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271574 WHI7Ek - CITY CLERK �� PINK - FINANCE � BLUERV-M�ORTMENT GITY OF� SAINT� PATTL Council ,, t. File N 0. ��iZn�nCe Ordinance N 0.�� y� 1 .� Presented By Referred To Committee: Date Out of Committee By Date An ordinance amending Chapter 1 and Chapter 56 of the Saint Paul Legis- lative Code pertaining to the Removal or Abatement of Immediately Hazardous Buildings and Nuisances THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: • Section 1. That Chapter 1 of the Saint Paul Legislative Code be and the same is hereby amended by adding a new subsection to read as follows: "1.07(8) . Emergency Situations. When the condition of the building or structure constitutes such an immediate danger or hazard to the health or safety of the public as to make impractical and dangerous the prior notice and hearing, and an emergency exists requiring prompt action, the Division of Housing and Building Code Enforcement (hereafter, "Division") , with the written authorization of the Mayor, may take all reasonable and necessary steps to remove in whole or in part such building or structure forthwith, or to otherwise abate the dangerous situation. a. Following such emergency removal or abatement, the Division shall mail written notice to the recor.d owner of the property describing the immediately dangerous condition of the building ` • or structures, the action taken by the City, COUIVCILMEN Requested by Department•of: Yeas Nays ` Butler Hozza [n Favor — Hunt Levine Against BY Roedler Sylvester Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary v'L� � By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY . ' �� , � lC�`��`� ��_�� Page 2. the reasons for the immediate action and the costs incurred in removing or abating the same. b. A copy of the notice provided in paragraph (a) shall be provided the City Council, and the Council shall set a date for a hearing thereon and shall notify the property owner in a manner set forth in Chapter 14 of the City Charter pertaining to assessments . (i) The hearing shall be for the purpose of con- sidering the actions taken by the Division and to determine whether the costs incurred shall be assessed against the property. (ii) At the hearing the Councii will hear a re- port from the Division, and also hear from the property owner, and after considering same may adopt a resolution levying an assessment to pay all or any part of the cost of removing or abating the immediately dangerous building or structures, but in no case shall the amounts assessed exceed the benefits to the property. Section 2. That existing subsections 1.07(8) , 1.07(9) , and 1.07(10) of the Saint Paul Legislative Code are hereby renumbered 1.07(9) , 1.07(10) , and 1.07(11) , respectively, to reflect the addition of the new subsection. Section 3. That Chapter 56 of the Saint Paul Legislative Code be and the same is hereby amended by ma.king the following deletions and additions: Chapter 56 - Removal of Nuisances 56.01 - The Division of Housing and Building Code Enforcement (hereinafter referred to as "division") is he reby authorized and directed to remove and abate, or cause to be removed or abated, a WHIYE ♦ — CITV CLERK t PINK — FINANCE COIIIICII (-j� �'iqJ � CANARV —�E�ARTMENT . GITY OF S�AINT PAiTL `, / � BLUE —MA oR � � � File NO. ^' � - �-� • �� Ordin�nce Ordinance N�. ��-(�� I Presented By Referred To Committee: Date. Out of Committee By Date Page 3. nuisance, substances, matter, emission or thing which, in the opinion of the Division contributes a nuisance which threatens the public peace, health, and safety or which impairs the sanitary con- dition or good order of the City, and which is found or exists upon any street, alley, water, excavation, �building, erection, lot, grounds or other property located within the City of Saint Paul. This ��e��e�eA Chapter deea-ne� � apply to the removal or abatement of buildings. Section 4. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. COUIVCILMEN Yeas Nays Requested by Department of: _R��- COMMUNITY SERVICES Hozza In Favor Hunt � Le�� M �d�� Against BY Sylvester S��Y,/o��t"e� .�„� Tar� ' A�j� �'� � Form Approved by City Attorney Adopted by Date Certifi ass y Cou i ecret�ry �'2 7�?Y Ap r d by May : te AUG Z 4 1`�T� Approved b Mayor for Submission to Council B BY PUBUSHED SEP 2 1978 i �� .�� CITY OF SAINT PAUL ��\\�LITY pF��i� _�� ;'�i� . _; .� �', OFFICE �OF THE CITY ATTORNEY %� �te1�Y Iiill b; ;� uE1 A E1 11 ^_ �, � _ ��J�,,A.M�E. FLINSCH CITY ATTORNEY 1e5• ��` Q��E�t) :�� ? F � 647 City Hall,Saint�Paul, Minnesota 55102 Geor e Latimer �+ R��' F: 612-298-5121 g ,��L 2� 9 �,� r•.�5 � �: Mayor July 25, 1978 Glenn Erickson Housing & Bldg. Code Enforcement 445 City Hall BUILDING Re: Summary Removal of Immediately Da.ngerous Buildings Dear Mr. Erickson: Attached herewith please find the requested ordinance which allows the City to summa.rily remove or abate hazardous build- ings when said buildings are immediately dangerous . Once this ordinance is passed by the Council I would suggest your staff be extremely selective about which buildings are summarily removed because �f challenged, the City must have enough expert support to justify taking property without notice and the opportunity to be heard. If you have any questions, please advise. ..__..... .... ery truly -, ours, ___....____.,..__ __. C'._�...�..._____...__...._.....,.,._..._-" .,...,..__........-.._ WALTER A. BO SER - Assistant City Attorney WAB:jr Attachment O � . • � �� 01�f Q�.: l�/1975 � . g,�r. : 3/8 j76 . � EXP�ANATI�3N �F ADMINISTRATI9E ORDERS, _„ tTTIONS, AND ORD 1vAN S � . . 2��►"�� te: July 26, 1978 � ltECE � �ED TO; MAYOR �EORGE LATIME �UL � 8 1��$ . �� FR: Thomas J. Kel l e . � RE. Anmendmen� to Chap. 56 S.P.t�.C. deferrir�g rocedures to rerqove certa3n � hazardous bulldings by M�,yor's Administra��v�e.Order. 3�iCTSON REQVESTED: p�cess thru counci 1 . • . PURPOSE AND RAT�ONALE F�R THTS ACTSO�i: Sets � �the procedur� qf r�ving angerous ngs en e za �s too grea� to allo�t tha �.i� �eded for form�at canden�a�tton. _ ATTA�S: Proposed ord�nance. ' e , , , � �. � `� � ' Zna � , lst � . �� 3rd �� ( ,� Adopted \ .�,1 Yeas Nays BUTLER _ HUNT LEVINE �'�( �� r'2 MADDOR i SHOWALTER ' TEDESCO PRESIDENT (HOZZA)