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95-3900 R I G I@! A L Council File #_��� Green Sheet # ��5�/ RESOLUTION � CITY OF SAINT_ PAUL, MINNESOTA �✓� Presented By , itii � Referred To Committee: Date 1 WI3EREAS, Saint Paul Public Health has requested the City Council to hold public hearings 2 to consider the advisability and necessiry of ordering the repair or wrecldng and removal of a one- 3 story, wood frame dweliing with a metal and wood shed located on property hereinafter referred to 4 as the "Sub}ect Properiy" and commonly known as 835 Clear Avenue. This property is legally 5 described as follows, to wit: 6 7 L.ot 18, Block 6 Lanes Phalen Grove Addition, Saint Paul, Minnesota. 8 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and 10 information obtained by Saint Paul Public Health on or before January 24, 1995, the following are 11 the now known interested ar responsible parties for the Subject Property: Bob L,ang, Mesabi 12 Engineering, 1350 Arcade Street, St. Paul, MN 55106; Gloria & Michael Beath, 387 Arlington 13 Avenue East #212, St. Paul, MN 55101. 14 15 WHEREAS, Saint Paul Public Health has served in accordance with the provisions of 16 Chapter 45 of the Saint Paul L,egislative Code an order identified as an "Order to Abate Nuisance 17 Building(s)" dated January 20, 1995; and 18 19 WHEREAS, this order informed the then lrnown interested or responsible parties that the 20 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 21 22 WHEREAS, this order informed the interested or responsible parties that they must repair or 23 demolish the structure located on the Subject Property by February 21, 1995; and 24 25 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 26 this building(s) to constitute a nuisance condition; subject to demolition; and 27 28 WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health 29 requested that the City Clerk schedule public hearings before the L.egislatrve Hearing Officer of the 30 City Council and the Saint Paul Ciry Council; and 31 32 WHEREA5, the interested and responsible parties have been served notice in accordance 33 with the provisions of Chapter 45 of the Saint Paul I,egislative Code, of the time, date, place and 34 purpose of the public hearings; and 35 36 WHEREAS, a hearing was held before the L.egislative Hearing Off'icer of the Saint Paul City 37 Council on Tuesday, April 4, 1995 to hear testimony and evidence, and after receiving testimony 38 and evidence, made the recommendation to approve the request to order the interested or responsible 39 parties to make the Subject Properry safe and not detrunental to the public peace, health, safety and 40 welfare and remove its blighting influence on the community by rehabilitating this structure in 41 accordance with all applicable codes and ordinances, or in the alternative by demolishing and 42 removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or 43 demolition of the structure to be completed within fifteen (15) days after the date of the Council 44 Hearing; and q�=.�2a WHEREAS, a hearing was held before the Saint Paul Ciry Council on Wednesday, April 12, 1995 and the testimony and evidence including the action taken by the Legislative Hearing O�cer was considered by the Council; now therefore BE IT RFSOLVED, that based upon the testunony and evidence presented at the above referenced public hearings, the Saint Paul Ciry Council hereby adopts the following Findings and Order concerning the Subject Property at 835 Clear Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul L,egislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estunated 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 laiown responsible parties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition fiave 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 Enforcement Program. 8. That the known interested parties and owners are as previously stated 'an this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul Ciry Council hereby makes the following order: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to ffie public peace, health, safery and welfare and remove its blighting influence on the communiry 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 demoli6on and removal of the structure must be completed within fifteen 915) days after the date of the Council Hearing. � 2 3 4 5 6 7 8 9 10 11 12 13 14 �s=3�a 2. If the above corrective acfion 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 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 demoliuon and removal shall be removed from the properry by the responsible parties by the end of this time period. If all personal properry is not removed, it shall be considered to be abandoned and ffie 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 L,egislative Code. Requested by Department of: By: Appr By: = t �� ��� � .�.c� Form Approved by City Attorney By: ��.✓.�� Approved by Mayor for Submission to Council By: �� �� �� Adopted by Council: Date ��� Adoption Certified by Council Secretary 9s'� � DEPARTMEM/OFFICE/COUNCIL OATE INRIATED GREEN SHEET N_ 3 0 5 5 9 CANTACf PERSON & PHONE INITIAVDATE INRIAllOATE DEPARTMENtDIREL?OR CINCOUNd� Charles Vote1 298-4153 AS+��N CITYATfOflNEY CITYCLERK MUST BE ON COUNCIL AGENDA BY (DATEJ RUO��FOP gUDGET DIRECTOR O FIN. & MGT. SEflVICES �IR �D� �al MAVOR (Ofl ASSISiANT) � ya 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 located at 835 Clear Avenue. RECAMMENDA7IONS: Approve (A) or Reject (R) pERSONAL SERVICE CONTflACTS MUS7 ANSWER TNE FOLLOWING �UESTIONS: _ PLANNING COMMISSION _, CML SERVICE CAMMISSION 1. Has this personffirm ever worked under a coMract for Riis departrnen[? _ CIB COMMITTEE � YES NO _ STAFF 2. Has this perso�ffirm ever beea a city employee? — YES NO _ DISTRICTCOURi _ 3. Doesthis ersonNirm p possess a skill not normally possessed by any curteM cily employee? SUPPoRTS WHICH CqUNCIL 0&IECTIVE7 YES NO Explain ell yes answers on seperate sheet antl attaeh to green sheet INITIATING PFOBLEM, ISSUE, OPPORTUNI7V (Who, W�et. Wlren. 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 835 Clear Avenue by February 21, 1995, and have failed to comply with tlzose orders. ADVANTAGESIFAPPROVED� '�:r..,....,z6 ...sw...r�tn9d e_. � The City will eliminate a nuisance. �������� � APR �4 399� ��R � � �9�� , a�94H��� �d 3 � ���-_�.... _=) DISADVANTAGES IF APPROVEO: 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. ois�o�rg���rnrtg�qg�ion will remain unabated in the City. This building(s) will continue to blight the community. , - . TOTALAMOUNTOFTN��,Ig$��g������ �}]:j��g,ry�q}}�— COST/REVENUEBUDGETgD��CLEONE) VES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL WFONMATION: (EXPWN� 9'� 3 qb COMMITTEE REPORT LEGISLATIVE HEARING COMMTr'TEE APRIL 4, 1995 Gerry Strathman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the re£erenced building, located at 783 Centrat Avenue W est. If the owner fails to comply with the resolution, Public Health is �rdered to remove the building. Legislative Hearing Oi'iicer recommends a sia month eatension, contingent on the posting of appropriate bonds and code compliance inspection by the April 12 Council meeting. �,2! Resolution ordering the owner to remove or repair the referenced building, located at 835 Cleaz Avenue If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing OiTicer recommends approval 3. Vehicle Abatement Order -1251 Berkelev Avenue Legistative Hearing Ofticer recommends denying the appeal 4. Summary Abatement Order - 762 Lafond Avenue Legislative Hearing Officer recommends denying the appeal 5. Summary Abatement Order - 878 Palace Legislative Hearing Ofticer recommends denying the appeal 6. Summary Abatement Order - 703 Wells Street Legislative Hearing Officer recommends granting the appeal 7. Resolution ratifying assessment of benefits, cost and expenses for summary abatements for the following: * Boardings-up of vacant buildings for July 1994 (J9501B) * Boardings-up of vacant buildings for August 1994 (J9502B) * Summary Abatements (Property clean-up from August to December 1994 (J9503A) Legislative Hearing Officer recommends approval with the foilowing eaceptions: 508 Belvidere Street East (J9503A) - a(low the uwner to spread payments out over ten years 402 Clifton (J9503A) - reduce assessment by one half