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HomeMy WebLinkAbout1997-145 CCRMember 1 A+))1ee►n CQrMody . moved its adoption: introduced the following resolution and RESOLUTION NO. � -7" 14 S RESOLUTION ORDERING THE ABATEMENT OF PUBLIC NUISANCES AND BUILDING MAINTENANCE AND OTHER ORDINANCE VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5912 CAMDEN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA, LEGALLY DESCRIBED AS LOT TEN (10), BLOCK ONE (1), "CAMDEN ACRES," HENNEPIN COT JNTY..,MINNESOTA WHEREAS, Brooklyn Center City Ordinance Chapter 19 defines certain conditions which constitute public nuisances and public safety and health hazards; and WHEREAS, Brooklyn Center City Ordinances §19-1303, §19-1304, §19-103, subds. 3 and 4, and §19-103, subd. 11, specifically define as nuisances and prohibit the same as the storage and keeping of automobile parts and related accessories, unlicensed and junk vehicles, garbage and refuse not properly stored and the accumulation of junk, disused furniture, appliances, machinery and/or parts thereof; and WHEREAS, the prohibition of public nuisances under Chapter 19 is necessary to • protect the comfort, repose, health, safety and welfare of the public by eliminating a harborage for vermin, rats, and other animals who may pose a danger to the public safety and to provide for the proper disposal 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, Brooklyn Center City Ordinance Chapter 12 defines the minimum standards for maintenance of all buildings and properties within the City to correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health of the citizens of Brooklyn Center; and WHEREAS, Ray C. Fagre is the fee owner and occupant of that real property located at 5912 Camden Avenue North, Brooklyn Center, Minnesota, legally described as Lot Ten (10), Block One (1), "Camden Acres," Hennepin County, Minnesota; and WHEREAS, City inspectors inspected said premises on July 31, 1996, following complaints made by neighbors and based upon their own prior knowledge that public nuisances exist at this premise on and said date specifically found numerous violations of the City's Building Maintenance and Occupancy Ordinance and Public Nuisance Ordinance specifically, including the storage of unlicensed and inoperable motor vehicles, scrap metal, tires, building materials, auto parts, junk and debris, construction equipment and machinery, boats and trash, and further • inspectors found that the soffits, fascia, roof, siding and brick veneer of the premises were in disrepair and in need of repair, replacement and paint; and RESOLUTION NO. • WHEREAS, a Building Maintenance Compliance Order was served upon Ray Fagre on July 31, 1996, identifying each violation and requiring satisfactory remedial abatement on or before August 12, 1996, and; WHEREAS, the property was reinspected on June 10, 1997, and the same violations detected in 1996 were present, to -wit: the presence of unlicensed and inoperable motor vehicles, construction equipment, trash, rubbish, garbage, tires, wood, barrels, building materials, glass, and the significant deterioration to the dwelling, including a deteriorated roof which was not water tight, missing or deteriorated siding, loose and missing brick, dilapidated soffit and fascia and broken doors, windows, screens, and an absence of paint on all exterior surfaces; and WHEREAS, a compliance order was served upon Ray Fagre on June 10, 1997, requiring compliance by July 18, 1997; and WHEREAS, all subsequent inspections have shown that the violations previously identified have not been corrected or abated; and WHEREAS, Brooklyn Center City Ordinances §12-1206 and §19-105 provide that upon the failure to comply with the compliance order and from which no appeal has been taken • by the owner or occupant of real property, the City Council, by resolution, may cause the deficiencies to be remedied as described in the compliance order and further provides that the costs of such remedy shall be a lien against the real estate and may be levied and collected as a special assessment in the manner provided by MinnesotaStatute , Chapter 429, but said assessment shall be payable in a single installment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council finds the presence and/or storage of unlicensed and inoperable motor vehicles, boats, scrap metal, building materials, glass, tires, wood, construction materials, and the like at 5912 Camden Avenue North, Brooklyn Center, Minnesota, is a hazard and a violation of the Building Maintenance and Occupancy Code in violation of Chapters 19 and 12 of the Ordinances of the City of Brooklyn Center. 2. The abatement of all of the nuisances and violations of Chapters 19 and 12 more particularly described in the building maintenance compliance orders, attached hereto and incorporated herein, is hereby ordered by the City Council of the City of Brooklyn Center forthwith, as follows: a) removal of all unlicensed and/or inoperable motor vehicles and construction equipment from the premises; b) removal of all scrap metal, lumber, construction machinery, building materials, debris, refuse, boats, auto parts and junk from • the premises; and c) repair and/or replacement of the roof of the dwelling to make it water tight, repair and replacement of deteriorated siding, brick veneer, repair and replacement of soffits and fascia, repair and replacement of all broken windows, doors, storm windows, screens, and painting of all exterior surfaces. • • 0 RESOLUTION NO. I - 1q6 BE IT FURTHER RESOLVED that the City Manager of the City of Brooklyn Center 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, attorneys' fees, costs and disbursements and to send a statement of such costs to the land owners and occupant who are directed herewith to pay the same. 8 -Ace I Igg7 Date ATTEST:IYwU City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Rplr+- PQ� 2 and upon vote being taken thereon, the following voted in favor thereof: 04PPk i:MY 551 ka}hleevl UeymAH t DebrA Pi Is-h-arn, }Cay LAS"n, Kolner¢ Arfee- and the following voted against the same: h WC whereupon said resolution was declared duly passed and adopted.