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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 t2-4 Rob Rafferty, Mayor ATTEST: • Julianne Bartell, City Clerk