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HomeMy WebLinkAbout2016-074 CCRMember Lin Myszkowski introduced the following resolution and moved its adoption: RESOLUTION NO. il01674 RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS WITH RESPECT TO THE REAL ESTATE LOCATED AT 6037 COLFAX AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 2, BLOCK 1, DAHINDEN'S SECOND ADDITION, HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA AND ITS OWNERS, SHAWN AND SHANNON GILLESPIE 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 owners and owners of record of the residential property (house and garage) at 6037 Colfax Avenue N, Brooklyn Center, Minnesota (hereinafter "the Property") are Shawn and Shannon Gillespie; and WHEREAS, the buildings and premises are hazardous by reason of the following: On December 2, 2015, the garage and home of the Property was inspected and determined to be a hazardous building. The buildings suffered severe fire damage on November 22, 2015. The roof and exterior walls are significantly compromised. The electrical system is compromised and the plumbing and mechanical systems are damaged. The garage is also in poor condition due to lack of maintenance. The structural integrity of the dwelling has been compromised where there is a risk of collapse. The house is not habitable is structurally unsound. RESOLUTION NO. 2016-74 WHEREAS, the City has notified the owners of record, Shawn and Shannon Gillespie as well as lienholders Ocwen Loan Servicing LLC and PFB Law PA, 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 them to raze and remove the dwelling and garage or rebuild according to laws and codes; and WHEREAS, neither the owners, Shawn and Shannon Gillespie, nor the lienholders, Ocwen Loan Servicing LLC and PFB Law PA, have 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; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: The City Council finds that the single family home and garage at 6037 Colfax Avenue North Brooklyn Center, Minnesota are hazardous buildings because of the extensive damage caused by fire and deferred maintenance. The structural integrity of the dwelling 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 garage 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. 2016-74 / ) May 23.2016 (/Lv Date Mayor ATTEST: jrw" 44k City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member April Graves and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, April Graves, Kris Lawrence-Anderson, Lin MyszkOwski, Dan Ryanand the following voted against the same: whereupon said resolution was declared duly passed and adopted.