Loading...
95-209Council File ## � 0� Green Sheet '� /9/�Jf RESOLUTION ` CITY OF SAINT PAUL, MINNESO�'A Presented By 36 Re£erred To _ _ Committee: Date i WHEREAS, Saint Paul Public Health has requested the City Council to hold pubiic hearings 2 to consider the advisability and necessity of ordering the repair or wrecking and removal of a two- 3 story, brick and stucco multi-unit structure, and a two vehicle, detached, wood frame garage located 4 on properry hereinafter referred to as the "Subject Property" and commonly l�own as 217-219 Bates 5 Avenue. This properry is legally described as follows, to wit: 6 7 8 The Northwesterly 105 feet of Lot 23, Willius Subdivision of Block 57, Lyman 9 Dayton's Addition to St. Paul, Ramsey County, Minnesota. 10 11 12 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 13 information obtained by Saint Paul Public Health on or before November 21, 1994, the following 14 are the now known interested or responsible parties for the Subject Property: Kathleen M. 15 Anderson, 702 Wilson Avenue, St. Paul, MN 55106; Robert Wicker, EDS Enterprises, P. O. Box 16 10876, Dellwood, MN 55110; Heritage Preservation, lith Floor City Hall Annex, 25 W. 4th 17 Street, St. Paul, Mn 55102, Attn: Aaron Rubenstein. 18 19 20 WHEREAS, Saint Paul Public Health has served in accordance with the provisions of 21 Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance 22 Building(s)" dated November 17, 1994; and 23 24 25 WHEREAS, this order informed the then known interested or responsible parties that the 26 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 27 28 29 WHEREAS, this order informed the interested or responsible parties thac they must repair or 30 demolish the structure located on the Subject Property by December 19, 1994; and 31 32 33 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 34 this building(s) to constitute a nuisance condition; subject to demolition; and 35 36 37 WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health 38 requested that the City Clerk schedule public hearings before the L,egisiauve Hearing Officer of the 39 City Council and the Saint Paul City Council; and 40 41 �`IS-s�9 WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul L,egislarive Code, of the time, date, place and purpose of the public hearings; and WFIEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul Ciry Council on Tuesday, February 21, 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 the Subject Properry safe and not detrimental to the public peace, health, 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 struciure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, March 1, 1995 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore - BE IT RE50LVED, 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 Properiy at 217-219 Bates Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative 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 conect 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 Vacant/Nuisance Buildings Code Enfarcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the nofification requirements of Chapter 45 have been fulfilled. 9s•�q .�. . The Saint Paul City Council hereby makes the following order: 1. 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 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 alternauve 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 tbe above corrective action is not completed within this period of time the Ciry of Saint Paul, Public Health, Housing Code Enforcement Section 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 L.egislative Code. 3. 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 property 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. 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 a.a � �,5 Adoption Certified by Council Secretary By: Appr By: B �Z� �--c��.____ Form Approved by City Attorney By: �(�G�G✓GW!^P� Approved by Mayor for Submission to COUI1C11 sy:��(/,,,.� °�-��Z�X�J �s-�o� ,/ DEPARTMENT/OPFICE/COUNCIL DATE INITIATED N�. 1916 8 r��vi�� Health oi- �-9s GREEN SHEET INITIAVDATE INITIAVDATE COM PE SON & PHONE DEPARTMENT DiRECTOR ClN COUNCII C arles Votel 298-4153 C/✓ ASSIGN �CITYATTORNEY I"� �CITVCLERK MUST BE ON COUNqLAGENDA BV (DATE) ROUTINGFOR ❑ BUOGET DIflECTOR � FIN. & MGT. SERVICES �IR. March 1, 1995 OfiOER �MqYOR(OflASSISiAN� O TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION 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 locaCed at 217-219 Bates REC MMErvDAi16NS: Approve (n) or Reject (R) pER50NAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTIONS: _ PLANNING COMMISSIOPd _ CINL SERVICE COMMISSfON 1. Has this persoNFirm ever worked untler a contract for this department? _ CIB COMMITTEE �ES NO _ STAFF 2. Has this perso�lfirm ever been a ciry employee? — VES NO _ D�SiFiiCi cOUai _ 3. Does this pereon/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE� YES NO Ezplaln all yes answers on separate sheet anC attaeh to green sheet INITIATING PROBLEM, ISSUE, OPPORtUNITY (Who, What, When, 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 21'I-219 Bates Avenue by December 19, 1994, and have failed to comply with those orders. A � . �� ADVANTAGES IFAPPROVED: The City will eliminate a nuisance. '��`s�t'���`$ �'�����. [ �e'3 a P� t° �Fld�s�r��'% ��a�+iJ':� l✓^ud{g4�+ t- �,� '�'J d �.�s'J� DISADVANTAGES IF APPROVED 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 NOTAPPFOVED: A nuisance condition will remain unabated in the City. This �� d����ll continue to blight the community. �; � E� G 2 1995 �` � ������� TOTAL AMOUNT OF TRANSACTION $ _ COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDINGSOURCE TTnieanC� Ts0]1S�ng��arPmcnt ACTIVITYNUMBER �';7�+� FINANG�AL INFORMATION: (EXPLAIN) qs'-a�°q LEGISLATIVE HEARINGS February 21, 1995 Gerry Strathman Legislative Hearing Q�cer ( 1. �Resolution ordering the owner to remove or repair the referenced building, located at LJ 217-219 Bates Avenue If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends allowing the owner six months to complete the rehabilitation, contingent on obtaining the code compliance insgection and the posting of appropriate bonds by the Council meeting on March 1. 2. Resolution ordering the owner to remove or repair the referenced building, located at 1026 Burr Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends approval 3. Resolution ordering the owner to remove or repair the referenced building, located at 898 Selby Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends approval �� 4. Resolution ordering the owner to remove or repair the referenced building, located at 669 Third Street East. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends withdrawai 5. Summary Abatement Ordes - 661 E. L.awson Legislative Hearing Qfticer recommends denial of appeai SAINT PAtiL PUBLIC HEALTH t Neal Hoftan, M.D., M.P.H., Direc7or 9J �,D � CTTY OF SAINT PAUL NU�SANCE BIiIIDIA'GS CODE 11orm Co1em¢rt, Mayor ENFORCEME.�T SSS Cedar Sneet Saint Pau(. M:� 55101-2260 r.r�• January 27, 1995 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council � v �# � � _,.,� Saint Paul Public Health, Vacant/Nuisance Buildin;s Enforcement Unit has requested the City Council schedule public hearings to consider a resolution orderina the repair or removal of the nuisance building(s) located at: 217 Bates Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, February 21, 1995 City Council Aearing - Wednesday, March 1, 1995 The owners and responsible parties of record are: Name and L,ast Known Address Kathleen M. Andezson 702 Wilson Avenue St. Paul, MN 55106 Interest Fee Owner Robert Wicker EDS Enterprises P. O. Box 10876 Dellwood, MN 55110 Heritage Preservation ilth Floar City Hall Annex 25 W. 4th Street St. Paul, Mn 55102 Attn: Aaron Rubenstein Owners Registration Form Phonebook 6I b298-4153 :� ��,_:. �.;��_� e.._.. 9s�q 217-219 Bates Avenue Ianuary 27, 1995 Page 2 The legal description of this property is: The Northwesterly 105 feet of L.ot 23, Willius Subdivision of Block 57, Lyman Dayton's Addition to St. Paul, Ramsey County, Minnesota. City of Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined by I.egislative Code, Chapter 45. Public Health has issued an order to the then known resgonsible parties to eliminate this nuisance condition by conecting the deficiencies or by razing and removing this buildine(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, �� x ; x ? x ,� / ,��� ����5 � �'�v'� �' �" '� Charles A. Votel Program Supervisor Housing Code Enforcement Programs Saint Paul Public Health CAV:ml cc: Jan Gasterland, Buildin; Inspection and Design Peter Wamer, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housin; Division 01-93