HomeMy WebLinkAbout1997-111 CCR• adoption: Member KAJ Las rMO, introduced the following resolution and moved its
RESOLUTION NO. Q 1- 11 1
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 5501 BROOKLYN BOULEVARD, LEGALLY
DESCRIBED AS TRACT E, REGISTERED LAND SURVEY NO. 40 IN THE
CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA
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, Brooklyn Center City Ordinances §19-103 specifically defines as
nuisances and prohibits the same, the presence on any real property of any accumulation of rubbish,
garbage, junk, disused furniture, appliances and the like; 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, attractive nuisances and for the elimination of harborage for vermin, rats
and other animals who may pose a danger to the public safety and to provide for the proper storage
of refuse and garbage, thereby providing for more sanitary and safe conditions and to further protect
the integrity and desirability of neighborhoods by prohibiting the storage of junk and other refuse
in residential areas; and
WHEREAS, City Inspectors have inspected the above-described premises on March
27, 1997, and found that the single-family home is in extremely poor condition, suffering from the
structural failure of its center beams, causing the ceiling to sag to the center, many areas of cracked
and/or missing plaster on walls, exposed asbestos wrapping on duct work, deteriorated floor
coverings, substandard and/or missing sinks, toilets and plumbing, exposed and improperly
performed wiring; and
WHEREAS, City Inspectors have determined that the structural deficits of the
property are such that it cannot be rebuilt and that further the structure is unsafe and unsound; and
WHEREAS, on said date City Inspectors also observed garbage bags on or about the
premises which had been ripped open and the garbage, refuse, junk and contents thereof spread
• around the yard and further observed trash, broken furniture, refuse and rubbish in and about the
house; and
• RESOLUTION NO. - I 1 I
WHEREAS, said property was previously occupied by its record owners, Chris H.
Colbjornsen and Anne M. Colbjomsen, husband and wife, as joint tenants who have now abandoned
the property; and
WHEREAS, Bank United of Houston, Texas, the mortgagee, has caused a mortgage
foreclosure proceeding to be undertaken, resulting in the sale of the property; and
WHEREAS, following said mortgage foreclosure sale, title to said property shall pass
to the United States government Department of Housing and Urban Development because of its
guarantee of said loan; and
WHEREAS, said property is encumbered by a tax lien in favor of the United States
government, Internal Revenue Service, Document Nos. 4844524 and 50423 respectively.
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 5501 Brooklyn
Boulevard is a hazardous building because of inadequate maintenance,
• dilapidation, physical damage, unsanitary conditions and abandonment and
constitutes a hazard to the public safety and health, and the City Council
further finds that the presence of debris, refuse, garbage, disused furniture
and similar materials is a public nuisance and public health and safety hazard
in violation of Chapters 19 and 12 of the ordinances of the City of Brooklyn
Center.
2. The razing and removal of the single-family dwelling and the abatement of
nuisances there by the removal of all debris, including the above-described
refuse and rubbish is hereby ordered by the City Council of the City of
Brooklyn Center as follows:
Razing and removal of the single -family dwelling at 5501 Brooklyn
Boulevard with removal of all debris thereafter and the filling of the
excavation with clean fill to grade.
2. Removal of all garbage, trash, debris, refuse, disused furniture and the
like at the time of the removal of the building.
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
is
an accurate record of the cost of all actions and proceedings herein, including administrative time,
attorney's fees and costs and disbursements and to send a statement of such costs to the landowners
and occupants who are directed herewith to pay the same.
RESOLUTION NO.
119
Date
ATTEST:
City Clerk
Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
De brat, H► lo+rom and upon vote being taken thereon, the following voted in favor thereof:
ft►yrna Kram S, Debra } OSjrom, Kay Lasryan, Rober+40P—
and the following voted against the same: 11tyle—
whereupon said resolution was declared duly passed and adopted.
•
0
. ORDER FOR THE RAZING AND REMOVAL OF
A HAZARDOUS BUILDING AND THE
ABATEMENT OF PUBLIC NUISANCES
The City Council of the City of Brooklyn Center, Minnesota,
pursuant to Resolution No. herewith orders Chris H.
Colbjornsen and Anne M. Colbjornsen, husband and wife as joint
tenants, Bank United of Houston, Texas and the United States
Department of Housing and Urban Development to raze and remove that
single-family dwelling at 5501 Brooklyn Boulevard, Brooklyn Center,
Hennepin County, Minnesota which has been declared to be a
hazardous building and hazardous property within the meaning of
Minnesota Statutes Chapter 463.15, et seq and to further abate the
public nuisances existing thereon within 30 days from the date of
the 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,
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q1 --M
said lien to be levied and collected only as a special assessment
• in the manner provided by Minnesota Statutes Chapter 429 and the
provisions of Minnesota Statute §463.161.
City of Brooklyn Center
Dated:
Michael McCauley, City Manager
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