95-562ORIGI�A�
7�
Covncil File # g � s� �
Green sheet # � d � 7 �
RESOLUTION
CITY OF SAINT PAUL. MINNE50TA
Presented By
Referred To
Committee: Date
WHEREAS, Saint Paul Public Health 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 one-
story, wood frame, stucco dwelling with a metal dog kennel and wood dog house in front yard of
dwelling located on property hereinafter referred to as the "Subject Properry" and commonly known
as 450 Sherburne Avenue (rear house). This properiy is legally described as follows, to wit:
I.ot 28, Block 15, Smith's Subdivision of Blocks 9, 10, 15 and 16 Stinson's Division
of the Northwest Quarter 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 Aealth on ar before March 20, 1995, the following are
the now l�own interested or responsible parties for the Subject Property: Lake Elmo Bank, 11465
39th Street No., Lake Elmo, MN 55042-9586; c/o R. Smaller Scott, 800 Hague Avenue
(lst Floor), St. Paul, MN 55104; Scott W. & Marla J. Rostron, 1778 Onacrest C�trve, Maplewood,
Mn 55117-2344; Dawn Young, 2533 7th Avenue East (Office C), North Saint Paul, MN 55109.
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 March 16, 1995; and
WHEREAS, this order informed the then l�own interested or responsible parties tfiat the
structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this arder informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by April 17, 1995; and
WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring
thas building(s) to constuute a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health
requested that the Ciry Clerk schedule public hearings before the I,egislative Hearing Officer of the
City Council and the Saint Paul City Council; and
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WHEREAS, the interested and responsible parties have been served notice in acwrdance
with the provisions of Chapter 45 of the Saint Paul Legislarive Code, of the time, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, May 16, 1995 to heaz 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 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 heazing was held before the Saint Paul City Council on Wednesday, May 24,
1995 and the testimony and evidence including the action taken by the Legislative Hearing Off'icer
was considered by the Council; now therefore
BE IT RESOLVED, that based upon the testnnony 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 450 Sherburne Avenue (rear house):
1. That the Subject Properry 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 conect the deficiencies ar 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 Properry which declares it to
be a nuisance condition subject to demolition.
7. ThaY this building has been routinely monrtored by the Vacant/Nuisance 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.
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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 the public peace, health, safety and welfaze 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
sizucture 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 withiu 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 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 tfie 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 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 L.egislative Code.
Requested by Department of:
Bye
Appx
By:
�' �� e ��/ .���-�.._
Form Approved by City Attorney
8,,: ���'�J�'�--�--� G/l���s
Approved by Mayor for Submission to
Council
BY� � ��5��
Adopted by Council: Date � �,
r
Adoption Certified by Council retary
�s ��"6'-�
DEPARTMENT/OfFICFJCOUNCIL �ATEINITIpTED GREEN SHEET N° 3 0 57 0
CANTACT PERSON & PHONE INITIALIDATE RIA Ty
�DFPARTMENTDIRECTOF CffYCAUNCIL �
Charles Votel 298-4153 ��r'N �pT'ATfOFNEV Zj 4/ � CINCLEflK
MUST BE ON CAUNqL AGENDA BV (DATE) p���n�� O BUDGET DIRECTOR � FIN. & MCaL SERVICES DIH.
OPOEB � ypyOR (OR ASSISTANn �
TOTAL # OF SIGNATUHE 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 450 Sherbume
RECAMMENDA7IONS: npprova (A) a Raject (R) PERSONAL SEHVICE CONTHACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_ PLANNINCa CAMMISSION _ CIVI� SERVICE COMMI$$ION �� Has this person/firm ever worketl under a conhact for this department?
_ CIB COMMITTEE VES NO
_ S7AFF 2. Has this person/firm ever been a city employee?
— YES NO
_ DISTRIC7 CAURT _ 3. Does this person/firm possBSS a skill not normally possessed
by any curreni ciry employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explain all yes anawers on separete sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPP�flTUNIN (WIw, 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 0£ 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 450 Sherburne Avenue (rear house) by April 17, 1995, and
have failed to comply with those orders.
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ADVANTAGES IFAPPFOVED: � - - - � 1,f
�e city will eliminate a nuisance. ��° o� 1995 R�CEI Y��
���r��F�_�°� cF�e°€�°�� 3��i� �6 1995
C4TY ATTORN��f
_DISAUVAN79GESIFAPPPOYED___ -. -- - — - --�---
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.
DISADVANTAGES IF NOTAPPROVED:
A nuisance condition will remain unabated in the City. This buildingis) will continue to
blight the community.
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�iRY �° � ��95
$4,000 - $6,000 �""-� �
TOTAL AMOUNT OF TRANSACiION S COS7/REVENUE BUDGETEU (CIfiCLE ONE) YES NO
Nuisance Housing Abatement 33261
FUNDING SOURCE ACTIVI7Y NUMBER
FINANCIAL INFORMATION: (E%PLAIN)
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LEGISLATIVE HEARINGS
May 16,1995
Gerry Strathman
Legislative Hearing
Officer
1. Resolution ordering the owner to remove or repair the referenced building, located at
1035 Carroll 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 6 months to complete
rehabilitation, contingent on her obtaining the code compliance inspection and
appropriate bonds by the May 24 Council meeting.
� Resolution ordering the owner to remove or repair the referenced building, located at
450 Sherburne Ave, rear house.
Legislative Hearing Oflicer recommends allowing t6e owner 6 months to complete
rehabilitation, contingent on her obtaining the code compliance inspection and
appropriate bonds by the May 24 Council meeting.
3: Resolution ratifying assessment of benefits, cost and expenses for summary abatements for the
following:
* File 79505TDBC Summary Abatements (Property Clean-Up from Mid-September to
Nfid-November 1994.
* File 79504B - Boazdings-up of vacant buildings for September 1994.
* File 79SOSB - Boardings-up of vacant buildings for October 1994.
* File 795041C - Added expense to previous demolition at 934 Selby Avenue
* File J9505C - Demolition of vacant buildings for February 1995.
* File J95051B - Boardings-up of vacant buildings for November 1994
* File J95041B - Boardings-up of vacant buildings for December 1994
* File 795052B - Boardings-up of vacant buildings for January 1995
* File 79505A - Summary Abatements (Property Clean-up snow removal and/or sanding
walks) for January and February 1995
Legislative Hearing Officer recommends approval with the following eaceptions:
1555 Maryland Avenue E(J9505B) delete assessment
1629-1633 - 7th Street W(J9505B) reduce assessment from $712 to $240
1722 Summit (J9505A) delete assessment
52 Geranium W(J95052B) to be laid over to June 6 Legislative Hearings
4. Resolution ratifying assessment of benefits, cost and e�enses for summary abatements for the
following
* File 79503A4 - Laid over summary abatements. Summary Abatement (Properly clean-up
from August to December 1994
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CITY OF SAINT PAUL
Nornt Coleman, Mayor
April 21, 1995
SAINT PAUL PUBLIC HEALTH r
Nea[ Holtan, M.D., M.P.H., Direttor 9e� ��6 ��
NUISANCE BUIIDINGS CODE 6I2-298-4153
ENFORCENENf
555 Cedar Street
SaintPauL, MN55701-2260
NOTICE OF PUBLIC HEARINGS
Councii President and
Members of the City Council
RP� � �. i?��
Saint Paui Public Health, VacanUNuisance Buildings 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:
450 Sherburne Avenue (rear house)
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, May 16, 1995
City Council Hearing - Wednesday, May 24, 1995
'The owners and responsible parties of record are:
Name and Last Known Address
Lake Elmo Bank
11465 39th Street No.
Lake Elmo, MN 55042-9586
Interest
Fee Owner
c10 R. Smaller
Roosevelt Scott
800 Hague Avenue (lst Floor)
St. Paul, MN 55104
Scott W. & Marla J. Rostron
1778 Onacrest Curve
Maplewood, Mn 55117-2344
Dawn Young
2533 7th Avenue East (Office C)
North Saint Paul, MN 55109
Contract for Deed Holder
Contract for Deed Holder
Property Management
. . �s_s a--
450 Sherbume Avenue (reaz house)
April 21, 1995
Pa�e 2
The legal description of this property is:
L,ot 28, Block 15, Smith's Subdivision of Blocks 9, 10, 15 and 16 Stinson's
Division of the Northwest Quarter of Section 36, Township 29, Range 23.
City of Saint Paul Public Health has declared 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 community contiaues 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,
�� F
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, f� ! � tY C/ P=�'
Charles A. Votel
Program Supervisor
Housing Code Enforcement Programs
Saint Paul Public Heaith
CAV:mI
cc: Jan Gasterland, BuildinQ 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