HomeMy WebLinkAbout2016-163 CCPMember Dan Ryan introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2016-163
A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS
CREATING A NUISANCE AND A HAZARDOUS PROPERTY EXISTING AT
7000 OLIVER AVENUE NORTH IN THE CITY OF BROOKLYN CENTER
WHEREAS, the property located at 7000 Oliver Avenue North, legally described
on Exhibit A, attached hereto, which contains a single-family dwelling (the "Subject Property");
and
WHEREAS, a physical inspection of the Subject Property by the City Inspectors
and Hennepin County Environment Health Personnel on July 27 and August 12, 2016, found the
following conditions: garbage strewn around the interior of the dwelling; narrow walking path
throughout the dwelling; egress blocked throughout the dwelling (unable to access doors and
windows); no access to any rooms, including the basement; conditions allowing the breeding of
insects and vermin; unsanitary conditions throughout the dwelling; fire hazards including
completely full back porch, basement and no access to furnace or hot water heater; non-
functioning lighting throughout; vermin and dog feces on main floor; sewage leaking in
basement; and, no access to garage; and
WHEREAS, the City has communicated its intent to the Owners of the Subject
Property that if they fail to comply with the applicable City and County health, building, and fire
codes, the City would institute a hazardous building action; and
WHEREAS, the Owners have expressed a desire to have the City complete the
necessary work on the Property to abate the nuisance and hazardous conditions; and
WHEREAS, Minnesota Statutes, Section 463.161 authorizes 'the governing body
of any city or town to order the owners of any hazardous building within the municipality to
correct or remove the hazardous condition; and
WHEREAS, Minnesota Statutes, Section 463.15, subdivision 3 defines a
"hazardous building" as "any building..., which because of inadequate maintenance,
dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard or
a hazard to public safety or health;" and
WHEREAS, Minnesota Statutes, Section 463.161 et seq. authorizes a city to
correct or remove a hazardous condition of any hazardous building if the owner of record fails to
do so after a reasonable time and the district court enters a judgment sustaining the city's order;
and
WHEREAS, Minnesota Statutes, Section 463.151, authorizes the governing body
of any city to remove or correct any hazardous condition of real estate upon obtaining the
consent in writing of all owners and lienholders of record and assess the costs thereof to the real
estate; and
RESOLUTION NO. 2 01 F1_ 1 h 3
WHEREAS, the Owner and the City have agreed to enter into a Consent and
Waiver Agreement allowing the City to perform the work and assess the costs of the work to the
Property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center as follows:
1. The house located on the Subject Property, specifically the interior
conditions which includes excessive rubbish accumulation, harborage grounds, and fire hazards
is hazardous as defined by Minnesota Statutes, Section 463.15 and City Code Section 12-1103.
2. The house also constitutes a public nuisance within the meaning of
Minnesota Statutes, Section 609.74 and is unfit for human habitation pursuant to City Code
Section 12-1101.
3. The condition of the Property violates City Code Sections 12-301 to 12-
306 (Maintenance and Storage and Disposal of Rubbish and Garbage) and 12-310 and 12-311
(Rodent Harborage).
4. An Abatement Order substantially similar to that attached hereto as
Exhibit B shall be served upon all parties with an interest in the Subject Property in order to
effectuate this Resolution if the parties do not execute and follow through with the agreed-upon
Consent and Waiver Agreement.
5. The Consent and Waiver Agreement is approved. The City Attorney and
City staff are authorized to take all necessary steps to secure compliance with the Agreement.
6. Alternatively, the City Attorney and City staff are authorized to take all
necessary legal steps to secure compliance with the Abatement Order and to obtain authority to
remove and abate the hazardous conditions on the Subject Property by court order and assess the
costs thereof against the Subject Property.
October 10, 2016
Date
ATTEST:
City Clerk
Mayor
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, April Graves, Lin Myszkowski, Dan Ryan
mud the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 2016-163
EXHIBIT A TO RESOLUTION
Legal Description
Lot 12, Block 9, in Hipp's East Palmer Lake Addition