HomeMy WebLinkAbout2001-012 CCRMember Kay Lasma.n introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2001-12
RESOLUTION ORDERING THE RAZING AND REMOVAL OF A HAZARDOUS
BUILDING 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 5525
MORGAN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY
DESCRIBED AS LOT 5, BLOCK 2, FRANZEN'S 2ND ADDITION, ACCORDING TO
THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA
WHEREAS, Minnesota Statutes §453.15 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 12, specifically §12-302,
requires the owner of every building used as a dwelling to maintain said building in a clean, sanitary
and safe condition, and § 12-1110 defines as a building unfit for human habitation any building or
portion thereof which is decayed, dilapidated, unsanitary and/or infested creating a hazard to public
health, safety or welfare, and that further §12-1103 provides that any building deemed unfit for
human habitation may be declared a hazardous building within the provisions of Minnesota Statutes
Chapter 463; and
WHEREAS, the razing and removal of a hazardous building and the abatement of
public nuisances is necessary to protect the health, safety and welfare of the public by elimination of
dangerous conditions, and health and sanitary hazards; and
WHEREAS, City Inspectors have inspected the above-described premises on March
27, 2000, and found at that time the widespread accumulation and growth of mold in all rooms on
the main level including mold growing on support beams, in the furnace and the furnace ducts, found
that mold caused the joists in the basement ceiling to turn black and that due to the extreme presence
of moisture in the dwelling, the floors are warped throughout the main level; and
WHEREAS, the City Inspectors in consultation with others, including a review of
available medical literature, have determined that this mold poses a danger to human health, that the
house cannot be cleaned and, in fact, the only proper abatement is the razing and removing of the
dwelling and removal of all debris therefrom and the filling of the excavation with clean fill to grade;
and
WHEREAS, said property was previously owned by Cory A. Custer and Jodi C.
Custer, who have now abandoned the property and whose interest in the property has, in fact, been
terminated by a mortgage foreclosure proceeding; and
WHEREAS, Firstar Bank of Minnesota, N.A. is now the fee owner of said real
property by virtue of its mortgage foreclosure and that said bank now the fee owner according to that
Resolution No. 2001-12
Certificate of Title Number 1041825 and of the public records in and for the Office of the Registrar
of Titles of Hennepin County, Minnesota, and that there are no other owners of record.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. The City Council adopts the report of David Fisher, Building Official, which is
attached hereto and incorporated herein.
2. The City Council finds that the single family dwelling at 5525 Morgan Avenue
North, Brooklyn Center, Minnesota 55430 is a hazardous building because of
inadequate maintenance, dilapidation and unsanitary conditions due to the
widespread and pervasive growth of mold and structural damage in the form of
warped floors and further finds that said conditions constitute a public nuisance and
public health and safety hazard in violation of Chapter 12 of the ordinances of the
City of Brooklyn Center, and Minnesota Statutes Chapter 463, and that, in fact, said
dwelling is unfit for human habitation.
3. The razing and removal of the single family dwelling and the abatement of the
nuisances thereon by removal of the dwelling and all of the debris and contents
. thereof is hereby ordered by the City Council of the City of Brooklyn Center as
follows:
a. The razing and removal of the single family dwelling at 5525 Morgan Avenue
North with removal of all debris and contents thereafter and the filling of the
excavation with clean fill to grade.
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.
January 8, 2001
Date
111 ANA
ATTEST:
City Clerk
1-1~
0 Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
Ed Nelson and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Kay Lasman, Ed Nelson and Robert Peppe;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 2001-12
ORDER FOR THE RAZING AND REMOVAL OF A
HAZARDOUS BUILDING AND THE ABATEMENT OF
PUBLIC NUISANCES EXISTING AT
5525 MORGAN AVENUE NORTH,
BROOKLYN CENTER, MINNESOTA 55430
The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No.
2001-12 herewith orders Firstar Bank of Minnesota, N.A. to raze and remove that single family
dwelling at 5525 Morgan 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 and to further abate the public nuisances existing thereon 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 and all public nuisances
abated 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 BROOKLYN CENTER
Dated: January 8, 2001
Michael McCauley, City Manager