HomeMy WebLinkAbout2000-102 CCRadoption:
Member Kay Lasman introduced the following resolution and moved its
RESOLUTION NO. 2000-102
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 5327 PENN AVENUE
NORTH, BROOKLYN CENTER, MINNESOTA 55430, LEGALLY DESCRIBED AS LOT
2, BLOCK 1, QUEEN ADDITION, ACCORDING TO THE RECORDED PLAT
THEREOF, HENNEPIN COUNTY, MINNESOTA
1
WHEREAS, the Ordinances of the City of Brooklyn Center, specifically Chapters
5 and 12, define as a hazardous building and a building deemed unfit for human habitation, any
building or portion thereof which is dilapidated, unsanitary, unsafe or which suffers from
obstructions from any source, including materials, articles or merchandise, liable to interfere with
the operation of the fire department or egress of occupants in case of fire or which suffers any
condition on the premises likely to cause fire so as to endanger property or life; and
WHEREAS, any dwelling deemed unfit for human habitation is also a hazardous
building within the meaning of Minnesota Statutes Chapter 463.15; and
WHEREAS, Police Officers were called to 5327 Penn Avenue North, in the City of
Brooklyn Center, on 13 January 2000 to attend to a medical emergency involving the record owner,
Jonatte Gunhild Strand, age 95, and found that the residence was so packed with clothing, furniture,
articles of personal property, paper, bags, boxes and other combustible materials to such an extent
that Officers even had difficulty finding Jonatte Gunhild Strand and extricating her from the
dwelling for transport to North Memorial Hospital; and
WHEREAS, Sara Louise Strand, daughter of Jonatte Gunhild Strand, is also a
resident and occupant of 5327 Penn Avenue North and the care giver and agent of Jonatte Gunhild
Strand; and
WHEREAS, City Inspector, Ed Lovelace, inspected this premises in January,
February and April 2000 and found the residence virtually full of the aforementioned items of
personal property, many of which were stored next to appliances, heating duct work and the furnace
and blocking transit through the home and egress from doors and windows and filling the bathrooms
and bath tubs and kitchen areas of the home, making it unlikely that those facilities are fully usable;
and
WHEREAS, the City Council adopts the findings of the Police Department and the
Housing Inspector pursuant to their reports attached hereto and incorporated herein; and
RESOLUTION NO. 2000-102
WHEREAS, the owner of record of said real property is Jonatte Gunhild Strand, age
95. Sara Louise Strand, her daughter, who is also an occupant of said dwelling, is the agent and care
giver for Jonatte Gunhild Strand. Jonatte Gunhild Strand and Sara Louis Strand were previously
served with Compliance Orders from the City of Brooklyn Center requiring abatement of all of the
nuisances and hazardous conditions recited here; and
WHEREAS, Jonatte Gunhild Strand and Sara Louise Strand, her agent and care giver,
have failed and refuse to comply with said Compliance Orders.
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 5327 Penn Avenue
North, Brooklyn Center, Minnesota 55430, is a hazardous building because of the
presence of large amounts of clothing, fabric, furniture, boxes, bags and other
items of combustible personal property stored in and near sources of ignition and
blocking transit through the home and egress from doors and windows, thus
constituting a fire hazard.
2. The City Council finds that the condition of the premises at 5327 Penn Avenue
North, Brooklyn Center, Minnesota 55430, constitutes a hazardous property and
a public nuisance within the meaning of Minnesota Statutes §463 and Brooklyn
Center Ordinances Chapters 5 and 12 and that said dwelling is unfit for human
habitation.
3. The abatement of nuisances and fire hazards at 5327 Penn Avenue North,
Brooklyn Center, Minnesota, is hereby ordered by the City Council of the City
of Brooklyn Center as follows:
a. Remove all clothing, boxes, bags, papers, furniture and other items of
personal property, such that all kitchen, bathroom and sanitary facilities of
the home are available and usable.
b. Remove all clothing, boxes, bags, papers, furniture and other items of
personal property, such that transit through the home may be easily
accomplished and further such that egress from the home may be easily
accomplished through each door and window thereof.
c. Remove all clothing, boxes, bags, papers, furniture and other items of
personal property away from all duct work, furnaces, appliances and other
sources of ignition.
RESOLUTION NO. 2000-102
d. Remove all clothing, boxes, bags, papers, furniture and other items of
personal property to the extent that the Chief of the Brooklyn Center Fire
Department or his designated inspectors are satisfied that the property
complies with Chapter 5 of the Ordinances of the City of Brooklyn Center
and the provisions of the Uniform Fire Code adopted thereby.
BE IT FURTHER RESOLVED that 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.
May 22, 2000 ?1AA A.41 P, A -4,A d4_j
Date ayor
V
1
ATTEST:_V4)0V
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Fd Nelson And upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Debra Hilstrom, Kay Lasman, Ed Nelson;., and Robert Peppe,
and the following voted against the same: none;
whereupon said resolution was duly passed and adopted.
RES0T_t1TI0Nj ENO. 2000-102 Ya
Case N
Brooldyn Center o lice Departmelit-' y. 00--678
' r
t ' Q v~ MN0270200 w Incident MEDICAL.
Offense Code I v Offense Code 2
CIDENT REPORT
Offense Code 3 Offense Code 4
Location 5327 Penn Avenue N City/Stateaip Brooklyn Center, MN 55430
Date Committed 1/13/00 T neCommitted 0559 hours
Date Reported 1113/00 Time Reported 0559 hours
Date)Time Report Made 1/13/00 2200 Reporting Officer SELLNER Reviewed By/Date
Assigned To Reference Other Case Transcriptionist ck
DISPOSITION Arrest Pending Inactive Unfounded Excentionally Cleared (Adult or Juvenile)
Address Brooklyn Center Police Department city/stawzlp Brooklyn Center, MN 55430
Home Phone Work Phone sex Race
Other
Juv N Last Name, First, Middle DOB/
Address City/State/Zip
Home Phone Work Phone sex Race
Other
Last Name, First, Middle DOB/
Address City/State/Zlp
Phone (H) Phone (W) AKA's
sex Race Ht Wt Build Hair Eyes
Last Name, First, Middle DOB/
Address City/state/Lip
Phone (H) Phone (W) AKA's
Sex Race Ht Wt Build Hair Eyes
mss.
License #
Make (coot)
M Property Sheet jY/N)
Total Value of Loss
Year Sta
Color
N Crime Lab (YIN) N Technician
Other
Make/Model/Style
Veh Impounded (YIN) Veh Involved In Accident (YIN)
Prints? N Photos? N
RESOLUTION NO. 2000-102 99-678 Page 2
On 1/13/00 at 0559 hours, Officer Sellner and Officer PEARSON were called to 5327 Penn
Avenue N in Brooklyn Center .in reference to a medical. Upon arrival, Officers met with the
homeowner, a Sara Louise STRAND, dob 12/18/35, with a home address of 5327 Penn Avenue
N in Brooklyn Center, home phone of 612-560-0483. Sara Strand informed Officers that her 94
year old mother had fallen out of bed and seems disoriented. Sara Strand identified her mother as
JoAnatte Gunhild STRAND, dob 5/19/05, who also resides at 5327 Penn Avenue N.
Upon entering the residence through the rear door, Officers immediately observed that it was
difficult to move around the house, due to the amount of items that were stacked in the rooms and
in the hallways. Officers immediately went to a north bedroom, where Sara Strand stated that her
mother was lying on the floor. Upon entering the bedroom, Officers observed that there was a
large pile of clothing and blankets taking up approximately 3/4 of the bedroom, and observed that
the pile of items was approximately six feet high. Officers observed a twin bed in the bedroom,
but could not immediately find the victim. After searching around a large amount of clothing
items and blankets sitting on top of the bed, Officers were able to find JoAnatte Strand, sitting on
the floor between the bed and the large pile of clothing items. Officers had a difficult time
reaching the victim, due to the fact that the pile of blankets and clothing items were falling on top
of the victim and needed to be moved and pushed out of the way. Officers observed that there
was barely enough room to walk in the bedroom, and that the bed itself appeared un-usable.
Officers did provide medical attention to JoAnatte Strand and assisted North Memorial in
reference to run #AL01204.
Sellner asked Sara Strand if her.mother slept in the bed that contained a pile of clothing items, at
which time she stated she did, and that some of the items laying on the bed she had picked up off
of the floor in an attempt to get to her mother. Officers and paramedics on scene had a difficult
time transporting JoAnatte Strand out of the bedroom, through a hallway, through the kitchen and
out the hack door, due to the large amount of items stacked in every available open space in the
house. While transporting the victim out of the house, Sellner observed a bathroom area which
had a large amount of clothing items hanging on the door, making it difficult to close and also
observed that there was a large amount of items stacked from the floor up to the counter area in
the bathroom, making it difficult to walk through. Sellner also observed from the hallway the
living room area in the residence, which also appeared to be extremely cluttered with numerous
items stacked in every available open space, making it difficult to even walk through the living
room, as items had to be cleared as a pathway. Sellner also observed the kitchen area of the house
and observed that there were no open spaces on any of the counter tops, and that numerous items
were stacked on the floor, table and counter top in the kitchen. Sellner did attempt to move some
of these items to clear a pathway to get the victim out of the house, and observed that the large
stacks of items on the counter top were so full that when Sellner attempted to place other items on
top of them, that they fell over.
Due to the fact'that the victim, JoAnatte Strand, was believed to have had a stroke, Sellner was
not able to take photographs or to inspect the house further. Sellner does believe that the house is
a fire hazard and is unsafe for its occupants, due to the large amount of clutter and items piled
from the floor to the ceiling. Sellner does request that the residence be inspected for possible
violations.
Sellner
ck
RESOLUTION NO. 2000-102
CITY OF BROOKLYN CENTER
DEPARTMENT OF PLANNING AND INSPECTION
(612) 569-3344 FAX (612) 569-3494
BUILDING MAINTENANCE COMPLIANCE ORDER
DATE: January 25, 2000
COMPLIANCE DATE: February 25, 2000
TO: Jonatte Strand
5327 Penn Ave North
Brooklyn Center, MN 55430
LOCATION: 5327 Penn Ave North
1 st Notice
COMPLIANCE OFFICIAL: Ed Lovelace, Housing Inspector
The following violations of the Building~MaintenWe and Occunancv Ordinance were cited during a
recent inspection of the above premises. You are hereby informed that these violations must be corrected
on or before the COMPLIANCE DATE indicated.
Failure to correct violations or to make satisfactory arrangements to correct violations acceptable to the
compliance official, may result in suspension or revocation of your rental dwelling license if applicable.
In addition, your failure to comply may result in the issuance of a citation which, upon conviction, is
punishable by fine and/or imprisonment.
Section 12-1202 of the Ordinance provides for a fee of $25.00 to be charged for each reinspection
necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license
renewal for the property.
Section 12-1202 of the Ordinance also provides for Right of Appeal, when it is alleged that a Compliance
Order is based upon erroneous interpretation of the Ordinance. The Appeal must be submitted to the
Inspection Department, in writing, specifying the grounds for Appeal, within five (5) business days after
service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check.
This letter has been sent to the tenant notifying of re-inspection on the compliance date. If corrections
are made prior to the compliance date please contact our department to make an appointment and notify
the current resident of change.
If you have any questions or comments, please contact me at 569-3344,
Monday through Friday, 8:00 a.m. to 4:30 p.m.
DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION
12-303 Maintenance of Occupied Areas
The interior of your home as it now exists is a fire hazard, it is unsafe for you and your neighbors. It is
your responsibility to clean out the clothing and miscellaneous items discussed at my initial inspection.
I will reinspect weekly starting February 4 and will visit every Friday until February 25 by which time
all cleanup should be complete. If you find you are having difficultly please notify this office and we will
suggest social service help.
RESOLUTION NO. 2000-102
CITY OF BROOKLYN CENTER
DEPARTMENT OF PLANNING AND INSPECTION
(612) 569-3344 FAX (612) 569-3494
BUILDING MAINTENANCE COMPLIANCE ORDER
DATE: April 6, 2000
COMPLIANCE DATE: April 17, 2000
TO: Jonatte Strand
5327 Penn Ave North
Brooklyn Center, MN 55430
CC:
LOCATION: 5327 Penn Ave North
Final Notice
COMPLIANCE OFFICIAL: Ed Lovelace, Housing Inspector
The following violations of the Building Maintenance and Occunancv Ordinance were cited during a
recent inspection of the above premises. You are hereby informed that these violations must be corrected
on or before the COMPLIANCE DATE indicated.
Failure to correct violations or to make satisfactory arrangements to correct violations acceptable to the
compliance official, may result in suspension or revocation of your rental dwelling license if applicable.
In addition, your failure to comply may result in the issuance of a citation which, upon conviction, is
punishable by fine and/or imprisonment.
Section 12-1202 of the Ordinance provides for a fee of $25.00 to be charged for each reinspection
necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license
renewal for the property.
Section 12-1202 of the Ordinance also provides for Right of Appeal, when it is alleged that a Compliance
Order is based upon erroneous interpretation of the Ordinance. The Appeal must be submitted to the
Inspection Department, in writing, specifying the grounds for Appeal, within five (5) business days after
service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check.
This letter has been sent to the tenant notifying of re-inspection on the compliance date during the. If
corrections are made prior to the compliance date please contact our department to make an appointment
and notify the current resident of change.
If you have any questions or comments, please contact me at 569-3344,
Monday through Friday, 8:00 a.m. to 4:30 p.m.
DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION
SEE ATTACHED CITY ORDINANCE
RESOLUTION NO. 2000-102
1. Section 12-1101 UNFIT FOR HUMAN HABITATION
Any building or portion thereof, which is damaged, decayed, dilapidated, unsanitary, unsafe,
vermin or rodent infested, or which lacks provision for basic illumination, ventilation or sanitary
facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants
or of the public may be declared unfit for human habitation. Whenever any building or premises
has bee a declared unfit for human habitation, the compliance official shall order same vacated
within a reasonable time and shall post a placard on same indicating that it is unfit for human
habitation, and any operating license previously issued for such dwelling; shall be revoked.
2. It shall be unlawful for such building or portion thereof to be used for human habitation until the
defective conditions have been corrected and written approval has been issued by the compliance
official. It shall be unlawful for any person to deface or remove the declaration placard from any
such building.
Section 12-1103 HAZARDOUS BUILDING DECLARATION
In the event a building has been declared unfit for human habitation and the owner has not remedied
the defects within a prescribed reasonable time, the building may be declared a hazardous building
and treated consistent with the provisions of Minnesota Statutes.
1
RESOLUTION NO. 2000-102
' IIEMO
To: Mr. William (Bill) Clelland, City Prosecutor
From: Ed Lovelace, Housing Inspector
Subject: Sara Strand 5327 Penn Ave North, DOB 12/18/35
Date: May 8, 2000
J 7 f
On January 14, 2000, I inspected the home of Sara L. Strand at 5327 Penn Ave North and found
the entire premises cluttered and impassable because of the many piles of clothing, boxes, dirty
dishes, and food packages piled and scattered throughout. On January 25, 2000, compliance
orders were sent detailing the clean up required by February 25, 2000, noncompliance was the
result. As of this date Sara L. Strand has not responded to numerous attempts to resolve this
matter. Therefore, I am requesting a formal complaint be issued under Section 12-1101 Unfit for
Human Habitation and 12-303 Failure to Maintain Occupied Areas.
Please have a formal complaint issued to:
Sara L. Strand, DOB 12/18/35
1
5327 Knox Ave North
Brooklyn Center, MN 55430
Attachments:
Police Incident Report
Photographs
Compliance Report January 25, 2000
Compliance Report April 6, 2000
cc: David Fisher, Building Official
cc: Brad Hoffinan, Director of Community Development
RESOLUTION NO. 2000-102
To: William (Bill) Clelland, City Prosecuter
From: Ed Lovelace;~:f i
Subject: Formal Complaint for Sara Louise Strand, dob 12/18/35
r -u
YE °OflAhD,
Date: May 1, 2000
1
On January 13, 2000, Police were called to 5327 Penn Ave North Brooklyn Center in
reference to a medical emergency. When Officers arrived, Sara Strand informed them that
her mother had fallen out of bed and was disoriented. Upon entering the residence through
the rear door Officers noticed that it was difficult to move around the house due to the
amount of items that were stacked around and in the rooms and hallways. A Police incident
report was forwarded to Ed Lovelace, Housing Inspector who went to the Strand home on
January 14, 2000, upon entering the premises he immediately noticed the house was a fire
hazard, and told Sara Strand that the entire premises would have to be cleaned out. On
January 25, 2000, a compliance order was sent to Sara Strand directing her to clean out her
house by February 25, 2000, (a fire hazard) also, a site inspection would be made weekly to
check compliance as Sara had a broken arm and was having a hard time. The Housing
Inspector recommended several social service agencies that might help this home owner to
clean out her house but none were successful with helping for reasons unknown. On April 6,
2000, 1 again sent compliance orders because my weekly visits didn't move the owner to
abate the fire hazard. Sara Strand was originally given 30 days to abate this public nuisance but
refused to comply. We are now 5 months after the fact and Sara L. Strand has not responded
to numerous attempts to resolve this matter.
Therefore, I am requesting a formal complaint be issued under Section 12-110 1,
Unfit for Human Habitation, and reinspection fees be charged for 15 weeks.
Please have a formal complaint issued to:
Sara L. Strand, dob 12/18/35
5327 Penn Ave North
Brooklyn Center, MN 55430
cc: David Fisher, Building Official
cc: Brad Hoffman, Director of Community Development
Attachments:
smdle.wpd
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