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90-1164 /.-_,:1 �,� %- ,�f1 ORI � � N�AL A ° Council File # o " Green Sheet # ��T� RESOLUTION - CITY OF S INT PAUL, MINNESOTA � h � O" Presented By Referred To Committee: Date WHEREAS, the Division of Public Health has requested the City Council to hold a public hearing to consider the advisability and necessity of the correction or wrecking and removal of a dilapidated and deteriorated wood frame, two story, mixed-use residential and commercial structure located on property hereafter referred '�to as the "Subject Property" and commonly known as 659 North Western Avenue. This Abstract property is legally described as: North 41 feet of lots 59 and 60, Block 8, Smith's Subdivision of Blocks 2, 6, 7 and 8 of Stinsons Division of the Northwest 1/4, Sec 36, Town 29 N, Range 23 West, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. WHEREAS, based upon the records in the Ramsey County Recorder's Office on March 19, 1990 the following persons are owners, interested parties or responsible parties of the Subject Property: State of Minnesota, Trust Exempt, 109 Court House, Saint Paul, Minnesota, 55102; T. (Tom) Anderson, last known address (August 1986) , 2828 Harriet Avenue South, Minneapolis, Minnesota; Ambrose A. Cozack (address unknown) ; Tony G. Simon, last known address (August 1986) , 500 Main Street North East, Minneapolis, Minnesota, 55413; Marie M. Simon, (address unknown) possibly the same as Tony Simon; Terry R. Gurnaud, last known address (September 1987) P.O. Box 354, Osseo, Minnesota, � 55369-0354; Pat Cassady, 702 Charles Avenue, Saint Paul, Minnesota, 55104 The addresses of the above noted persons were obtained from various sources, including the tax records of the Ramsey County Department of Taxation and Records Administration, vacant building registration forms, phone books, mortgage companies, relatives, etc. ; and WHEREAS, the Division of Public Health has issued an order identified as an "Abandoned Building Notice" dated March 12, 1990 which is attached and incorporated as part of this Resolution by this reference. This order was served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code on all owners, interested parties and responsible parties of the Subject Property known to the enforcement officer. The notice and order informed these parties that the dilapidated and deteriorated, wood frame, two story, mixed-use residential and commercial structure located on the Subject Property is an abandoned building and a nuisance pursuant to Sections 45.01, Subd. 1 and 45.02, Subd. 11 of the Saint Paul Legislative Code. The March 12, 1990 order also had attached to it a list of deficiencies regarding the structure on the Subject Property, said list is attached and incorporated as part of this resolution; and 0 R i G ! �,Ir�. � � �-�o-���� WHEREAS, the March 12, 1990 order informed all known owners, interested parties and responsible parties that they must either repair the structure on the Subject Property by correcting the list of deficiencies or demolish the structure, either action to take place by April 12, 1990; and WHEREAS, no action has been taken regarding compliance with the March 12, 1990 notice and order, and as a result the Division of Public Health requested that a public hearing be scheduled to take place on July 10, 1990 for the City Council to consider the advisability and necessity of ordering the correction of the nuisance condition or, in the alternative, to consider the demolition and removal of this structure; and WHEREAS, the above referenced owners, interested parties and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time and purpose of the July 10, 1990 hearing before the Council; and WHEREAS, a hearing was held before the Saint Paul City Council on July 10, 1990 and all testimony and evidence was considered by the Council. NOW THEREFORE, BE IT RESOLVED, that based upon all of the testimony and evidence presented at the July 1Q, 1990 hearing, the Saint Paul City Council hereby adopts the following Findings and Order concerning the structure at 659 North Western Avenue: 1. That in November of 1983 the structure located on the Subject Property was determined to be unoccupied. In May of 1984 the structure was determined to be vacant and has remained vacant and either open to access or boarded since that time. 2. That since May of 1984 the City of Saint Paul has on numerous occasions issued orders to the owners to make this structure secure and not accessible. On many occasions, because of the inaction on the part of the owners, the City has had to hire a private contractor to make the structure secure. 3. That the owners of the Subject Property have repeatedly failed to register and pay the vacant building fee for this structure as required by Chapter 43 of the Saint Paul Legislative Code. 4. That there are now and have been since November of 1983 multiple exterior Housing Code or Building Code violations in existence at the Subject Property. 5. That the owners, interested parties and responsible parties of this structure are as previously stated in this resolution. These individuals have been properly served notice of the July 10, 1990 hearing concerning this structure. -�- � � � � � � ' �' ' � ��°"'��y � 6. That on March 12, 1990 an Abandoned Building Notice was sent to the owners, interested parties and responsible parties ordering these persons to either demolish the structure or make repairs and cure the list of deficiencies by April 12, 1990. 7. That the order of March 12, 1990 has been disregarded by the owners, interested parties and responsible parties. 8. That all owners, interested parties and responsible parties known to the Division of Public Health have been informed on numerous occasions of the requirements to repair this structure and have failed to do so. 9. That the dilapidated and deteriorated, wood frame, two story, mixed- use residential and commercial structure located on the Subject Property is an abandoned building according to Section 45.01, Subd. l , of the Saint Paul Legislative Code in that it is "a building or portion thereof which has stood unoccupied for longer than one (1) year" and during that period of time it has been either "unsecured", "boarded", has had "multiple exterior Housing Code or Building Code violations" or has been placarded as "Unfit for Human Habitation" pursuant to Chapter 34 of the St. Paul Legislative Code. 10. That the dilapidated and deterioarated, wood frame, two story, mixed-use recidential and commercial structure located on the Subject Property is a nuisance as included under Saint Paul Legislative Code Section 45.02, Subd. 11, in that it is an abandoned building located in the City of Saint Paul that has created a dangerous or unhealthy condition or which threatens the public peace, health, safety or sanitary condition of the City or which is offensive or has a blighting influence on the community. 11. That the costs of abatement of this nuisance are estimated to exceed two thousand dollars ($2,000.00) or the abatement involves demolition of a building other than a structure accessory to a residential building. ORDER The Saint Paul City Council hereby makes the following order: 1. The above referenced owners, interested parties and responsible parties and their assigns shall make the Subject Property safe and not detrimental to the public peace, health, safety, and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting those deficiencies set forth in the list previously referenced in accordance with all applicable codes and ordinances, � in the alternative by demolishing the structure and filling the site in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure must be completed within thirty (30) days of the date of mailing of this resolution. -3- ORIGII��,qL � . ,,C�o-���y 2. If the above corrective action is not completed within the thirty (30) day time period, the proper City officials of the City of Saint Paul are hereby authorized to take whatever steps are necessary to demolish this structure and fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Section 45.08 of the Saint Paul Legislative Code. 3. In the event the building is to be demolished by the City of Saint Paul, all personal property or fixtures of any kind which shall unreasonably interfere with the demolition and removal shall be removed from the building by the owners, interested parties and responsible parties by the end of the thirty (30} day time period. If the personal property is not so removed, the City of Saint Paul shall remove and dispose of such property and fixtures as is provided by law. 4. IT IS FURTHER ORDERED, that a certified copy of this resolution and the incorporated Order and list of deficiencies be mailed to the last known address of the owners, interested parties and responsible parties pursuant to Section 45.11 , Subdivision (5) of the Saint Paut Legislative Code. -4- �s Navs Absent Requested by Department of: zmon �— � - (�l� oswitz on acca ee � � ;, ettman une �- �"� "L z son � O � Adopted by Council: Date JUL 1 0 1990 Form Approved by City Attorney Adopti Certified by Council Secretary gy� ___��i"v"'-�- By: Approved by Mayor for Submission to Approved by Mayor: Date JUL i �. 1990 Council , .;� By: ��'�'��'�� By: ��'✓��'��� PUBL�SHED J U L 21 t990 Ktl�C!Y G4° �i1i� Q 1_ 1990 ���/l��' DEPARTMENT/OFFICE/COUNqL DATE INI'MTED `% . _ _ GREEN SHEET No. 4��,qp�� CONTACT PERSON 3 PHONE DEPARTI�AENT DIRECTOR �AY� — '�'�I �Fpp �CITY ATTORNEY S • �CITY CLERK MUBT BE ON C�UNqL AQE BY(OAT� ROU71N0 OR �BUDOET DIRECTOR �FIN.8 MOT.SERVICES DIR. �MAYOFi(OR A8818TANT) � TOTAL#�OF SIGNATURE PAC�ES � (CLIP ALL LOCATIONS FOR SIONATUR� ACTION REQUESTED: City Council to pass this Resolution which will order the owner to tear down or complete the repair of the referenced buliding within thirty (30) days from the mailing of this resolution. If the owner fails to comply with the Resolution the City will be authorized RE E S:Approw a Rsle�t NCIL REPORT OPTIONAL _PLANNIN(3 COMMISSION _qVIL SERVICE COMMISSION ��Y� ' _CIB COMMITTEE _ _STAFF _ �°"''"�"�� MAY 2 9 1990 _p,�,��„� _ M AY 2 5 1990 SUPPORTS WHICH COUNGL OBJECI7VE? �I�Y ATla��� �� INITIATINO PiiOBLEM,ISSUE.OPPORTUNITY(1Nho.Whet,Whsn,Where.Why): This building is a nuisance pursuant to Chapter 45 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Division of Public Health were given an order to repair or tear down the building at 659 North Western Avenue by April 12, 1990. All parties failed to comply with those orders. The building has remained unoccupied and vacant since May of 1984. ADVANTAOES IF APPROVED: The City will tear down the building and eliminate a nuisance if the owners do not comply with the Council Order. RECEIVED JuN 071990 DISADVANTAQES IF APPROVED: It will cost the City approximately $4,000.00 - $6,000.00 to tear down the building. The cost will be assessed against the property taxes. D18ADVANT/K�ES IF NOT APPROVED: If the building is not torn down, a nuisance, constituting a serious health hazard (potential fire danger, rodent and insect harborage, potential crime site and blighting inf luence on the neighborhood), will remain within the City. �ouncil Kesearch GenYer .�uN o5� ...�� TOTAL AMOUNT OF TRANSACTION = � � � � COST/REVENUE�JO�ETED(CIRCLE ON� YES NO FUNDINO SOURCE ACTIVITY NUi18ER�.rZ'6' Flwwcan�iNr-oAtiu►no�:(DCPwM (Y�