90-1986 O1 ��I�G I NA L 'Ij Council File # Q�f�a �
`�t I
�' Green Sheet �
'' RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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 repair or wrecking and
removal of the one story, wood frame, single family, condemned and abandoned house, the
wooden decaying sto�age shed and the wooden decaying roof and its support elements
over and around the! picnic and barbecue cooking area which are located on property
hereafter referred xo. as the "Subject Property" commonly known as 1025 Fairview Avenue
South. This Torren� property is legally described as:
The South 70 feet of the North 140 feet of the East 150 feet of Lots 14,
15 and 16, Block 3, Bohland's Edgcumbe Hills, Files of Registrar of
Titles, County of Ramsey, State of Minnesota.
WHEREAS, based upon the records in the Ramsey County Recorder's Office on August
10, 1990 and other i,nformation available to the Division of Public Health on or before
September 24, 1990,, the following persons are owners, interested and/or responsible
parties of the Subj ct Property: Larry George DeVries, 6514 Harver Hill Trail, Eden
Prairie, MN 5534�G; Manager of Revenue Division, Property Tax-Delinquent, 138
Courthouse, St. Pau , MN 55101; Lomas and Nettleton, Attn: Home Mortgages, Minnesota,
1600 Viceroy Stree�t, Dallas, Texas 75235-2395; BANCO Mortgage Company, (address
unknown) .
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The addresses of the above noted persons were obtained from various sources
including the tax records, phone books, mortgage companies, etc. ; and
WHEREAS, the Division of Public Health has issued orders identified as an
"Abandoned Building Notice" dated August 13, 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 and/or responsible parties of the Subject Property then known to the
enforcement officer. The notice and order informed these parties that the one story,
wood frame, single family, condemned and abandoned house located on the subject
property is an abandoned building pursuant to Section 45.01, Subd. 10 of the St. Paul
Legislative Code; the wooden decaying storage shed and the wooden decaying roof and
its support elements over and round the picnic and barbecue cooking area located on the
Subject Property are dangerous structures pursuant to Section 45.01, Subd. 3 of the St.
Paul Legislative Code; and these buildings are nuisances pursuant to Sections 45.02,
Subd. O1 and Subd. 11 of the St. Paul Legislative Code. The August 13, 1990 order also
had attached to it a list of deficiencies regarding the structures on the Subject
Property, said list is attached and incorporated as part of this resolution; and
. WHEREAS, the August 13, 199Q order informed all then known owners, interested
parties and responsible parties that they must either repair the structures on the
Subject Property by correcting the list of deficiencies or demolish the buildings,
either action to take place by September 14, 1990; and
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RIGINAL
WHEREAS, no action has been taken regarding compliance with the August 13, 1990
notice and order, and as a result the Division of Public Health requested that a public
hearing be scheduled to take place on Tuesday, November 13, 1990 for the City Council
to consider the advisability and necessity of ordering the repair of the nuisance
condition or in tl�e alternative consider the demolition and removal of these
structures; and
WHEREAS, the above referenced owners, interested and/or responsible parties have
been served notice of the time, place and purpose of the Tuesday, November 13, 1990
public hearing before the City Council in accordance with the provisions of Chapter 45
of the Saint Paul Legislative Code; and
WHEREAS, a hearing was held before the Saint Paul City Council on Tuesday,
November 13, 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 Tuesday, November 13, 1990 hearing, the Saint Paul City Council hereby
adopts the following Findings and Order concerning the structures at 1025 Fairview
Avenue South:
1. Tha.t ir� June of 1988 the house located on the Subject Property was
determined to be unoccupied. This building has remained unoccupied or
vacant and has been either open or boarded since September of 1988.
2. That since September of 1988 the City of Saint Paul has on several
occasions issued orders to the owners to make this building secure and not
accessi'�le. On several occasions, because of the inaction on the part of
the owners, the City has had to hire a private contractor to make the
buildin;gs secure and not open to access.
3. That the Division of Public Health of the City of Saint Paul condemned
this structure as "Unfit for Human Habitation according to Chapter 34 of
the Saint Paul Legislative Code" in April of 1990. The building is still
subject to this condemnation order.
4. That thle owners of the Subject Property have repeatedly failed to register
and pay the vacant building fee for this property as required by City
Ordinance.
The owner has been tagged for failure to register and pay registration
fees, court ordered registration and fee payment - owner complied.
5. That there are now and have been since June of 1988 multiple exterior
Housing Code or Building Code violations in existence at the Subject
Property.
6. That the owners, interested parties and responsible parties of these
buildings are as previously stated in this resolution. These individuals
have been properly served notice of the Tuesday, November 13, 1990 hearing
concerning these buildings.
7. That the owners, interested parties or responsible parties have been
ordered to regair these buildings and have failed to do so.
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8. That on August 13, 1990 an Abandoned Building Notice was sent to the
owners, interested parties and responsible parties ordering these persons
to either demolish these buildings or make repairs and cure the list of
deficiencies by September 14, 1990.
9. That the order of August 13, 1990 has been disregarded by the owners,
interes�ed parties and responsible parties.
10. That the one story, wood frame, single family, condemned and abandoned
house located on the Subject Property is an abandoned building according
to Section 45.01 , Subd. 1, of the Saint Paul Legislative Code in that it
is "a b�uilding or portion thereof which has stood unoccupied for longer
than one tl) year" and during that period of time has been either
"unsecured" or "boarded" or has had "multiple exterior Housing Code or
Building Code violations".
11. That the one story, wood frame, single family, condemned and abandoned
house lqcated on the Subject Property is a nuisance as defined according
to Saint Paul Legislative Code Section 45.02, Subd. 11, in that it is an
abandon�d 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.
12. That the wooden decaying storage shed and the wooden decaying roof and its
support elements over and around the picnic and barbecue cooking area
locatedl on the Subject Property are dangerous structures according to
Section 45.01, Subd. 3 of the St. Paul Legislative Code in that either is
"a structure which is potentially dangerous to persons or property".
13. That the wooden decaying storage shed and the wooden decaying roof and its
support' elements over and around the picnic and barbecue cooking area
located on the Subject Property are nuisances as defined according to St.
Paul Legislative Code Section 45.02, Subd. 10, in that both are dangerous
structures located in the City of St. Paul that have 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
influen�ce on the community.
14. That the costs of abatement of these nuisances are estimated to exceed two
thousar�d 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 these
buildings 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 buildings and filling
the site in accordance with all applicable codes and ordinances. The
rehabilitation or demolition of these buildings must be completed within
thirty {30) days of the date of mailing of this resolution.
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ORIGI�NAL �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 �uthorized to take whatever steps are necessary to demolish these
buildings 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 buildings are 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
buildings 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 �?URTHER 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) .
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Y�as Navs Absent • Requested by Department of:
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oswitz • Communit, Servic
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0 Form Approved by City Attorney
Adopted by Council: Date NOV �, 3 I99O
Adoptio Certified by Council Secretary gy: ���,� _
By: Approved by Mayor for Submission to
' � _ /�J Council
Approved by Mayor: ' Date ,�j�� � /
� , NOV 1 3 1990B , ������/
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By: �
� ��Rt.ISN�D NOV 17' 1990
� ' ` ` RECEIVED /�I�O'lq�
DEPARTMENT/OFFlCE/COUNdL DATE INITIATED �
community servic s 10-09-90 GREEN SHEET OCT � 7 1980 4,�,�
INITIAU DATE
CONTACT PERSON Q PHONE �DEPARTMENT DIRECTOR �GTY COUNCIL
Steven R. Roy 29 -415 Nu�� �qTy ATTpqNEy S`_ . i, i /�,�(,���I�ICE
MU8T BE ON OOUNqL Y1(�ENDA BY ATE� AOUTINO �BUDOET OIRECTOR � FIN.8 AiK9T.SERVICEB DIR.
November 13, 199 a MAYOR(OR A8818TAN'n ❑
TOTAL#�OF SIGNATURE P GES (CLIP ALL LOCATIONS FOR SIGNATURE)
'"�l'���f4icil to ass his resolution which will order the owner to remove or complete the
repair of the re eren ed buildings within thirty (30) days from the mailing of this
resolution. If he o ner fails to comply with the Resolution, the City will be authorized
to remove the bu ldin s. The subject property is located at 1025 Fairview Avenue South.
RECOMMENDATION8:Approvs(N a► (RI COUNCIL COMMI'TTEE/AESE/►Rql REPORT OPTIONAL
_PLANNINO COMMISSION GVIL RVICE COMMISSION ��YBT PMONE NO.
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—CIB C�AMITTEE �/�.
—8TAFF COMMENTS: ��1�GD
—�����RT OCT 1 � 1990 OCT 1 1 1990
SUPPORTB WHICH COUNdL OBJECTI ?
INfT1AT1NQ PROBLEM,ISBUE,OPPOR NITY ,Whet,Whsn.Whsre,Wh�: E �� �
The buildings ar a n isance pursuant to Chapter 45 of the Saint Paul Legislative Code.
The owners, inte este parties and responsibie parties known to the Division of Public
Health on or bef re A gust 13, 1990 were given an order to repair or remove the buildings
at 1025 Fairview Aven e South by September 14, 1990. All parties failed to comply with
those orders. e bu'ldings have remained unoccupied and vacant since September of 1988.
ADVANTAQES IF APPROVED:
The City will el"mina e a nuisance.
DISADVANTA(iE8 IF APPROVED:
A cost of approx'matel $7,000.00 - $8,000.00 for removal of the buildings, if necessary.
This cost will b asse sed against the property taxes.
RECEIVED
OCT241990
DIBADVANTAOEB IF NOT APPROVED:
If the buildings are n t torn down, a nuisance, constituting a serious health hazard
(potential fire anger, rodent and insect harborage, potential crime site and blighting
influence on the neigh orhood) , will remain within the City. , .. -
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TOTAL AMOUNT OF TRAN8A;CTI COST/REVENUE BUDQETED IC�1��ON� YES NO
Nuis ce H using A atement 3,s
FUNDINO SOURCE ACTtVITY NUMBER
FlNANpAL INFORMATION:(EXPWI�
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