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HomeMy WebLinkAbout2001-147 CCRMember xav Ia.sman introduced the following resolution and moved its adoption: RESOLUTION NO. 2001-147 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 FELT OF LOT 2 "AUDITOR'S SUBDIVISION NUMBER 310, HENNEPIN COUNTY, MINNESOTA", LYING EASTERLY OF THE 50 FEET ROAD RUNNING THROUGH SAID LOT 2, THE CENTERLINE OF SAID ROAD BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 29 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 29 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 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 -1- Resolution No. 2001-147 WHEREAS, § 12-1101 and 12-1102 ofthe Ordinances ofthe City ofBrooklyn 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 which took place in the fall of the year 2000 and inspectors have inspected the property several times including the last inspection on 29 May 2001, 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 open and unsecured such that persons may enter at will; and WHEREAS, City Inspectors have found that the premises of said property is littered with numerous portions of the building damaged by the fire and/or now removed by the owner and stored on the premises including scrap lumber, wood, burned and/or damaged furniture, plastic, tarpaulins, bricks, glass, and other refuse; 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 the grounds constitute 'a public hazard by reason of said debris; 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 is 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 and Building Inspectors as to the hazardous conditions on said property and the dilapidation of the single family home thereon and to the debris and other hazards existing on said premise. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: -2- Resolution No. 2001-147 1. The City Council finds that the single family dwelling at 6842 West River Road, Brooklyn Center, Minnesota 55430 is a hazardous building because of substantial damage by fire, rendering the building structurally unsound and open to the elements and open to the public and that further, the yard of the premises is littered with debris from the fire and partial demolition of the building. 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 and, that the dwelling was substantially damaged by fire, is now structurally unsound, is unsecured and open to the public and the yard is littered with debris from the fire and from partial demolition including wood, boards, glass, damaged furniture, plastic and other refuse. 1 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. 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. Date: October 22, 2001 Mayor ) ATTEST, City Clerk -3- Resolution No. 2001-147 The motion for the adoption of the foregoing resolution was duly seconded by member Tim Ricker and upon vote being taken thereon, the following voted in favor thereof Myrna Kragness, Kay Lasman, Bob Peppe, and Tim Ricker; and the following voted against the same: none; whereupon said Resolution was duly passed and adopted. -4- RESOLUTION NO. 2001-147 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, whichhas been declared to be ahazardous property and apublic nuisance within the meaning of Minn. Stat. Chapter 463.15 et seq and constituting public nuisances and other violations cinder 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 thirty (30) 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 ofBrooklyn 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 1 RESOLUTION NO. 2001-147 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: 1 Michael McCauley, City Manager 2