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95-285ORiGINAL Council Eile # 7�7'�f� Green Sheet # �ssV RESOLUTION CITY OF SAINT PAUL, MINNESOTA ,�! Presented By Referred To Committee: Date WHEREAS, Saint Paul Public Aealth has requested the City 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 and a one vehicle, attached block garage located on property hereinafter referred to as the "Subject Properry" and commonly known as 511 Case Avenue. This property is legally described as follows, to wit: The East 33 1/4 feet of the Westerly 66 1!2 feet of Lots 1 and 2, and the East 55 1/2 feet of Lots 1 and 2, all in Block 14, Fairview Addition to the City of St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obta3ned by Saint Paul Public Health on or before January 4, 1995, the following are the now known interested or responsible parties for the Subject Properry: L.eader Federal Bank, P. O. Box 1869, Memphis, TN 28101-1860, Attn: Marilyn Clanton; Bernard B. Berczyk, 242 Rose Avenue W, St. Paul, MN 55117; East Side Neighborhood Development Co., 907 Payne Avenue, St. Paul, MN 55101, Attn: Dawn; Charles A. Satak, P.O. Box 4396, St. Paul, MN 55107. 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 December 30, 1994; 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 Properry by January 30, 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 Aealth requested that the City Clerk schedule public hearings before the Legislative Aearing Officer of the City Council and the Saint Pau1 City Council; and WHEREA5, 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 purpose of the public hearings; and qs-s sr3 WHEREAS, a hearing was held befare the Legislarive Hearing Officer of the Saint Paul City Council on Tuesday, March 7, 1995 to heaz testimony and evidence, and after receiving testimony and evidence, made the recommendafion 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 welfaze 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. 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 Ciry Council on Wednesday, March 15, 1995 and the tesUmony and evidence including the action taken by the Legislative Hearing 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 Properry at 511 Case 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 5ubject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the de6ciencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been conected. 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 VacanUNuisance Buildings Code Enforcement Program. 8. 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: qs.�.� 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the communiry 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 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 Aearing. 2. If the above conective 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 whatever steps are necessary to demolish and remove this structure, fill the site and charge the costs incurred against the Subject Properry pursuant to the provisions of Chapter 45 of the Saint Paul I.egislative Code. 3. In the event the building is to be demolished and removed by the Ciry of Saint Paul, all personal groperty or fistures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of ttus 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 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 L.egislative Code. Requested by Department of: By: (' lsc��y�c L��--� Form Approved by City Attorney Adoption By: � Approved By: _ Date Secretary gy: �/7,�G✓�Gyv..s 7 i � �'�`7 S' Approved by Mayor for Submission to �� Council � By: [�'�IY� L�.` ..%��n.ri"v� „ �: � ���� Adopted bp Co.n��: Date _��� '``"=_ 9S•3trs � DEPARTMENT(pFFICE/COUNq� OATE iNRIATE� P���� Hea1Ch o2-� -95 GREEN SHEET N_ 30555 CqNTACT PEPSON & PHONE /� �NfTIAVDATE INffIAVDATE Charles Votel 298-4153 /e,/ DEPARTMENTOIqECfOR CRVCOUNCIL �/'I aSS��N CRVATTORNEV /E?✓"' qTVCIERK NUYBERiON MUS7 BE ON CqUNCiL AGENDA BY (DAiE) p0�{µ� BU�GET DIRECTOR O FIN. & MGi. SEflVICES DIR. MarCh 15, 1995 opoE" �MA1'OR�ORASSISTAHn � 4� T07AL # OP SIGNATURE PAGES �' (CLIP ALL LOCATIONS FOR SIGNATURE) ACT10N qEQUE5iED: ' City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the ovmer fails to aomply with the resolution, Public Health is ordered to remove the building. The subject property is located at 511 Case Avenue. RECOMMENDATIONS: Apprwe (A� or peject (q) pER50NA1 SERVICE CONTRACTS MUST ANSWER TXE FOLLOWING QUESTIONS: _ PLAryNING CAMM�SSION _ ClVIL SEXVICE CqMMi$SION �� Has ihis personRirm ever worked under a coMract for Mis depertment? _ CIB COMMfTTEE YES NO _ S7AFF Z. H&s this peison/firm ever been a ciry employee? — YES NO _ DIS7AIC7 COURT _ 3. Does this person/firm possess a skill not normall y possessed by any curtent C�ty employee? SUPPORTS WHICH CAUNCIL OBJECTIVE? YES NO Explain all yes answers on separate sheet ana attach to green sMeet INYTIATING PROBLEM ISSUE, OPP�RTUNRV (VJIw, What, When, NTere� ): This building(s)'is a nuisance builcling(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 511 Case Avenue by January 30, 1995„ �nd.#�,a.ve failed to comply with those orders. i�v�'�����' �A`� 06 1995 am ADVANTAGE9IFAPPROVED: � �"�CG.K6.e�t .e°o 6r� The City will eliminate a nuisance. DISAWANTAGES 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. 13� 9'1����is�E ��w. E�§' �AR a � 1995 ��A�nuisance conc�li�tion will remain un.abated in the City. This building(s) wi11 continue to blight the community. ��CE11�E� FE� �4 i395 �, `�� r:� $�,000 - S9,000 "`�'� TOTAL AMOUNT OF TR�lul COST/qEVENUE BUDGE7F�C} j��CLE ONE) YES NO FUNDIfdG SOUpCE ACTIVITY NUMBEH FINANCIAL INFORMATION: (EXPLAIN) SAINT PAUL PUBLIC HEALTH NealXaGan, M.D., M.P.K. Direaor CITY OF SAINT PAUL rrarsar�cs sua.niNCS coDa Nonn Coleman,.Lta�ar ENFORCEMENC 555 Cedar Srreet Saint Paut, MN 55707-2260 i February 10, 1995 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council 9S-�Y3 612-298-4153 Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the City Councii schedule public hearings to consider a resolution ordering the repair or removal of the nuisance buiiding(s) located at: 511 Case Avenue The City Council has scheduled the date of these hearings as foilows: Legislative Hearing - Tuesday, March 7, 1995 City Councii Hearing - Wednesday, March 15, 1995 The owners and responsible parties of record are: Name and Last Known Address L,eader Federal Bank P. O. Box 1869 Memphis, TN 28101-1860 Attn: Marilyn Clanton Interest Fee Owner Bemard B. Berczyk 242 Rose Avenue W St. Paul, ivlN 55117 East Side Neighborhood Development Co 907 Payne Avenue St. Paul, MN 55101 Attn: Dawn Charles A. Satak P.O. Box 4396 St. Paul, MN 55107 Fee Owner Neighborhood Previous Contract foz Deed Holder \ // qS-�Rs 5ll Case Avenue February 10, 1995 Page 2 The legal description of this property is: T'he East 33 1/4 feet of the Westerly 66 1/2 feet of L,ots 1 and 2, and the East 55 1/2 feet of L,ots 1 and 2, all in Block 14, Fairview Addition to the City of St. Paui. City of Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. Public Health has issued an order to the then known responsible garties to eluninate 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 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 tunely manner, and failing that, authorize Public Health to proceed to demolition and removal, and to assess the costs incurred a�ainst the real estate as a special assessment to be collected in the same manner as taxes. Siz�cerely, :� �� �� � ��? Charles A. Votel Program Supervisor Housing Code Enforcement Programs Saint Pau1 Public Healih CAV:mI cc: Jan Gasterland, Building Inspection and Design Peter Warner, City Attozneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Marshall Dan Pahl PEII-Housing Division 01-93 as-a�s COMMITI'EE REPORT LEGISLAI'IVE HEARING COMMITTEE MARCH 7, 1995 Gerry Strathman L.egislative Hearing Officer 1. Resolution ratifying assessment of benefits, cost and eacpenses for summary abatements for the following: s Boardings-up of vacant buildings for Apri11994 (J4411B) = Boardings-up of vacant buildings for May 1994 (J9421B) s Boardings-up of vacant buildings for June 1994 (J9422B) ' Boazdings-up of buildings damaged by fires in 1994 (J9432B) * Demolition of vacant buildings foz August thru November 1994 (J9411C) * Added e�ense incurred after demolition at 443 Fisk Street (J9412C) " Summary abatement (Property clean-up) for summer of 1994 (J411TDBC) ` Summary abatement (Property clean-up from mid-August to mid-September 1994 (39412TDBC) 878 Palace Avenue: Summary abatement appeal laid over to April 4. Legislative Hearing Officer recommends approval with the following exceptions: 1485 Albermarle St (J9411TDBC), 293 Harrison (J9411), 430 Whitall 5t. (J9411B), 50 Mounds Blvd. (J9411TDBC) be deleted and 344 Duke (J9411B) and 242 Rose St. and 250 Rose St. (formerly 246 Rose St.) (J9411C) to be laid over. 2. Resolution ordering the owner to remove or repair the referenced building, located at 11 Case Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends layover to April 18, contingent on the property being secured. 3. Resolution ordering the owner to remove or repair the referenced buiiding, located at 654 Hollv Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legistative Hearing Officer recommends approval