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95-1019r^���!�;��ol�! t Council File # 95 _ 1°�q Green Sheet # 3054 h Presented By Referred To Committee: Date WHEREAS, Saint Paul Public Health has requested the Ciry Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two- story, wood frame dwelling located on property hereinafter referred to as the "Subject Property" and commonly known as 449 Sherburne Avenue. This property is legally described as follows, to wit: I.ot 43, Block 15, Smiths Subdivision of Blocks 9, 10, 15 and 16 Stinson's Division of the Northwest 1/4 of Section 36, Township 29, Range 23. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Health on or before June 20, 1995, the following are the now known interested or responsibie parties for the Subject Properry: Toua C. & Choua Yang, 7242 Morgan Avenue North, Brooklyn Center, MN 55430; Ramsey County, 50 West Kellogg Blvd. Suite 560, St. Paul, MN 55102; State of Minnesota, 10 River Park Plaza, St. Paul, MN 55101, Attn: State TaY Lien Dept. WHEREAS, Saint Paul Public Health 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 June 15, 1995; and WHEREAS, 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 July 17, 1995; 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 Saint Paul Public Health requested thatthe City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and RESOLUTION CITY OF SAINT PAUL, MINNESOTA y� WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul L.egislative Code, of the time, date, place and purQose of the public hearings; and �? R I � � (�� �. � �s - ���q WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, August 15, 1995 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make tUe Sub}ect Property safe and not detrimental to the public peace, heaith, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. `I`he rehabilitation or demolition of the structure to be completed within F�°°^n,�zrs;-��� after the date of the Council Hearing• S�x(6� mcr��hs VLov.-�:�..�' ��-.,f�os'�:�o�- ccrYr°Pr:�.,v 'P�v�S b.� ��e.._, A�y. �3� l�{4—S C� -�,., o�r�c:.�. Mc< ;v` U WHEREA�, a hearing was held befor�the Saint Paul City Council on Wednesday, August 23, 1995 and the testimony and evidence including the action taken by the Legislative Aearing Officer was considered by the Council; now therefore BE IT RESOLVED, 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 449 Sherburne Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul I.egislative Code, Chapter 45. 2. That the costs of demolition and removal of this 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. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the VacandNuisance Buildings Code Enforcement Program. 8. 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. ORDE12 The Saint Paul City Council hereby makes the following arder: �� f �. � � � �� ' f } � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 �� _ � l. The above referenced interested or responsible parties shall make the Subject Properiy 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 correcting 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 alternative 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 fifteen (15) days after the date of the Council Hearing. 2. If the above corrective action is not completed within this period of time the City of Saint Paul, Public Health, Housing Code Enforcement Section is hereby authorized to take wY�atever 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 Legislative 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 demolition and removal shall be removed from the properry 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 Ciry 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: Adopted by Council: Date `a3 �j Adoption Certified by Council Secretary By: Appx sy: By: �jL.��,,.� .�°o_ - Form Approved by City Attorney By: i-�G✓�ot�^ ^ 7lC �� i � �roved by Mayor for Submission to �ncil �C�i/� ti� �� `ls_�a�°l ,/ DEPAP'q�TM11C xealth �L 07_2 DA INITIATED GREEN SHEET N� 3 0 54 7 GONTACTPERSONBPHONE INITIAUDATE— PPTI DAT Charles Votel 298-4153 DEPARTMENTDIRECTOR CfTYCOUNCI� ASSIGN RY ATTORNEY �— CITY CIEFK MU5TBE ON CAUNCIL AGENDABY (DATE) ppUTiNG��R BUDGET �IRECTOR � FIN. & MGT. SERVICES DIR. August 23, 1995 oA Mnvon(oanss�srn�n Q TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTED: City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Public Health is ordered to remove the building. The subject property is located at 449 Sherburne Avenue. RECOMMENDATIONS: Approve (A� or peleet (til pEflSONAl SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this personffirm ever worketl under a contract fOr this tlepartmentt - _ CIB CoMM�7TEE _ YES NO _ STAFF 2- Has this person�rm ever been a city employee? — YES NO _ DISTRIC7COUR7 _ 3. Does this personRirm possess a skill not normally possessed by any current city employee? SUPPORTS WNICH COUNCIL 061ECTIVE? YES NO Explain ell yea answers on separete sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Wha, What, WMen, 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 449 Sherburne Avenue by July 17, 1995, and have failed to comply with those orders. ������h� ADVANTAGESIFAPPROVEO' The City will eliminate a nuisance. C���c� ��' �'��s:yP` �r:. _;r E , . 9��. � 3 ? t � � f��� JUL 2 � 1g�5 1�ti ?'( 61,�4EY __�, DISADVANTAGES IFAPPROVED 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. �ISADVANTAGES IF NOTAPPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTAL AMOUNT OF TRANSACSION $ COSTIREYENUE BUDGETED (CIRCLE ONE) YE NO FUNDIHG SOURCE NU1SanCE HOUSinq AbatemErit ACTIVITYNUMBER 33261 FINANCIAL INFORMATION' (E%PLAIN) SAINT PAUL PUBLIC HEALTH Ntal Xolfan. M.D., M.P.H, D�rector `•IS-10� CTTY OF SAINC PAUL NUlSANCE BU[LDINGS CODE Norm Coleman, Mayor ENFORCEME7TT 555 Cedar Street Saint Paul, MN SSIOI-2260 i July 21, 1995 NOTICE OF PUBLIC HEARI�'GS Council President and Members of the City Council 612-298-4153 Saint Paul Public Health, Vacant/Nuisance Buildin�s Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 449 Sherburne Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, August 15, 1995 City Council Hearing -`�'ednesday, August 23, 1995 The owners and responsible parties of record are: Name and Last Known Address Toua C. & Choua Yang 7242 Morgan Avenue North Brooklyn Center, MN 55430 Ramsey County 50 West Kellogg Blvd. Suite 560 St. Paul. MN 55102 SCate of Minnesota 10 River Park Plaza St. Paul, MN 55101 Attn: State Tax Lien Dept The legal description of this property is: Interest Fee Owner 7ud;ement Creditor Judgement Creditor ' �� ��z�; �°�?�� J�� 2 � ?��5 L.ot 43, Block 15, Smiths Subdivision of Blocks 9, 10, 15, and 16 Stinson's Division of the Northwest 1/4 of Section 36, Township 29, Range 23. � 5 -10 \� 449 Sherbume Avenue July 21, 1995 Page 2 City of Saint Paul Public Health has declazed this building(s) to constitute a"nuisance" as defined by L,egislative 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 communiry continues to suffer the blighting influence of this property. It is the recommendation of Public Health that the Ciry 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 esta[e as a special assessment to be collected in the same manner as taxes. Sincerely, '���� t •�� �,= � ..��_� Charles A. Votel Program Supervisor Housing Code Enforcement Programs Saint Paul Public Health C�7J�� cc: Jan Gasterland, Building Inspection and Design Peter Warner, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division 01-93 qs _ �019 Resolution ordering the owner to remove or repair the referenced building, located at 203 Robie Street West. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Otficer recommends approval %8� Resolution ordering the owner to remove or repair the referenced building, located at �� 449 Sherburne Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends allowing a sig month e%tension to complete rehabilitation, contingent on the posting of appropriate bonds by August 23,1995, Council meeting. ). Resolution ordering the owner to remove or repair the referenced building, located at 238 Victoria Street No. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends approval 10. Vehicle Abatement -1792 Portland Avenue Legislative Hearing Officer recommends granting the appeal, with the understanding that the owner will deal with the surface issue for the parking of the vehicle