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04-1223J� r t"l�� "�`� °� � I �` — f D � Council File #��(�+ Green Sheet # 3024343 RESO�UTION CITY OF SAINT PAU1� MINNESOTA Presented By Referred To �a� Committee: Date i WF�REAS, Neighborhood Housing & Property Improvement has requested the City Councii to 2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and 3 removal of a two-story, single family dwelling located on property hereinafter referred to as the "Subject 4 Property" and commonly known as 129 Sycamore Street West. This property is legally described as 5 follows, to wit: 6 9 10 11 12 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 The East 60 feet of the following described lot: Commencing at the Northeast corner of Rice and Sycamore Streets, thence North along said Rice Street 42 2/3 feet, thence East parallel to said Sycamore 150 feet, thence South parallel to said Rice Street 42 213 feet to North line of said Sycamore Street, thence West 150 feet to beginning being in the Southwest 1!4 Section 30, Township 29, Range 22. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Neighbarhood Housing & Property Improvement on ar before August 9, 2004, the following are the now lrnown interested or responsible parties for the Subject Property: TCR Land Holdings LLC, 768 Rice Street, St Paul, MN 55117-5433 WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the provisions of Chapter 45 of the Saint Paul L,egislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated 5eptember 14, 2004; and WF�REAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by September 29, 2004; and WHEREAS, the enforcement officez has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolirion; and WHEREAS, this nuisance condition has not been corrected and Neighborhood Housing & Property Improvement 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 I.egislative Code, of the time, date, place and purpose of the public hearings; and AA-ADA-EEO Employec oH� raa3 1 WHEREAS, a hearing was held before the Legislative Hearing O�cer of the Saint Paul City 2 Council on Tuesday, December 14, 2004 to hear testimony and evidence, and after receiving testimony 3 and evidence, made the recommendation to approve the request to order the interested or responsible 4 parties to make the Subject Property safe and not detrimental to the public peace, health, safety and 5 welfue and remave its blighring influence on the community by rehabilitating this stmcture in 6 accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing 7 the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of 8 the structure to be completed within / f fts,� �P��days after the date of the Council Hearing; and 4 f'dirf �Ue. �/S� 10 WFIEREAS, a hearing was held�efore the Samt Paul City Council on Wednesday, December 22, 11 2004 and the testimony and evidence including the action taken by the Legislative Hearing Officer was 12 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 43 44 45 46 47 48 49 50 S1 considered by the Council; now therefore BE TT RESOLVID, that based upon the testimony 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 129 Sycamore Street West: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs o� demolition and removal of Yhis building(s) is estimated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. 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). 5. 6. 7. 8. That the deficiencies causing this nuisance condition have not been conected. That Neighborhood Housing & Property Improvement has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by Neighborhood Housing & Property Improvement, Vacant/Nuisance Buildings. That the known 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: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and conecting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within ��� days after the date of the Council Hearing. �a��—�('-iv� �Z{S� AA-ADA-EEO Employer 0�` 1�.3 � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2. If the above correcUve action is not completed within this period of time Neighborhood Housing & Property Improvement is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislarive Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demoliuon and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. 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 I.egislative Code. Requested by Department of: Yeas Na s Benanav � Montaomerv ,� Boe� r^-� ThU Haz Lar. HeI Adop Adop By: Appr By: Absent Nei hbor ood Housin Pro ert Im rovement B . / AA-ADA-EEO Employer o�f- i�.a3 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartrnenVoffice/council: Date Initiated: �,� ���,�x�� ,�-NO�-04 Green Sheet NO: 3024343 Contact Person & Phone: ����t Sent To Person InitiaVDate Mdy Dawkins � 0 rh 266-1927 /�ign 1 rh o' er t Dirtttor � ^ �U''� Must Be on Council Agenda by (Date): Number z - A m /1— �/S—O 22-DEC-04 For Routing 3 or's0ffice Ma or/Assistant Order 4 o cil 5 " Clerk Ci Clerk Total # of Signature Pages _(qip NI Locations for Signature) Action Requested: City Council to pass this resolution which will order the owner(s) to remove or repa'u the refezenced building(s). If the owner fails to comply with the resolution, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 129 Sycamore Street West Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a contract 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 personffirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity(Wbo, What, Whe�, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 129 Sycamore Street West by September 29, 2o h� failed to co °'Y, "" s�eror�ers ��,. ���V�V �����,y �"���� , n� L%6� lr J ? � , ��� i Advanta9es If ApProVetl: ,^.; � eJ %�.' � The City will eliminate a nuisance. ,,, �r���€� � o���cE �;����' �,�� ������'��` Disadvantages If Approvetl: � The Ciry 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 tases. „ x� ^ _, — , Disadvantages If Not Approvetl: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the communiry. ��`' �'�6�� Total Amount of � Trensaction: ��� �sUReveoue Budgeted: y Funding Source: NUlsance HOUSing Activity Number: 30251 Financiallnformation: Abatement (Explain) o�- �aa3 LEGISLATIVE HEARING REPOT OF DECEMBER 14, 2004 � Appeal of Suinmary Abatement Order at 1833 Fairmount Avenue. Page 2 Legislarive Hearing Officer recommends denying the appeal on the Summary Abatement Order dated November 17, 2004. Appeal of Sununary Abatement Order at 335 Hazelwood Street. Legislative Hearing Officer recommends denying the appeal on the Summary Abatement Order &om November 2004. 9. Resolution to remove or repair the building(s) at 1050 Haeue Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). �10. Legislative Hearing Officer recommends granting the owner 180 days to complete the rehabilitation of the properry on condition that the following is done by noon of December 22, 2004: 1) a work plan submitted showing how all the items on the Code Compliance InspecYion Repoft will be completed, 2) documents submitted showing the fmancial capacity to execute the work plan. Resolution to remove or repair the building(s) at 129 Svcamore Street West. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). Legislative Hearing Officer recommends amending the resolution to remove ar repair in 45 days. 1 l. Resoluuon to remove or repair the building(s) at 697 Vireinia Street. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). Legislative Hearing Officer recommends granting the owner 180 days to complete the rehabilitation of the property on condition that the following is done by noon of December 22, 2004: 1) work plan submitted showing how all the items on the Code Compliance Inspection Report will be completed, 2) documents submitted showing the financial capacity to execute the work plan, 3) vacant building fees paid. 12 Appeal of Summary Abatement Order at 1619 Mazearet Street. Legislative Hearing Officer recommends denying the appeal and granting an extensfon to March 25, 2005, to bring the property into compliance. � D�f- l�3 IvEIGHBORH00D HOU54�iG & PROPERTY N�IPROVE�fE.YC Andy Dawkins, Progrom Manager CTTY OF SAPi IT PAUL N�isanre Building Code Enjorcement Randy C. Kelly, Mayor ]600 Nonh Wkire Bear Avemre Saint Pauf, hfN 5�106 November 19, 2004 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council ��L��' � � 2�€�� Neighborhood Housin� & Property Improvement , VacandNuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance buitding(s) located at: 129 Sycamore Street West The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, December 14, 2004 City Council Hearing - Wednesday, December 22, 2004 The owners and responsible parties of record are: Name and Last Known Address TCR Land Holdings LLC 768 Rice St St Paul, MN 55117-5433 The ]egal description of this property is: Interest Fee Owner The East 60 feet of the following described lot: Commencing at the Northeast corner of Rice and Sycamore Streets, thence North along said Rice Street 42 2/3 feet, thence East parallel to said Sycamore 150 feet, thence South pazaliel to said Rice Street 42 2/3 feet to North line of said Sycamore Street, thence West 150 feet to be�nning being in the Southwest 1/4 Section 30, Township 29, Range 22. Neighborhood Housing & Property Improvement has declared this buiiding(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. Neighborhood Housing & Property Improvement 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). Tel: 6i1-?66d900 Far. 65l-266-1926 i �"�i�:�-^—c�"._" _ ..... , s�_ ., . . _. � AA-ADA-EEO Employer o�- ia�3 129 Sycamore Street West November 19, 2004 Page 2 Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the bli�htin� influence of this property. It is the recommendation of the Nei�hborhood Housin� & Property Improvement that the City Council pass a resolution orderin� the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Neighborhood Housing & Property Improvement 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 ta�ces. Sincerely, �s , , �� , Steve Maa er Vacant Buildings Supervisor Neighborhood Housing & Property Improvement . � SM:mI cc: Frank Berg, Building Inspection and Design Judy Hanson, City Attorneys Office MaryErickson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph AA-ADA-EEO Employa : �'v.;. v � ^ =`�' ,