo ,iini findings and various opt,inr..; _ire;;E•nl..?c •.1 you d n it -3 Hie '.ns;pe,a.iori :and vrx:r -jardir Hw neces°a_y corrections, reraedies and passible soluticns for these viola_.`_nns tha= were noted and discussed during t. c,is inspection. The following orders with completion dates wi bo -,-dot 1. Under the vacancy registration ordinance the property at 800 69"' Ave will need to be registered with the city including the payment of the 595.00 fee. This will need to be completed on or before June 08 2009. 2. Submit a property plan that will meet city approval, regarding either bringing the property into compliance that will allow for a certificate of occupancy to be issued, or a properly controlled demolition that includes permits and appropriate utility shutoffs. Either of these actions will require proper building permits being issued and work starting on or before 6/29/09 and substantial completion on or before 8/01/09. 3. Remove all diseased and fallen trees brush piles and stumps throughout property. These actions will be under the supervision of the city forester. If these violations are not corrected, the City may consider legal action, fines, formal court action or abatement by the City. The costs for abatement by the City, including administrative charges, will be the responsibility of the property owner. If unpaid, the charges will be specially assessed to the property in accordance with Minnesota Slate Statutes (429). Section 12- 15 10 of the city ordinances provides for an Appeal when it is made in writing and specifies the grounds for the appeal. Your cooperation in this matter is appreciated in order to ensure a safe, attractive community for the residents of Brooklyn Center. If you have any questions regarding this notice, please contact me at 763-569 3300. Sincerely, Property Code Specialist Danerzak An inspection by the city does not constitute any representation, guaranty or warranty to any person as to the conditions o(the A.rild :nn T1.nitihr done nnfrt«...nn nn.r.no..nneil.iliwrnr linAilihrinf bn nennnHnn nnArn.fiR. -nlinn ni'.-n.nnlinnnn l RESOLUTION NO. 2009 -137 City of Brooklyn Center A Millennium Community 9/24/2009 *09 Melba P Evanson 800 69th Ave N Brooklyn Center MN S5430 RE: 800 69th Ave N, Brooklyn Center, MN Dear Property Owner: An inspection of you property was conducted on 09 -23 -09 and the violations at the property pose health and life safety hazards and must be corrected promptly and are included in this letter. The following items were observed during the Inspection: Significant damage to the roof innumerous locations which could lead to partial or complete collapse. Extensive damaged "use from moisture currently present inside the property. The following state statutes applies to your property: 463.15 DEFINITIONS.Subd. 3.Hazardous building or hazardous property. "Hazardous building or hazardous property" means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. 463.16 REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION. The governing body of any municipality may order the owner of any hazardous building or property within the municipality to correct or remove the hazardous condition of the building or property or to raze or remove the building. Due to the condition existing on your property and the determination that It Is a Hazardous Building you are being ordered to demolish the property by lo•og -u9. If the property is not demolished by the aforementioned date the city will begin the process to have the property demolished according the guidelines set forth by Minnesota state statute chapter 463. The msts, including administrative charges, will be the responsibility of the property owner, and if unpaid, will be specially assessed to the property in accordance with MS 429 et. seq. and MS 463. Further, the property is vacant and an application for the Vacant Building Registration was submitted, however the checkthat was included for the registration fee did not clear due to the account being closed. Therefore the property is in the process of being administratively registered, which will result in the $400 registration fee being assessed to the property. If you have questions, please contact me at (763) 569 -3420. Sincerely, A, Jesse Anderson Housing and Community Standards Supervisor Copy: Posted Copy: Mailed to David Evanson, 720 69' Ave N, Brooklyn Center, MN, 55430 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN.55480.2199 (763) 569.3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569.3434 AAX (763) 569.3494 www.cityofbrooklyncenter.org RES OLUTION NO 11• r Y 10/26/2009 y ^y fit, �1 }:Yr.. i... a .35�'` r RES OLUTION NO 11• 10/26/2009 ate•,. I i ?z 0 10/26/2D09 cr) o o N a� F 0 got t f l y l� is y RESOLUTION NO. X l RES OLUTION NO. 11• R .d 9� M x r x 1 t wA. a.. 1 a R B I 1 y `k cm S ,p y 5 C i 1 i o x 4 q t -•tip l j 4.