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HomeMy WebLinkAbout2014-162 CCR Member Carol Kleven introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-162 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 5355 EMERSON AVENUE N BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 002, BLOCK 003, N. & E. PERKINS ADDITIONS TO MINNEAPOLIS, HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA AND ITS OWNER, JAMES J BREZINSKI 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 the residential property (house and garage) at 5355 Emerson Avenue N, Brooklyn Center, Minnesota (hereinafter "the Property") is James J Brezinski; and WHEREAS,the buildings and premises are hazardous by reason of the following: On 24 October 2014, the garage and home of the Property was inspected and determined to be a hazardous building. Water has been entering the dwelling and accessory structure through the failing roof and exterior wall system for a significant amount of time. The dwelling has major damage from the elements. The garage is also open to entry of pests. The structural integrity of both structures has been compromised where there is a risk of collapse. The house is not habitable and the house and garage are structurally unsound. RESOLUTION NO: 2014-162 WHEREAS, the City has notified the owner of record, James J Brezinski., that the Property is a hazardous building within the meaning of Minnesota Statutes Chapter 463.15 et seq and City ordinances adopting Chapter 463.15 and has ordered him to raze and remove the dwelling and garage or rebuild according to laws and codes; and WHEREAS, the owner, James J Brezinski., 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 and garage at 5355 Emerson Avenue N Brooklyn Center, Minnesota are hazardous buildings because of the extensive damage caused by water intrusion and deferred maintenance. The structural integrity of both structures has been compromised where there is a risk of collapse. 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 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. Should all interested parties fail to satisfactorily raze and remove or satisfactorily repair the hazardous buildings as laid out above, the City Manager is hereby authorized, upon an appropriate court order, 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. RESOLUTION NO: 2014-162 December 8 2014 Date Mayor ATTEST: .$Wzt &'t4'� tk City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowski and upon vote being taken thereon,the following voted in favor thereof: Tim Willson, Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.