90-1164 /.-_,:1 �,� %- ,�f1
ORI � � N�AL A °
Council File # o "
Green Sheet # ��T�
RESOLUTION -
CITY OF S INT PAUL, MINNESOTA � h
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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
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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.
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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.
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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.
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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
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By:
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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
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TOTAL AMOUNT OF TRANSACTION = � � � � COST/REVENUE�JO�ETED(CIRCLE ON� YES NO
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