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HomeMy WebLinkAbout2012-064 CCR Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-64 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 6701 BRYANT AVENUE N BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 8, BLOCK 1, WEST RIVER ESTATES, HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA AND ITS OWNER, LATIN WORK REMODELING CORP., a MINNESOTA DOMESTIC CORPORATION 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 6701 Bryant Avenue N, Brooklyn Center, Minnesota is Latin Work Remodeling Corp., a Minnesota domestic corporation; and WHEREAS, there is a mortgage of record dated 29 April 2009, recorded 28 May 2009 as Document Number 9365066 in the original principal amount of$68,250 in favor of Mortgage Electronic Registration Systems as nominee for Ever Bank, which mortgage may have been assigned to Bank of America; and WHEREAS, there is a mortgage of record dated 9 March 2012, recorded 15 March 2012 as Document Number 9763919 in the original principal amount of$36,000 in favor of Renovo Capital LLC; and RESOLUTION NO. 2012-64 WHEREAS, the buildings and premises are hazardous by reason of the following: 1. On 29 November 2011, the garage and home of 6701 Bryant Avenue N were extensively damaged by fire. The garage was nearly entirely destroyed and there is significant damage to the dwelling, specifically the roof joists and main support beams, bearing walls, electrical system and plumbing system and exterior walls. Attached are photographs of said damage. The home is not habitable and the home and garage are structurally unsound. WHEREAS, the City has ordered the owner of record, Latin Work Remodeling Corp., to secure the property, clean the debris from the grounds and either raze and remove the dwelling and garage or rebuild according to laws and codes; and WHEREAS, the City has issued an order to Latin Work Remodeling Corp., declaring the property to be a hazardous building within the meaning of Minnesota Statues Chapter 463.15 et seq and City ordinances adopting Chapter 463.15 and requiring demolition of the garage and repair and rebuilding of the garage and home; and WHEREAS, the owner, Latin Work Remodeling, Corp., has not complied with said order; 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: 1. The City Council finds that the single family home at 6701 Bryant Avenue N Brooklyn Center, Minnesota is a hazardous building because of the extensive damage caused by fire destroying the garage and rendering the dwelling structurally unsound, damaging roof joists, main beams and bearing walls and damaging the electrical and plumbing systems such that the home is not habitable 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: A. Immediate razing and removing the garage within 10 calendar days from the date of service of the Council's Order upon the each owner and within 30 days from the date of service of the Council's Order upon each owner, either razing and removal of said dwelling or satisfactory repair of the dwelling and further removal of all debris therefrom, within 30 days of the date of service of the Council's Order upon each owner. RESOLUTION NO. 2012-64 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. N. r f April 23, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.