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HomeMy WebLinkAbout2004-093 CCRMember Kay Tasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2004-93 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 5025 EWING AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 13, BLOCK 2, TWIN LAKE WOODS 2ND 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, said single family dwelling has been the subject of prior inspection, in the year 2003, which inspection disclosed on the property, junk motor vehicles, rotting garbage, rubbish, debris and deterioration to the dwelling and outbuilding, on the basis of which the owner, Violet Brunner was prosecuted criminally and to which she entered a pleas of guilty in February 2004; RESOLUTION NO. 2004-93 WHEREAS, on 16 June 2004, under the aegis of a search warrant, Brooklyn Center police officers, the Building Official and others at their direction entered said single family dwelling and found extraordinary unsanitary conditions, including piles of rotting garbage, junk, debris, mold and mildew, the basement filled to a depth of approximately six feet with water and raw sewage and the dwelling is open to the elements in many places and further found in the yard, a large accumulation of rotting garbage, junk, temporary fencing, broken furniture, glass, cans, debris, two junk motor vehicles filled with rotting garbage and rubbish; and WHEREAS, said inspections have also revealed that the lean-to attached to the garage has rotted and the roof has partially collapsed and is unsafe and dilapidated; and WHEREAS, City Inspectors have concluded that the entire dwelling is not salvageable due to the sewage, water damage, mold, mildew, filth and deterioration; and WHEREAS, said property is said to be encumbered by a mortgage in favor of Twin City Federal Savings and Loan and further a mortgage in favor of Frank Ronald Brunner; 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 unsanitary conditions existing in and about the single family home thereon 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 5025 Ewing Avenue N. Brooklyn Center, Minnesota 55430 is a hazardous building because of extraordinary unsanitary conditions, including a large accumulation of rotting garbage, water and raw sewage to a depth of six feet in the basement, mold, mildew and deterioration to the dwelling's exterior and further that the yard contains two junk vehicles filled with rubbish and rotting garbage, and the yard further contains substantial piles of junk, refuse, garbage, junk furniture, dilapidated temporary fencing, glass, cans and debris and that the dwelling is partially open to the elements. RESOLUTION NO. 2004-93 2. The City Council finds that the condition of the premises at 5025 Ewing 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 by reason of the aforesaid reasons. 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 and unsanitary home and all damaged structures thereon, removal of the foundation and filling of the excavation to grade with clean fill and disconnection of all utility lines and complete removal of all garbage, debris, trash, refuse, rubbish, cans, glass, broken furniture 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. June 28. 2004 9k~~ Date 4 Mayor ~i~~/wYL ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Bob Peppe and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2004-93 ORDER FOR THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING EXISTING AT 5025 EWING AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. 2004-93 herewith orders Violet Brunner to raze and remove that single family dwelling at 5025 Ewing 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 OF WOKLYN CENTER Dated: June 29, 2004 Michael