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HomeMy WebLinkAbout2004-061 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2004-61 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 5827 CAMDEN AVENUE N. BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS THE NORTH 79 FEET OF THE EAST '/2 OF LOT 26, LYNDALE RIVERSIDE ACRES, 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, said single family dwelling was substantially destroyed by a fire and inspectors have inspected the property several times including the last inspection in December 2003 and have found that the structure is unsafe due to severe fire damage including damage to the frame and roof, which roof is open to the elements and have further found that the home is a nuisance in that it is subject to being opened and unsecured such that persons may enter at will; and WHEREAS, City Inspectors believe that the structure and the premises constitute a public hazard in that the structure is not secure, is not structurally sound; and WHEREAS, City Inspectors have issued compliance orders to the record owner of the property, Kelly J. Knutson, to abate the public nuisance and hazardous conditions in all respects by razing and removing the fire damaged dwelling to grade level and to fill in the excavation with clean fill and to disconnect or cause to be disconnected all utility lines at the property lines; and WHEREAS, Kelly J. Knutson has failed or refused to comply with said Compliance Orders; and RESOLUTION NO. 2004-61 WHEREAS, said property is said to be encumbered by a mortgage dated 26 March 1999 in favor of Commercial Credit Consumer Services, Inc.; and a mortgage dated 10 October 2001 in favor of Fremont Investment & Loan; and 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 and the dilapidation of and severe fire damage to the single family home thereon existing on said premise. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The City Council finds that the single family dwelling at 5827 Camden Avenue N. Brooklyn Center, Minnesota 55430 is a hazardous building because of substantial damage by fire, rendering the building structurally unsound and the roof of which is open to the elements and susceptible to being opened to the public. 2. The City Council finds that the condition of the premises at 5827 Camden Avenue N. 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 in that the dwelling was substantially damaged by fire, is now structurally unsound, the roof is open to the elements, the building has the potential to be unsecured and open to the public. 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 home and all damaged structures thereon, complete removal of all construction debris, refuse, scrap wood, glass, damaged furniture and the like, removal of the foundation and filling of the excavation degrade clean fill and disconnection of all utility lines. 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 ec d herewith to pay the same. April 26. D ~ ayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Diane Niesen and upon vote being taken thereon, the following voted in favor thereof: Bob Peppe, Kathleen Carmody, Kay Lasman, and Diane Niesen; and the following voted against the same: none ; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2004-61 ORDER FOR THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING EXISTING AT 5827 CAMDEN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders Kelly J. Knutson to raze and remove that single family dwelling at 1 5827 Camden 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 building to be razed and 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 O ROO CENTER Dated: 4'4 q, dl 61d 7 l Michael McCau*, Cit ager