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03-656l��'r�rroeo - Ou/�• �, �ov� RESOLUTION 33 Council File # 03_ �6?�� Green Sheet # ��_ WHEREAS, Citizen Service Office, Divisiq�/of Code Enforcement has requested the City 2 Council to hold public hearings to consider the advisability and necessity of ordering the repair or 3 wrecking and removal of a two-story, wood frame, single family dwelling located on property 4 hereinafter referred to as the "Subject Property" and commonly lrnown as 794 Dayton Avenue. This 5 property is legally described as follows, to wit: 6 7 L,ot 4, Block 5, Nininger & Donnelly's Addition to Holcombe's Addition. 8 9 1 O WHEREAS, based upon the records in the Ramsey County Recorder's Office and information 1 1 obtained by Division of Code Enforcement on or before December 26, 2002, the following are the now 12 known interested or responsible parties for the Subject Property: State of MN Trust Exempt, 50 Kellogg 13 Blvd. W. Ste. 620B, St. Paul, MN 55102; Michael A. Binns/ Parnell Chules, 764 Carroll Avenue, St. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Paul, MN 55104 WFIEREAS, Division of Code Enforcement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated Apri124, 2003; and WHEREAS, this order informed the then known interested or responsible parties that the siruchxre located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WIIEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by May 27, 2003; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and AA-ADA-EEO Employer 1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City�3' w" � 2 Council on Monday, June 23, 2003 to hear testimony and evidence, and after receiving testimony and 6�� 3 evidence, made the recommendation to approve the request to order the interested or responsible parties 4 to make the Subject Properry safe and not detrimental to the public peace, health, safety and welfare and 5 remove its blighting influence on the comxnunity by rehabilitating this stnxcture in accordance with all 6 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in 7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the siructure to 8 be completed wit..i: �� ��' .a.ays after the date of the Council Hearing; and 9 �ti;nr� �3u� 1 O WHEREAS, a heanng was held before the Saint Paul City Council on Wednesday, July 2, 2003 1 1 and the testimony and evidence including the acrion taken by the Legislative Hearing Officer was 12 considered by the Council; now therefore 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 BE IT RESOLVED, that based upon the testunony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 794 Dayton Avenue: 2. 3. 4. 5. 6. That the Subject Properry comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollazs ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been conected. That Division of Code Enforcement has posted a placard on the Subject Properiy which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the Citizen Service Offices, Division of Code Enforcement, Vacant/Nuisance Buildings. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 43 44 1. The above referenced interested ar responsible parties shall make the Subj ect Property safe and 45 not detrimental to the public peace, health, safety and welfare and remove its blighting influence 46 on the community by rehabilitating this structure and correcting all deficiencies as prescribed in 47 the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable 48 codes and ordinances, or in the alternative by demolishing and removing the shucture in 49 accordance with all applicable codes and ordinances. The rehabilitation or demolition and 50 removal of the structure must be completed within f��=° �'�days after the date of the Council S 1 Hearing. T� r r y(3d) 52 � AA-ADA-EEO Employer 63-< := . �� 1 2. If the above conective action is not completed within this period of time the Citizen Service 2 Office, Division of Code Enforcement is hereby authorized to take whatever steps aze necessary 3 to demolish and remove this structure, fill the site and chazge the costs incurred against the 4 Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 6 3 10 11 12 In the event the building is to be demolished and removed by the City of Saint Paul, all personal properry or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal properly is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such properry as provided by law. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. L� Yeas Navs Absent Benanav /� Blakev ,/ Bostrom ;/ Col Has Lar, Rei Adop Adop By: Appr By: Requested by Department of: Citizen rvice Office• Code Enforcement g Y"J G AA-ADA-EEO Employer �� ' y�. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet 03 DepartmeMloffice/council: � Date Initiated: cs -�=�5�� 30-MAY-03 Green Sheet NO: 3000841 CoMact Person 8 Phone: Deoartment SeM To Person InitiallDate Mdy Dawkins � 0 _ 'tizeo Services �� / ' Zss"�9Z� ASSi9n 1 'tizenServices De artmentDirector fHl /1-1-43 r��r Must Be on Council Agenda by (Date): Number Z m tt 02-JUL-03 For �� Routing 3 avor's Office Ma or/AssisKant pr� 4 Total # of Signature Pages _(Clip All Locations for Signature) Ac[ion Requested: City Council to pass this resolurion to order the owner(s) to remove or repair the building(s). If the owner fails to comply the Code Enforcement Division is ordered to remove the building. Recommendafions: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contrad for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): � T1us building(s) is a nuisance as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislarive Code. The owners, interested parties and responsbile parties lmown to the Enforcement Officer were given an order to repau or remove the buIlding at 794 Dayton Avenue by May 27, 2003, and have faded to compl� with those orders. z�A. �, o��`�..;:.� �mT , � ��r � AdvantageslfApproved: � ��$� The City wiR eliminate a nuisance. � y*��� `� :� � fi DisadvantageslfApproved: � The City will spend funds to wreck and remove this building(s). These costs will be assessed to the,property, collected as a special assessment against the property taxes. _ `� � Disadvanqges If Not Approved: A nuisance condirion will remain unabated in the City. Tlus building(s) will continue to blight the community. Total Amount of 6000 CosURevenue Budgeted: �' Trensaction: Fundin9 Source: 30251 activi�v Numner: Nuisance Housing Abatement ��� ��� � Financial Information: (Explain) JUN 0 5 2003 ATTORI�lE1 CCCIZEN SERVICE OFFICE Dona[d L Luna, City C/erk CITY OF SALNT PAUL Ear.�iy C. Kz.ly, bfc;�or May 30, 2003 DNIS(ON OF PROPERTY CODE E\'FORCEMENT Andy Dm��kins, Program .Lfarzcger a3- ���t_�.- Nuisarsce Buildirtg Code Enforcement l600.VOnhWkiteBeardrenue Tel: 6i1-?66-1900 SainlPaul,hN5�f06 F¢r:6�1-266d926 l�OTICE OF PUBLIC HEARI\GS Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the Cit}� Council schedule public hearin�s to consider a resolution orderin� the repair or removal of the nuisance buildin�(s) located at: 794 Dayton Avenue The City Council has scheduled the date of these hearin�s as follows: Legisiative Hearing - Nlonday, June 23, 2003 City Council Hearing - �Vednesday, July 2, 2003 The owners and responsible parties of record aze: Name and Last Known Address State of MN Trust Exempt 50 Kello�� Blvd. W. Ste. 620B St. Paul, NIN SSIO2 Interest Possible Reverter Interest or the like Michael A. Binns/ Pamell Charles 764 Carroll Avenue St. Paul, �,Zti 5510—^. ine l:szl d�scrrorion of tius p:opzm is: TaY%Fee Owner I,ot 4, Block 5, Nininger & Donnelly's Addition to Holcombe's Addition. AP.-ADA-EEO Employer 03- :.� ��:. 79� Dayton Avenue i�fay 30, 2003 Page 2 Division of Code Enforcement has declared this buildin�(s) to constitute a"nuisance" as defined by Le�islative Code, Chapter 4�. Division of Code Enforcement has issuzd an order to the then known responsible partizs to el'uninate this nuisance condition by correcting the deficiencies or by� razin� and remo��in� this buildin�(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community coniinues to suffer the blightin� influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resotution orderin� the responsible parties to either repair, or demolish and remove this building in a timely manner, and failin� that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incuaed a�ainst the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, 10 ii Steve Ma�er Vacant BuildinJs Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Buildin� Inspection and Desi� Me;han Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph AA-ADA-EEO Employer 03- ���� REPORT Date: June 23, 2003 Time: 10 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd LEGISLATIVE HEARING Mazcia Moermond I,egislative Hearing Officer �2 3. Q F� J0303AA Properiy clean-up at 1237 Matilda Street. (Laid over Suminary Abatement Assessment from 6-10-03.) Legislative Hearing Officer recommends that the City divide the total assessment ($288) over a five (5)-yeaz time period so that the owner couid pay it in installments. Resolution ordering the owner to remove or repair the property at 794 Dayton Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Legislative Hearing Officer recommends that the building be removed or repaired in thirty (30) days. J0301 W Property cIean-up at 1004 Bush Avenue. (Laid over Summary Abatement Assessment from 5-13-03.) Legislative Hearing Officer recommends laying it over to the July 8, 2003 Legislative Hearing. (Note: At the meeting, the Legislative Heazing Officer's recommendation was denial as the owner did not appear; however, the owner calied later and requested to be heazd.) Appeal ofNotice of Condemnation and Order to Vacate dated June 12, 2003 at 1096 Lawson Avenue East. Legislative Hearing Officer recommends denial of the appeal. Appeal of Notice of Condemnation and Order to Vacate dated June 23, 2003 at 214 Kine Street West. Legislative Hearing Officer recommends denial. 6. Appeal of Suinmary Abatement Order at 627 Palace Avenue. Legislative Hearing Officer recommends laying over to a Special Legislative Hearing scheduled for 8:30 a.m. Wednesday, June 25, 2003. £OOZ `ZZ Iud� uo�sQ �6L �,,,.��a� ,.=d��uipTs pa�zureQ za�Em =;�1 0 � A � � V � � d j � iY. � � a � rn o. � � � � � R° �-� ��� � :.r%:' "�. '=;' , ,� � _ . , _ �_ . -. ... _ - = _ _ ___ _. - - __. -°'---�._ � �'_-'.- - �. .: ; � : .�..� �'.--- _ : '_=';,,-. - "_-: � .�. � ' a N � O � � N � O � � � r� � t w � o . � � � � � �s�-�'� � h arivany uo�feQ #r6L . , - �l� , „ y � 7y , --4, � � � � . � N '-C� � O � � ��z �m � � 0 � .� � ;~. i y a � �.� w N � � W N o " O ^`' .��5 oy� W � a . �� � � ------- ,�><-=� s t ;.'::.��� �� ZOOZ `OZ ��Qa3 anuae� uo�ieQ tr6L matn;uoi3 z .�w>"