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96-1351 ¢ � E + y Council File # � � 1�S ., � 9� p a d� tl � f Y� n �a � ' '� � ���` �-�- Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA los Presented By b������ Referred To Committee: Date 1 WHEREAS, Public Health has requested the City Council to hold public hearings to consider 2 the advisability and necessiry of ordering the repair or wrecking and removal of a two-story, wood 3 frame dwelling and detached, one-vehicle, wood frame garage and shed located on property 4 hereinafter referred to as the "Subject Property" and commonly known as 993 Margaret Street. 5 This property is legally described as follows, to wit: 6 7 Lot 14, Adam Gotzian's Subd'n of Bl'k 107, Lyman Dayton's Add'n 8 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 10 information obtained by Public Health on or before August 8, 1996, the following are the now 11 known interested or responsible parties for the Subject Property: H.U.D. Property Disposition, 220 12 Second Street South, Minneapolis, MN 55401; Pham Express, Inc., 6531 21nd Avenue South, 13 Richfield, MN 55423, Attn: Gene Johnson. 14 15 WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the 16 Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated 17 August 2, 1996; and 18 19 WHEREAS, this order informed the then known interested or responsible parties that the 20 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 21 22 WHEREAS, tlus order informed the interested or responsible parties that they must repair or 23 demolish the structure located on the Subject Property by September 3, 1996; and 24 25 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 26 this building(s) to constitute a nuisance condition; subject to demolition; and 27 28 WHEREAS, this nuisance condition has not been conected and Public Health requested that 29 the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council 30 and the Saint Paul City Council; and 31 32 WHEREAS, the interested and responsible parties have been served notice in accordance 33 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and 34 purpose of the public hearings; and 35 36 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 37 Council on Tuesday, October 15, 1996 to hear testimony and evidence, and after receiving 38 testunony and evidence, made the recommendation to approve the request to order the interested or 39 responsible parties to make the Subject Property safe and not detrimental to the public peace, health, 40 safety and welfare and remove its blighting influence on the community by rehabilitating this 41 structure in accordance with all applicable codes and ordinances, or in the alternative by 42 demolishing and removing the structure in accordance with all applicable codes and ordinances. 43 The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the 44 date of the Council Hearing; and `�' � IC1 �� �� � a� -��s1 �_ ' � � 1 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, October 2 23, 1996 and the testimony and evidence including the action taken by the Legislative Hearing 3 Officer was considered by the Council; now therefore 4 5 BE IT RESOLVED, that based upon the testimony and evidence presented at the above 6 referenced public hearings, the Saint Paul Ciry Council hereby adopts the following Findings and 7 Order concerning the Subject Property at 993 Margaret Street: 8 9 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul 10 Legislative Code, Chapter 45. 11 12 2. That the costs of demolition and removal of this building(s) is estimated to exceed 13 three thousand dollars ($3,000.00). 14 15 3. That there now exists and has existed multiple Housing or Building code violations at 16 the Subject Property. 17 18 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible 19 parties to correct the deficiencies or to demolish and remove the building(s). 20 21 5. That the deficiencies causing this nuisance condition have not been corrected. 22 23 6. That Public Health has posted a placard on the Subject Property which declares it to 24 be a nuisance condition subject to demolition. 25 26 7. That this building has been routinely monitored by the Vacant/Nuisance Buildings 27 Code Enforcement Program. 28 29 8. That the known interested parties and owners are as previously stated in this 30 resolution and that the notification requirements of Chapter 45 have been fulfilled. 31 32 33 ORDER 34 35 36 The Saint Paul City Council hereby makes the following order: 37 38 1. The above referenced interested or responsible parties shall make the Subject Property safe 39 and not detrimental to the public peace, health, safety and welfare and remove its blighting 40 influence on the community by rehabilitating this structure and correcting all deficiencies as 41 prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with 42 all applicable codes and ordinances, or in the alternative by demolishing and removing the 43 structure in accordance with all applicable codes and ordinances. The rehabilitation or 44 demolition and removal of the structure must be completed within fifteen (15) days after the 45 date of the Council Hearing. 46 °I �.- 13 S� 1 2. If the above corrective action is not completed within this period of time the Public Health, 2 Code Enforcement Program is hereby authorized to take whatever steps are necessary to 3 demolish and remove this structure, fill the site and charge the costs incurred against the 4 Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 5 6 3. In the event the building is to be demolished and removed by the City of Saint Paul, all 7 personal property or fixtures of any kind which interfere with the demolition and removal 8 shall be removed from the property by the responsible parties by the end of this time period. 9 If all personal property is not removed, it shall be considered to be abandoned and the City 10 of Saint Paul shall remove and dispose of such property as provided by law. 11 12 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested 13 parties in accordance with Chapter 45 of the Saint Paul Legislative Code. � � ; �t � , , ; , . . . ; , _... Yeas Navs Absent Requested by Department of: a e �– ostrom �— uerin � arris e ar T eu ean �— BY� �y��LG� U �- Form Approved by City Attorney Adopted by Co '1: Da / Adoption ertified by C ecretary g�,; By� -� Approved by Mayor for Submission to j Council Approved by May r: Date 6 2�'J 7 J� �`,,� BY: ��� By: l(� � ��C/� a�_��sl ✓ �11� xealth o9-2 96 ITIA �REEN SHEET N_ _3 2 5 5 6 IhITIAUQATE INITIAUDATE C Y' @S Votel 298-4153 DEPARTMENTDIRECTOR CIT1fCWNCIL �� �CITY ATTORNEY CiTY CLERK ( 1 �� BUD(iET DIRECPOR �FIN.8 MCiT.SERVICE8 DIR. October 23, 1996 °"D� ""����^���T�"�1 ❑ TOTAL#t OF SKiNATtN+IE PM�iES � (CLIP AL�LOCATION8 FOR SIGNATUR� ACTION RECUE8TED: City Council to pass thia resolution which will tirder the owner(s) to remove or repair the referenced building(s) . If the owner fails to comply with the resolution, Public ii�alth is ordered to remove the building. The-subject property is located at 993 Margaret street. REOOw11AENOd1TION8:Appow(A)or Ry�ct(R) pEpsONAL SERYICE CONTRACT'S MU8T AN8WER TNE FOL _PLAI�pJINQ COMM13610N _�,CIHIL 8ERVICE CO�A�AI8810N 1. Hd8 this pae0►Uflrt11 9veP wOfk9d und6r a C011traCt fOr thiB dp�rhn�M? . _����E YES NO S EP 3 01�96 '� _STAFF _ 2. Has•thfs psroon/Rrm s�rer been a dty empaoyee? YES NO _o�ncrca,r� _ s. ooes m�s psreonn�rm poessa•.aku�►wt normeur poa«sb MA��Qf�e? B�JPPOR'T8 wHICM c�O�ECf1vE4 YES NO Expldn alt ya�narwn on�nb tM�t�nd ptaeh to a►Nn�M�t iNm�raac��M,�.orrowruwm�w�w.wna.w�.wns�.,wnr�: Thie building{s) is a nuisance building(s) ae defined in Chapter 45 and a vaeant building as defined ia Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Bnforcement Officer were given an order to repair or remove the building at 993 Margaret Street by 3eptember 3, 1996, aad have failed to comply with those orders. �ov�r�oes��oveo: The City will eliminate a nuisance. SEP 2 5 199fi CITY ATTORNEY �����: The City will spend �unds to wreck and remove this building(s) . These costs will be assessed to the property, collected as a special asseeament against the property taxes. a�►oviwr�oes�Ho�r�PaovEO: � A nuisance condition will remain unabated in the City. This building(s) will eontinue to blight the community. '�IniC� R�6�1'�1 � OCT 0 4 1996 TOTAL AMOUNT OF TRANiACT10N S COST/REYENUE SUOA�IqC1.H ONE) YE NO � � . �p�pp��E Nuisance Housinq Al�atement ACTIVITY NUMOER 33261 FINANCIAL INFORMATION:(EXPLAIN) MINUTES OF LEGISLATIVE HEARING October 15, 1996 � `— '� Z ' Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Health Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:00 a.m. 1. Vehicle abatement at 'i3 E Marvland Avenue; Brad Merwin, appellant. Guy Willits, Public Health, reviewed the staff report and presented pictures of the property. The vehicle was an abandoned van that was undriveable and unlicensed. Brad Merwin, property owner, appeared and stated that the van was used as a trailer and as an ice fishing house. The vehicle was licensed and tabbed, however, they had been stolen from the vehicle. He present�d a copy of the registration as verification. He also pointed out that the van was not visible from the stre�t and he had secured the vehicle so that it could not be entered. Gerald Strathman, Legislative Hearing Officer, recommended granting the appeal._ 2. Resolution ordering the owner to remove or repair the referenced building, located at � Beech Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report. The property was in foreclosure and the redemption period had not yet expired. It was the mortgage company's intention to convey the property to HUD within the next two months. It was the inspector's opinion that the cost to repair the building would exceed the value of the property. The cost to demolish the building was $10,000. The properry owner did not appear. Mr. Strathman recommended approval of the order. 3. Resolution ordering the ovvner to remove or repair the referenced building, located at 2 7-21 Winona Street. If the owner fails to comply vvith the resolution, Public Health is ordered to remove the building. Mr. Votel revie�ved the staff report. The property was currently owned by Beneficial Loan & Thrift and they were trying to sell the property. There had been 12 summary abatement orders issued against the property and it was a complete nuisance to the neighborhood. A code compliance inspection had been done in August, 1995, ho��vever, the inspector believed that the cost to repair the building would exceed the value of the property. Mr. Strathman recommended approval of the order to demolish. 4. Resolution ordering the o�i�ner to remove or repair the referenced building, located at 22� Margaret Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Minutes of Legislative Hearing � `— ' �S I October 15, 1996 Page - 2 - Mr. Votel reviewed the staff report. The property was owned by HUD since March, 1996 and had been listed for sale since that time. A code compliance inspection had been done in August, 1996. The estimated cost to repair the building was $25,000 and the cost to demolish was $9,000. The property owner did not appear. Mr. Strathman recommended approval of the order. 5. Resolution ordering the owner to remove or repair the referenced building, located at 1�,,'�l ¢ Marvland Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the build.ing. Mr. Votel reviewed the staff report. The building had been vacant since April, 1996 and there had been several�summary abatements issued against the property. A code compliance inspection was done in August, 1996 and he had been informed that the current property owners were trying to sell the property. The estimate to repair the building was $25,000 and the cost to demolish was $8,000. Neil Schwartz, potential buyer, appeared and stated that he was a real estate appraiser, a truth-in-housing inspector and was in the process of obtauung his contractor's license. It was his intention to purchase the property, repair it and he akeady had a potential buyer for the properry. He stated that he would post the necessary bond and requested he be allowed six months to make the necessary repairs. Mr. Strathman recommended that the potential owner be granted 180 days to repair t uilding provided he post the $2,000 bond by Wednesday, October 23, 199 . Meeting adjourned at 10:30 a.m. �t Gerry Stra an, Legislative Hearing Officer . C , SAINT PAUL PUBLIC HEAITH �L- �3�� Nea!Holran, M.D., M.P.H., Direc�or CITY OF SAINT PAUL NUISANCE BUILDlNGS CODE 6/1-298-4153 Norm Coleman, Mayor � ENFORCF.MENT SSS Cedar Stree� Saint Paul, MN 55101-2260 ;-.�,�,.,'��i��( � � ���#N� �� �� �� September 20, 1996 � SEp �'6 ��9'6 , NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Council schedule public heazings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 993 Margaret Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, October 15, 1996 City Council Hearing - Wednesday, October 23, 1996 The owners and responsible parties of record are: Name and Last Known Address Interest H.U.D. Property Disposition Fee Owner 220 Second Street South Minneapolis, NIN 55401 Pham Express, Inc. Taxpayer 6531 21nd Avenue South Richfield, MN 55423 Attn: Gene Johnson The legal description of this property is: Lot 14, Adam Gotzian's Subd'n of B1'k 107, Lyman Dayton's Add'n. . . q6 - � � s� 993 Margazet Street Septernber 20, 1996 Page 2 Saint Paul Public Health has declared this building(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �� 0 p p � ' eneta Weiss � rogram Supervisor � Vacant/Nuisance Building Unit Saint Paul Public Health RW:mI cc: Jan Gasterland, Building Inspection and Design Stephen Christie, City Attorneys Office � Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Marshall Dan Pahl, PED-Housing Division O 1-93