272636 WHITE - CITV CLERK -
PINK � FINANCE G I O F SA I NT PA U L Council ��A�����
CANAR% - DEPARTMENT
B�UE - MAVOR File NO.
ncil Resolution
�
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREP,S� there exist in the City of Saint Paul h�zardous and
dangerous buildings, which through neglect or abandonment, axe in need
of rehnbilitation or removalr and
WHBREAS, the Council of the City of Saint Paul is authorized and
empowered by law, Minn, gtat. �463.16, to order the owner of a hazard-
ous building to correct the hazardot�s condition� or to raze or remove
the building� and
WSERF;AS� hazardous buildings by definitian are those which are
a fire hazard or dangerous to gublic safety or health� by reason of
inadequate maintenance, dilapidation�, physical damage, unsanitary
condition or abandonment�r and
WHEREAS, the Council makes such orders in writing, recites the
basis for the order, specifies the nacessary rapai�rs, if any,� and
gives a reason�ble time for compliance« all of which is required by
law; and further� provides the owner with an oppoprtunity to be
heard befare the t�auncil, an appostuni,t� not reguire�. by laatt a�d
WHEREAS, on the ba��s of the facts and evidence submitted to
the Council� a decision is made �p the (7�uncil to proceed with filing
the Order with the distriet court to obtain appropriate judicial en-
�orcement of the order; and
WHEREAB�. the statutory procedures pertnit the owner additional#
detniled procedural rights and an opportunity to be heard in courtr and
WHEREAS, the notice and procedural opportunitites �or the owners
of hazardous buildings are liberal and adequate to permit such owners to
COUNCILMEN Requested by Department of:
Yeas Nays
Butler In Favor
Hozza
Hunt
Levine _ Against BY --
Maddox
Showalter
Tedesco Form A pproved by City Attorney
Adopted by Council: Date
Certified Yassed by Council Secretary B� n�^� ��'3��_
By,
lapproved by IVlavor: Date _ Approved by Mayor for Submission to Council
By _ By
WHITE - CITV CLERK
PINK - FINANCE COUIICII
- CANARVtDEPARTMENT GITY OF SAINT PALTL File NO. �'����
BLUE� - MAVOR .,,� , �
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
2.
fairly meet prc�ceedings against their buildings, nnd as a consequence
do take a relatively substantial period af time both before the
Council and in district court to completet now, therefore� be it
RESOLVED, that it is the policy of tha Council of the City of
S int Paul not to cause further delays and danger to public safety
or health by entertaining or taking action on applications from relief
from an order of the distr ict court directing the repai� or destruction
of a hazardous building in accordnnce with law.
COUNCILMEN Requested by Department of:
Yeas Nays
�� �_ [n Favor
�a
i�e�!
Levine � __ Against BY —
Maddox
Showalter
Tedesco
Adopted by ouncil: Date � � 'rJ �9� Form Approved by City Attorney
Certif Passe y Co ,ec ary �3�--�a�' �"' �~�3�7�
1'
Ap ro by 14avor: D e ` �` � 6 �� Approved by Mayor for Submission to Council
By _ _ _ By
�us� MAR 2 4 1979
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y' ___,���� '�i-.• . OI'FICF O��` TII.��`. CLr�TX" GOlTiYCZL �(°•�
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'�` ��-r� D°'�° : March 9, 1979 -
\,;`; _
� � � O 1��7 ��� l i'�'� C � E P C� � `t .
? O : �aini Pauf Ci�� Cou� �ci�
'�P � �f� � COTilt'i11�`�€'E' On . CITY DEVELOPh1ENT AND TRANSPORTATION _ _
� Leonard IrJ. Levine , choi�-mon, makes ih� follol�ring _ �
. report' on C.F. [� Orc�ina;�ce - -
� - . .. . . .- _ _ [� Resotu�ion . : -
' � . . • : � ���'22l' • r -
' , . � • -
� � � �--� = � � 7he �ma�ter_ of di scussi on on Ci ty pol i cy_relati ng � - _ - � - - -_ -
: � . to �the removal. of hazardous buildings. - � - �
_ � The Committee recommends that the Eouncil adapt .a - _ � _
pol�i cy to "not rehear a case of a hazardous bui 1 di ng _
►' . . � � once a: .Di str.i ct Court deci si on has been made and . ' - � - _ = _
�,. - . ��that a form :be devi sed that woul d be preser�ted._ to - � . - = -
. ' � •the Ci.ty Council showing all-� communications and � - _- . -
. past records that the Building Department has . _ _ -:
1 i sted'on. the matter of a hazardous .bu i 1 di ng.� � . -_ -
. . ,- - - - - -
. , � - �
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=�`s�`"'�°=':��� ���-�— CITY OF SAINT PAUL
_'�r ,,.� ;�'`'•.
=� � _ : � � OFFtCE OF THE CtTY ATTORNEY
� ����
��o iii`t "" .- !
�= SUZANNf E. FLINSCH, CITY ATTORNEY
'•�• 647 City Hall,Saint Paul,Minnesota 55102
-.._.::<�°
G:ORGE LATtMER 612-298-5121
MAYOR �
February 27, 1979
� .:. � R�CEIVEi
�
�"�� 2 ? 1�7�
\ COUNCtLWOMAN
RUt3Y Mt1NT
Members of the Co cil
City of Saint Paul
,
Re: Hazardous Building Litigation
Some months ago the Council expressed concern to this office regard-
ing the need to expedite procedures to shorten the delay in razing
hazardous buildings. It has been my understanding that the Council
wished the City Attorney to promptly and aggressively seek enforce-
ment in the District Court of a Council Order to raze a hazardous
buildiny. Two recent cases have left me in doubt as to the Council' s
policy in this regard. In each case the Council agreed to rehear a
matter after exhaustive proceedings in the District Court in which
the Court upheld the Council's Order to raze.
I have serious reservations about proceeding to District Court for
an enforcement order before the Council has made a final determi-
nation in a given matter. The District Court is not 1 k ly to be
very sympathetic to the City' s position where the Council has a
history of re-reviewing these matters and in effect� overruling- t�e
► Court. -
I urge the Council to review its policy with respect to razing
hazardous buildings so that when our office takes a matter to
Listrict Court we can assure the Judge that the Order of the Council
is final and the City wants the building torn� down.
Our office takes no position regarding the merits of rehabilitation
vs. removal in any given case except to sag that it is critieal to
our continued success in the Courts that the Council make this
determination prior to enlisting the aid of the District Court to
� raze a building.
• Yours very truly,
����-�--��--�9-�
SU7ANNE E. FLINSCH �
City Attorney �
SEF:cg
cc: Mayor Latimer
,
��
��P°`y� 'J�"r
F.� °/ �.� �i
^=�'°""���`�"U° CITY OF SAINT PAUL
�GlTY pFS r!
=R �Iii
'"'' OFFICE OF THE CITY ATTORNEY
�o , �'
:�, IIB11111�11 C`
;,� „� SUZANNE E. FLINSCH, CITY ATTORNEY
�''`m� +ae• 647 City Hall,Saint Paul,Minnesota 55102
'iIIIRn'.1119C`\``
612-29&5121
GEORGE LATIMER
MAYOR
Msrch 13r 1979
Councilman Leonard La�rine
718 City Hall
St. Paul
Re: Hazardous Building Resolution
Dear Councilman Levine:
In accordance with the request by your committee on March 7� 1979
I am herewith transmitting to you the Rasolution which establishea
Council. policy with respect ta reconsidering hazardous building
matters after the Diatrict Cburt has issued its Order.
This resolution reflects the reconm►endation submitted by you to
the Con�nittee. Should you require any addition work on my part,
please so ndvise.
very truly yours,
, O
�� �
WALTER Pf, WSER
Assistant City Attorney
wAB:ri
Enc.
�;�J