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HomeMy WebLinkAbout2017-129 CCRMember Dan Ryan moved its adoption: introduced the following resolution and RESOLUTION NO. 2017-129 A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE PROPERTY EXISTING AT 5848 ALDRICH AVENUE NORTH IN THE CITY OF BROOKLYN CENTER WHEREAS, the property located at 5848 Aldrich Avenue North, and legally described in the attached Exhibit A, contains a single-family dwelling (the "Subject Property") and is located in the city of Brooklyn Center (the "City") in the R1 - One Family Residence zoning district; WHEREAS, the Subject Property is owned and occupied by Paul V. Scully (the "Owner"); WHEREAS, the City has received complaints from community members that there are significant accumulations of refuse, including rubbish, garbage, scrap metal, engine parts, inoperable vehicles, junk appliances, and other debris located in the yard of the Subject Property; WHEREAS, staff members of the City conducted physical inspections of the Subject Property on May 27, 2016, June 8, 2016, July 13, 2016, August 25, 2016, October 4, 2016, October 20, 2016, November 8, 2016, December 22, 2016, January 8, 2017, February 1, 2017, April 12, 2017, May 12, 2017, June 13, 2017, and July 14, 2017 . During each inspection, the following conditions were observed in the yard of the Subject Property: numerous engine parts and miscellaneous scrap metal, inoperable vehicles on jacks/blocks with flat tires and expired tabs, the accumulation of junk trailers, junk furniture and junk appliances, piles of rubbish, significant accumulation of brush and debris; WHEREAS, sections 7-102 and 7-105 of the City Code deem it unlawful to store or accumulate any refuse on private property, unless such accumulation is in a container permitted, and the contents disposed of, under other provisions of the City Code; WHEREAS, section 19-103(4) of the City Code deems it a public nuisance to permit or maintain the accumulation of rubbish on real property; WHEREAS, sections 19-1303 and 19-1304 of the City Code deem it unlawful to keep or store inoperable vehicles or parts, engines, and related accessories unless these items are stored within an enclosed building; RESOLUTION NO. 2017-129 WHEREAS, section 19-101 of the 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; WHEREAS, sections 12-301 through 12-306 of the City Code impose certain requirements on the maintenance of personal property and on the storage and disposal of rubbish and garbage; WHEREAS, sections 12-309 through 12-311 of the City Code make it unlawful to accumulate boxes, lumber, scrap metal, or other similar materials that may provide rodent harborage or food sources; WHEREAS, by letters dated and mailed on June 2, 2016, August 25, 2016, and December 22, 2016 the City notified the Owner of his violations of certain code provisions addressed herein, as well as the steps needed to correct the conditions. The City offered to meet with the Owner to discuss the condition of the Subject Property. The City also communicated to the Owner that if he fails to bring the Subject Property into compliance, the City would institute additional enforcement action; WHEREAS, the Owner has not corrected any of the unlawful conditions on the Subject Property; WHEREAS, pursuant to sections 7-105, 19-105, and 12-1206 of the City Code, the City Council may order the abatement of certain violations by the City on any premises; WHEREAS, the City Council considered this matter on August 14, 2017. On July 31, 2017, the Owner was mailed notice of this hearing and all persons desiring to be heard were afforded the opportunity; and WHEREAS, based on the information presented, the City Council has decided that the condition of the Subject Property constitutes a public nuisance and violates local law and, therefore, should be abated. 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, and finds violations of all code provisions listed herein. 2. The condition of the Property constitutes a public nuisance in light of these violations. 3. Pursuant to its authority under the City Code, City staff is authorized to take necessary steps to conduct the abatement of the aforementioned violations and assess the costs thereof against the Property. RESOLUTION NO. 2017-129 August 14, 2017,- Date Mayor ATTEST: �J" City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: Marquita Butler and the following voted against the same: Tim Willson,Marquita Butler,April Graves,Kris Lawrence-Anderson,Dan Ryan whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2017-129 Exhibit A The West 1/2 of Lot 24, Lyndale Riverside Acres, Hennepin County, Minnesota.