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259922 Oel�lnsl to Cit7 Clsrk � � � ORDINANCE f � • F • ' COUNCIL FILE NO �5992� , � 4 y��Llx"'r'�, ' 3 PRESENTED BY ORDINANCE NO ��� 3 AN ORDINANCE AMENDING ORDINANCE N0. 15154, C. F. 259368, APPROVED AUGUST 4, 1972; AND REPEALING SECTION 192.18 OF THE LEGISLATIVE CODE. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. Tha.t Section 2 of Ordinance No. 15154, C. F. 259368� approved August 4, 1972, be and the same is hereby rescinded, and the follow- ing adopted in lieu and in place thereof: "Section 2 . 1. - The Division of Housing and Building Code Enforcement (hereina.fter referred to as "Division") is hereby author- ized and directed to remove and abate, or cause to be removed or abated, any nuisance, substances, matter, emission or thing which, in the opinion of the Division, constitutes a nuisance which threatene the public peace, health, and safety or which impairs the sanitary condition or good order of the city, and which is found or exists upon any street, alley, water, excavation, building, erec- tion, lot, grounds or other property located within the City of Saint Paul. This provision does not apply to the removal of buildings . "2 . The owner of any building� whenever it becomes vacant, sha.11 remove therefrom all paper or other combustible ma.terials accumulated therein and sha.11 securely close and keep closed all doors and windows or other openings into such building while it remains unoccupied. Vacant buildings allowed to rema.in open to entry by unauthorized persons are hereby declared to constitute a nuisance. The Division is authorized to abate such nuisance by issuing an order to the owner, as provided below, to remove all paper or other combustible materials and close all doors and windows or other openings. In the event the owner does not comply within the time period specified in such order, the Division ma.y close such doors, windows or other openings and remove all papers and combustible ma.terials, and assess all costs thereof against the real property in the ma.nner set forth below. "3. In the event such a nuisance be found, the Division sha.11 ma.il a written order to the owner of the subject real property addressed to his last known street address. For the purpose of this ordina.nce, "owners" shall be those shown to be such on the records of the Ramsey County Auditor� but � Yeas unci en Nays Passed by the Council B tle Nunt C s n Konopatzki Tn Favor Lev e Mer ith Levine Sp Meredith Against T es Sprafka Mr. esiden (McCarty) Tedesco Approved• Attest• Mme. President, Butier ' City Clerk Ma or �� Form a�proved Corpor�tion Counsel By , P�LISHED NOV � � '� � . . ° . � . • �J���� . 2• �'��3 3 other appropriate records ma.y be used. The written order sha.11 contain the following; a. Description of the real estate sufficient for identification. b. Specify the nuisance which exists and the remedial action required. c. Allow a reasonable time for the performance of any act it requires . d. State tha.t the owner may appeal the order of the Division and obta:�n a hearing before the City Council by filing a written request for public hearing with the City Clerk not more tha.n seven days from the date of the order. e. State that unless such corrective action is taken or request for public hearing filed with the City Clerk within the time specified, the Division ma.y remove the nuisance and cha.rge all costs incurred therein against the real estate as a special assessment to be collected in the same manner as taxes against the said real estate . "4. In the event the owner files an appeal with the City Clerk, as provided above, the Council sha.11 fix a date for public hearing and give the owner written notice of the date, time and place thereof. At the time of the public hearing, the Cot�.ncil shall hear from the Division, the owner and all other interested parties, and thereafter the Council ma.y sustain, modify or confirm the order of the Division. If the order is sustained, the Council sha.11 by resolution fix a time within which the nuisance sha.11 be removed or abated and further provide tha.t if such correc- tive action is not taken within the time so specified, the City may abate the nuisance and cha.rge all costs incurred therein. A copy of this resolution sha.11 be served by mail upon the owner by the City Clerk. "5 . In the event the City removes and/or abates the nuis- ance, the Division sha.11 keep an accurate record of all costs incurred therein and report these costs to the Department of Fina.nce and Ma.nagement Services. These costs sha.11 then be assessed against the affected real property in the manner provided for in Chapter 14 of the City Charter. "6. To meet a situa.tion which constitutes an immediate danger or hazard which if not immediately removed or abated will endanger the health or safety of the public and there does not exist sufficient time to give written notice to the affected real property, the Division, with the written authorization of the Ma.yor, is hereby empowered to take all reasona.ble and necessary steps to remove or abate such nuisance forthwith and without the necessity of issuing the written order provided above. o�a�o c�s c�t , � , , � � - ORDINANCE � ' � COUNCIL FILE NO 259�2� PRESENTED BY ORDINANCE NO f s�33 3. "Following such emergency abatement action, the Division sha.11 mail written notice to the owner of the property describing the nuisance, the action taken by the Division, the reasons for immediate action� the costs incurred in removing or abating the nuisance, and tha.t a hearing sha.11 be held before the City Council for the purpose of consid- ering the actions taken by the Division and to determine whether the costs incurred by the Division sha.11 be assessed against the property. Copy of this notice shall be provided the City Council, and the Council sha.11 set a date for hear- ing thereon and notify the property owner in the ma.nner set forth in Cha.pter 14 of the City Charter pertaining to assessments . At the said hearing the Council will hear a report from the Division, and also hear from the property owner, and thereafter ma,y adopt a resolution levying an assessment for all or a portion of the costs incurred by the Division in removing or abating the nuisance. " Section 2. Tha.t Section 192. 18 of the Saint Paul Legislative Code is hereby rescinded. Section 3. This ordinance sha.11 take effect and be in force thirty (30) days from and after its passage, approval and publication. Yeas unc men Nays Passed by the Counci� N�V ? 1972 B tl Hunf � � C on � Konopatzki Tn Favor Le e �e � M ith D Against S a Meredith T es o Sprafka 0V g 1972 Mr. esid nt (McCarty) Tedesco • ved: 1� . President, But ^ ; , i Clerk Ma r �� Form ap�roved Corpora�tion Counsel By . �'UBLISHED N 0 V 11 197?_ � 1 T Y +C�f �A i �'�' PA t! � �.�>� ��. � a � � , � y Yd� N "�,.'� - „ ;4`.: � .. .. ;. . � . � � �. �ep�tat �f M�r��e�o#e� ,� ,�} � A _ � �_�' a� 1 �. i�.: � y ;� �� 'E�� �.xV'i� � ��� � �: �wy��� �� ���k �� ;,�° ��4 aft,7 it^W�, 1`. ��' � .. , �. . � �ti : . :: = �' ��. . �.> „:. . , f. � � _ ,.� i �� I �� �I* �� �''�'".:, '�'� ��'a-..>. � ��'��. � 4�;_ BUREAU OF PUBLIC BUILDINGS ROBERT L. AMES, City Archi+ect 445 City Hall, 55102 223-4212 October 17, 1972 2J(�(���) �G Mayor Lawrence Cohen 347 City Hall St. Paul, Minnesota Dear Mayor Cohen: Ordinance 15154, approved August 4, 1972, deals with procedures for summary abatement . Section 3 (d) of the ordinance as printed in the Legal Ledger contained an error in that it stated that the appeal of the order must be done by filing a written request not less than seven days from the date of the order rather than not more than seven days as was the intent. The original ordinance also did not include the boarding of vacant buildings . The enclosed dxaft of the ordinance amendment corrects the above, and in addition, provides the proper title for this division, namely, Division of Housing and Building Code Enforcement. Yours truly, Glenn A. Erickson Asst . City Architect GAE/bjr O Dquesf.a reiMe � � - + � � ORDINANCE � • � • 259��2 , C�iUNCIL FILE NO PRESENTED B1( ORDINANCE NO /��3 � o�iru�cE �an�ic o�iru� r�n. i5L5a, c. �F. 259►368, APPxOVED AUGUST 4, I972; AND REPEALING SECTION i92.18 OF THE L�GISLATIVE t�OI?E. T�$ COUNCIL OF THE CITY OF SAIIiT PA6IL Dt3TS @BUAINt Section 1. That Sectian 2 of Qrdina�ce I�. 25154, C. F. 259368, approved A�gust 4, 1972, be aad the sasre is l�ereb� rescinded, and the folloa�- ing adopted i�n lieu and in p�ace thereof: "Section 2. I. The Mvision of Iiousi�g and H�tildinrg C�dde Enforcement (hereinafter referred tQ a� "Division") is her�by author- ized and directed tc► remove and ab�te, or caese to be rrmoved or abated, any �xisance, s�sbstance�, �atter, � emissfoa or t213.�g which, in the opiaion of th� Divisi�a, constitutes a nuisance which thr�eatea� tt�e pubiic peace. 2�e81th, aad safety or which imp�airs t�e ssaitary conditfo� or good order of the citp, a�ad �laich i� fara�d ar e�cists upon any rttreet, alley, water, eaxa.vatia►n, b�3.Idfng, erec- tian, �.ot� grauads or other property located within t�e City of Saint Pa�tl. This provision doe� r�ot apply to th�e r�moval of buildiRgs. "2. The awaer of any b�uilding, whe�ev�er it beca�es vacant, shall remove therefram all gaper or otller co�stible material,s acev�.lated therein and shall aecurely close and keep closed a.11 doors a�d �rindars or ott��c openin�gs into suc�h buf.lding while it remains uaoc upied. Vacaat _... buildings allawed to remain open to eatrp� by �a�authorized ' persans 'are hereby declared to const3�tute a auisan�ce. Th,e Diirision is authorized to abate such �isa�ce by iasuing an order to the awnert as provided belvar, to re.mov�e all paper or other ca�bustible materials aad close all doore and xfndcyws ar other ogeni�gs. In the event tt� oam�er does not cvmp ly within the time perfod specifi� in s�ch order, t±he Division s�ay close such doors, windcr�s or other ; openings and res�ov�e all papers and comb�ustible materials, ; - and assess all costs th+ereof against th� real property in ; the �nner set forth bela�. "3. In the ev�ent such a nuis8nce be faund, the �}i.vision , shall m�il a written order to the awner of the aubject real property addressed to his last knawn street address. For the purpose of this ordine.nce, "awc�ers'r shall be those shown � to be snch on the recorda of ti�e �y Caaat�r Au�itor, bat , i � Yeae Councilmen Nays Paseed by the Council ; Butler Garlson T� Favor Levine � Meredith ' � �M�'w A.edA_�j�t .. 1t41,0.i� TC��CO Mr. President (McCartY) APPmved: Atbest: City Clerk Mayor f �� `` i Form a�proved Cor�or�on Couneel By , �� � ; .� . - � , 259�22 / 5�-3 3 2. oth�r appropriate records may be used. The written order shall contain the following: a. Description of the real estate sufficient for identification. b. Specify the nuisance which exists and the remedial action required. c. Allow a reasonable time for the performance of any act it requires. d. State tha.t the owner ma.y appeal the order of the Division and obta�n a hearing before the City Council by filing a written request for public hearing with the City Clerk not more than seven days from the date of the order. e. State tha.t unless such corrective action is taken or request for public hearing filed with the City Clerk within the time specified, the Division may remove the nuisance and cha.rge all costs incurred therein against the real estate as a special assessment to be collected in the same ma.nner as taxes against the said real estate . "4. In the event the owner files an appeal with the City Clerk, as provided above, the Council sha.11 fix a date for public hearing and give� the owner written notice of the date, time and place thereof . At the time of the public hearing, the Co�.ncil shall hear from the Division, the owner and all other interested parties, and thereafter the Council ma.y sustain, modify or confirm the order of the Division. If the order is sustained, the Council sha11 by resolution fix a time within which the nuisance sha11 be removed or abated and further provide tha.t if such correc- tive action is not taken within the time so specified, the City may abate the nuisance and charge a11 costs incurred therein. A copy of this resolution sha.11 be served by mail upon the owner by the City Clerk. � "5. In the event the City removes and/or abates the nuis- ance, the Division sha.11 keep an accurate record of a11 costs incurred therein and report these costs to the Department of Finance and Ma.nagement Services. These costs sha.11 then be assessed against the affected real property in the manner provided for in Chapter 14 of the City Charter. "6. To meet a situation which constitutes an immediate danger or hazard which if not immediately removed or abated will endanger the health or safety of the public and there does not exist sufficient time to give written notice to • the affected real property, the Divisioni with the written authorization of the Mayor, is hereby empowered to take all reasonable and necessary steps to remove or abate such nuisance forthwith and without the necessity of issuing the written order provided above . �n�a ti.r,a.ae � A �� � � t'� � � ORDINANCE 259��2 � � COUNCIL HLE NO PRESENTED BY ORDINANCE NO- ����L�3 3. '�Follari sech a�ergencp ab�te�nt actian, tl�u Divisio� shsll �oai.� 'ricitten notfca ta tbe oMn�er �f thap�rope rty � deacribing t�e �isan�c�e, t�e action tat�a b'r t� Dl.�risian, the reasa�ns for iamediate �ctioaa, th� costs incnrred ia r�a�ovia�g or sb�atf�g tht nniaaa�ce, and tbat a t�saria� a�all be held before th� City Cv�mcil for t.he puspo� of c�i�- �rin�g the acticrn� tai�en b� t�C Divisio� atid to det�rid.ae �et�er tl'e costs i�cvrred b�r the Divi�io� s1�s11 be aasass�d . ��aiast 'the Property• CoP� of this �oti�e s�al l be pa.rovidad be Citp C�au�cil, asd the Cc�mcil ahall set a date for bear� ing t�sreaa and notify the Pra►Pert�r o�er ta tbe �aoer �et forth in C6apt�er 14 of the City Cbarter pertaiad�g to assessw�ats. At tl�e aaid t�eariug t�e Co�c31 xill hear a r�tport fros t�me Division, and also hear frna t� y ow�r, �d t�,ereafter �ay adopt � resol�3.0� le �g eur� as�s�eat for all or a portioa of the ct�ste �cnrred by t�e Div�.siatt in re�oving or abe,ti�aig th�e z�ntsa�c�. Sectioa 2. T'hat Sactioa 192.18 of t�e Saint Paonl Le,�f.slativre Code is hereby r�eci�ded. � Sectian 3. � This ordimnce s�all tak� effect �nd be in fv�ce this�ty 4�� days fi-am aad after its p�s�age, approval and publicatic�. Yeas n ' en Nays Paseed by the Counci� M� ? �Z B �' Hunt � KonoPa'trJd � T*+ Favor � L�- � .� Mereditfi � �°'"i""t T Sprafka AnV � �Q� Mr. aid t (McCarty) 7'edesco Atteet• Mme. President, Butler A�p��'�' City Clerk Msyor �� �orm spproved Coxpora�ioa Coansel By ,�Q a.� � 2nd �U��7 3rd �_ �j Adopted ���------------- Yeas Nays HUN`.0 KONOPA`CZrii � 2599�2 � � r�R��s�rx � SPRAI�'Y•A � TEDESCO Mme PRESIDEN'-� (BUTLER) �