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Home My WebLink About2017-092 CCRMember April Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2017-92 A RESOLUTION ORDERING THE ABATEMENT OF HAZARDOUS / NUISANCE CONDITIONS AT 7241 FREMONT AVENUE NORTH IN THE CITY OF BROOKLYN CENTER WHEREAS, the real property located at 7241 Fremont Avenue North, legally described on Exhibit A attached hereto (the "Property"), contains, in part, a single-family dwelling, a garage, and an accessory shed; and WHEREAS, the Property is owned by Garald G. Schake (the "Owner") and is currently unoccupied; and WHEREAS, on or about January 31, 2017, a physical inspection of the Property was conducted by the Hennepin County Public Health Department and the City of Brooklyn Center (the "Authorities") and the following conditions were observed: garbage strewn around the interior of the dwelling and garage; no clear walking path throughout the dwelling; egress blocked throughout the dwelling (unable to access doors and windows); putrid and decaying organic matter throughout the dwelling; insect infestation throughout the dwelling; unsanitary conditions throughout the dwelling, including in the kitchen and bathrooms; no running water or flushing toilet in the bathrooms; and WHEREAS, the Authorities also observed that the accessory shed located on the Property has numerous unrepaired openings, is significantly deteriorated, and is not structurally sound; and WHEREAS, the Authorities have also conducted an inspection of the exterior portion of the Property and observed multiple landscaping ponds that are dilapidated, unmaintained, and unsanitary; and WHEREAS, Minnesota Statutes, Section 463.15, subdivision 3 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 a hazard to public safety or health"; and WHEREAS, Minnesota Statutes, section 609.74 and section 19-101 of the Brooklyn Center City Code deem it a public nuisance to maintain or permit a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any number of members of the public; and WHEREAS, Minnesota Statutes, section 463.161 authorizes the governing body of any city or town to order the owners of any hazardous building or property within the municipality to correct or remove the hazardous conditions; and RESOLUTION NO. 2017-92 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, pursuant to section 19-105 of the City Code, the City Council may also order the abatement of a nuisance on any premises; and WHEREAS, on January 31, 2017, the Authorities personally provided to the Owner a compliance order indicating their intent to take further abatement action if the Owner failed to correct the issues described herein; and WHEREAS, the Owner did not appeal the compliance order, nor has he complied with the compliance order, and the Property is still in the above-described condition; and WHEREAS, based on the information presented, the City Council has decided that the condition of the Property is both hazardous and a public nuisance and, therefore, must be abated in accordance with applicable state and local laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council adopts, as factual findings, all of the above -listed Recitals. 2. The Property's single-family dwelling, garage, and shed, along with the exterior portion of the Property, are all hazardous, as defined by Minnesota Statutes, Section 463.15 and Section 12-1103 of the Brooklyn Center City Code. 3. The single-family dwelling on the Property is unfit for human habitation under Section 12-1101 of the Brooklyn Center City Code. 4. The condition of the Property also constitutes a public nuisance within the meaning of Minnesota Statutes, Section 609.74 and Section 19-101 of the Brooklyn Center City Code. 5. The condition of the Property's dwelling also violates Sections 12-301 to 12- 305 of the Brooklyn Center City Code (Maintenance, Storage and Disposal of Rubbish and Garbage) and 12-311 (Food for Rodents). 6. The condition of the Property's shed also violates Section 12-707 of the Brooklyn Center City Code (Accessory Structure Maintenance). 7. The City Attorney shall prepare an Abatement Order substantially similar to that attached hereto as Exhibit B. RESOLUTION NO. 2017-92 8. The City Attorney is authorized to take all necessary legal steps to effectuate service of this Resolution and the corresponding Abatement Order in the manner required by state and/or local law. 9. The City Attorney and City staff are further authorized to take all necessary legal steps to secure compliance with the Abatement Order and to obtain authority to remove and abate the hazardous and nuisance conditions on the Property by court order and assess the costs thereof against the Property. June 26 2017 ��- Date Mayor P Tem ATTEST: A " City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Marquita Butler and upon vote being taken thereon, the following voted in favor thereof: Dan Ryan, Marquita Butler, April Graves, Kris LAwrence-Anderson and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2017-92 EXHIBIT B Abatement Order STATE OF MINNNESOTA COUNTY OF HENNEPIN In the Matter of the Hazardous Building Located at 7241 Fremont Avenue North, Brooklyn Center, Minnesota TO: All owners, occupants, and lienholders of record. DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Other Civil ORDER FOR ABATEMENT OF HAZARDOUS/NUISANCE PROPERTY The City Council of the City of Brooklyn Center (the "City") orders that within 20 days of service of this Order that you abate the hazardous/nuisance conditions which exist on the property located at: 7241 Fremont Avenue North, in the City of Brooklyn Center, which property is legally described on Exhibit A attached hereto (the "Property"). The City, pursuant to Minnesota Statutes Sections 463.15 to 463.261, finds that the Property constitutes a hazardous building and/or property and a public nuisance. The following observations lead to these findings: garbage strewn around the interior of the dwelling and garage; no clear walking path throughout the dwelling; egress blocked throughout the dwelling (unable to access doors and windows); putrid and decaying organic matter inside of the dwelling; insect infestation throughout the dwelling; unsanitary conditions throughout the dwelling; no running water or flushing toilet in dwelling's bathrooms; the unmaintained and dilapidated accessory shed; and the numerous unmaintained, dilapidated, and unsanitary landscaping ponds. B-1 500520v1 DTA BR291-377 RESOLUTION NO. 2017-92 The City also finds that the property located at the above -referenced address constitutes a public nuisance for the same reasons set forth above and is in violation of numerous provisions of the Brooklyn Center City Code. The property is also unfit for human habitation pursuant to Section 12-1101 of the Brooklyn Center City Code. Accordingly, it is hereby ORDERED that you abate the hazardous/nuisance conditions within 20 days of the date of service of this Order by completing the following: 1. Remove all garbage and unnecessary articles from the dwelling and garage; 2. Provide clear passage through the dwelling's rooms; 3. Provide egress to all doors and windows inside of the dwelling; 4. Remove and properly dispose of all decaying and putrid organic matter inside the dwelling; 5. Treat the dwelling for insect infestation to ensure removal of all pests and insects; 6. Clean the restrooms and kitchen to make flee from debris and soil; 7. Provide running and flushing water in restrooms; 8. Repair or remove the unmaintained accessory shed; and 9. Remove or repair the unmaintained landscaping ponds from the exterior of the property. You must apply for and obtain the appropriate permit(s) for the work you intend to perform from the appropriate City offices before abating the conditions. This Order is not a permit. Further, all work completed is subject to inspection by the City's building inspector, Fire inspector, and other staff City or County Personnel, as required, to ensure compliance with applicable rules and law. B-2 500520v1 DTABR291-377 RESOLUTION NO® 2017-92 You are further advised that unless such corrective action is taken or an Answer is served on the City and filed with the Hennepin County District Court Administrator within 20 days of the date of service of this Order upon you, a motion for summary enforcement of this Order will be made to the Hennepin County District Court. You are further advised that if you do not comply with this Order and the City is compelled to take any corrective action, all necessary costs incurred by the City in taking the corrective action will be assessed against the property pursuant to Minnesota Statutes Section 463.21. In connection thereto, the City intends to recover all its expenses incurred in carrying out this Order, including specifically but not exclusively, filing fees, service fees, publication fees, attorneys' fees, appraisers' fees, witness fees, including expert witness fees and traveling expenses incurred by the City from the time this Order was originally made pursuant to Minnesota Statutes Section 463.22. Dated , 2017 KENNEDY & GRAVEN, CHARTERED ME David T. Anderson (#393517) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 ATTORNEY FOR THE CITY OF BROOKLYN CENTER B-3 500520v1 DTA BR291-377 RESOLUTION NO. 2017-92 Legal Description U That part of the East 125 feet of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 25, Township 119 North, Range 21 West of the Fifth Principal Meridian, lying north of the south 505 feet thereof, being a part of Lot 46, Auditor's Subdivision Number 309, Hennepin County, Minnesota, according to the recorded plat thereof. Mission: Ensuring an attractive, clean, safe, inclusive coni nunity that enhances the quality of life for all people anal preserves the public trust