HomeMy WebLinkAbout2021-019 Council Resolution CITY OF LINO LAKES
RESOLUTION NO. 21-19
RESOLUTION DECLARING A PUBLIC HEALTH AND SAFETY NUISANCE
AT 6367 WARE ROAD, LINO LAKES,MN AND ORDERING ABATEMENT
WHEREAS, multiple inspections have been conducted at 6367 Ware Road, Lino Lakes, MN
(the"Property"), which have found refuse, debris, discarded appliances, machinery,junk
vehicles, lumber, wood, and other items on the exterior of the Property; and
WHEREAS,property records indicate that the Property is owned by Benjamin and Jennifer
Hadash; and
WHEREAS, staff has found that the conditions on the property constitute public health and
safety nuisances pursuant to City Code sections 901.01(1), 901.02(5), 901.03(11), 901.03 (13),
901.03 (18), and 901.03(19); and
WHEREAS,the City has authority to abate public nuisances pursuant to City Code sections
901.04 and 903.01-06; and
WHEREAS, staff has ordered the Property owners to remove the nuisance conditions from the
• Property on numerous occasions; and
WHEREAS, since 2018, Benjamin Hadash has been cited thirteen(13) times for violations of
City Code relating to the Property; and
WHEREAS,Benjamin Hadash has been convicted of criminal charges for Property violations in
three court cases: 02-CR-18-7431; 02-CR-19-3205; and 02-CR-20-2607; and
WHEREAS, despite the orders, citations, and criminal convictions, the Property owners have
failed to remove the nuisance conditions and remedy the code violations on the Property; and
WHEREAS, on February 5, 2021,the City sent a letter to the Property owners via certified mail
that provided notice of the violations and stated that if the nuisance conditions were not removed
from the Property within 20 days, the City would proceed with abatement and assess all costs for
the same to the Property; and
WHEREAS, on March 1, 2021, staff inspected the Property and found that the nuisance
conditions and Code violations still remain; and
WHEREAS,the City Council finds that it is reasonably necessary,proper, and convenient, and
in the interest of the public health,public safety, and general welfare of the citizens of the City
that the nuisance conditions and Code violations on the Property be abated through any and all
appropriate legal processes.
•
• NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes:
1. The Property, located at 6367 Ware Road, Lino Lakes,MN is hereby declared to
constitute a public health and safety nuisance.
2. The conditions on the Property, including the refuse, debris,discarded appliances,
machinery,junk vehicles, lumber,wood, and other items on the exterior of the Property,
constitute nuisances and are a threat to the health, safety,and general welfare of the
community of the City.
3. City staff, City consultants, and the law firm of Rupp, Anderson, Squires &Waldspurger
are authorized and directed to take all steps necessary on behalf of the City to fulfill the
purposes of this resolution and to take all appropriate legal action to abate the nuisance
conditions and other code violations on the Property, including but not limited to
obtaining an administrative warrant and summary abatement order from a court; and
4. All costs of abatement, including but not limited to attorneys' fees, court costs, and the
costs to clean, remove, dispose, and/or store items of refuse or personal property shall be
assessed to the Property and certified to the County Auditor for collection with property
• taxes pursuant to 903.04(3) of the City Code.
Adopted by the Council of the City of Lino Lakes this 8th day of March, 2021.
The motion for the adoption of this resolution was introduced by Councilmember
Ruhlnd and was duly seconded by Councilmember Stoesz and upon vote being
taken thereon,the following voted in favor thereof: Ruhland,Lyden, Cavegn,
Stoesz, Rafferty
The following voted against same:None
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Rob Rafferty, Mayor
ATTEST:
• Julianne Bartell, City Clerk