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HomeMy WebLinkAbout2017-130 CCRMember April Graves moved its adoption: RESOLUTION NO. introduced the following resolution and 2017-130 RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE PROPERTY EXISTING AT 6007 LYNDALE AVENUE NORTH IN THE CITY OF BROOKLYN CENTER RECITALS WHEREAS, the property located at 6007 Lyndale 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 by Steve Hinz (the "Owner") and is currently occupied by Rodney Birosh (the "Occupant"); 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 September 19, 2016, September 21, 2016, October 19, 2016, October 26, 2016, November 9, 2016, November 17, 2016, February 28, 2017, March 21, 2017, April 13, 2017, May 11, 2017, and May 31, 2017. During each inspection, the following conditions were observed in the yard of the Subject Property: junk/furniture/appliances, rubbish and brush, inoperable vehicle(s), engine parts and other vehicle parts; 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 of the City Code deems it a public nuisance to permit or maintain the accumulation of rubbish and junk 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; 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; RESOLUTION NO. 2017-130 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 September 21, 2016, October 19, 2016, March 21, 2017, the City notified the Owner and the Occupant of the 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 and Occupant to discuss the condition of the Subject Property. The City also communicated to the Owner and the Occupant that if they fail to bring the Subject Property into compliance, the City would institute additional enforcement action; WHEREAS, neither the Owner nor the Occupant have corrected any of the unlawful conditions of 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 and the Occupant were 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. 2017-130 August 14, 2017 Date ATTEST: - IMAM City Clerk Mayor 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: Dan Ryan 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. 2017-130 Exhibit A Lot 7, Block 1, "A.J. Larsen's Addition", Hennepin County, Minnesota.