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95-711�M�N��-��a�iq� 0 R I G I N A L Council File # 7� 7 /� Green Sheet # 30531 Presented By RESOLUTION CITY O� SAINT PAUL, MINNESOTA 3,3 Referred To Committee: Date 1 ' � � 2 WHEREAS, Saint Paul Public Health has requested the Ciry Council to hold public hearings 3 to consider the advisability and necessity of ordering the repair or wrecking and removal of a two- 4 story, wood frame dwelling and detached garage located on properry hereanafter refened to as the 5 "Subject Property" and commonly known as 1116 Suburban Avenue. This property is legally 6 described as follows, to wit: 7 8 That part of L.ot 13, Block 30, Suburban Hills lying West of Hester Street, Except the 9 South 144 1/2 feet thereof. � 10 11 WHEREAS, based upon the records in the Ramsey Counry Recorder's Office and 12 information obtained by Saint Paul Public Health on or before Apri120, 1995, the following are the 13 now known interested or responsible parties for the Subject Property: Robert W. Brisbin, 1055 14 Oxford Street North, St. Paul, MN 55103-1247; Dorothy Brisbin, 628 West Brucker Street, 15 Medford, WI 54451. 16 17 WHEREAS, Saint Paul Public Health has served in accordance with the provisions of 18 Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance 19 Building(s)" dated April 17, 1995; and 20 21 WHEREAS, this order informed the then known interested or responsible parties that the 22 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 23 24 WHEREAS, this order informed the interested or responsible parties that they must repair or 25 demolish the structure located on the Subject Property by May 17, 1995; and 26 2� WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring 28 this building(s) to constitute a nuisance condition; subject to demolition; and 29 30 WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health 31 requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the 32 City Council and the Saint Paul City Council; and 33 34 WHEREAS, the interested and responsible parties have been served notice in accordance 35 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and 36 purpose of the public hearings; and 37 �i5 7l/ OR1GfNAL p.2�� WFIEREAS, a hearing was held before the Legislauve Hearing Officer of ffie Saint Paul City Council on Tuesday, June 20, 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 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 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� after the date of the Council Hearing; and s;,c C6 rror�t-, cor ��s..t- �,. p d s+; ,. -}�.� ��p��op�; ��. Q� b., sh�. 'r„�e a�, �ngs c: c�u WHEREAS, a hearing was held before the Saint Paul City CouncIl on Wednesday, June 2� 1995 and the testimony 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 5ubject Property at 1116 Suburban Avenue: 1. That the Subject Properry comprises a nuisance condition as defined in SainC 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 violadons at the Subject Properry. 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 conected. 6. That Public Health has posted a placard on the Subject Properiy which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitared by the Vacant/Nuisance Buildings Code Enforcement Program. 8. That the known interested part9es and ownezs are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. •�� The Saint Paul City Council hereby makes the following order: QRlGI�lAL � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 qs �ri p. �� 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 altemarive by demolishing and removing the shucture in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed withinfi#t��x� after the date of the Council Hearing. S` X��''�`°"`}�s 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 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 City of Saint Paul, all personal properiy 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 sha11 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 I.egislative Code. Requested by Department of: By: Approved Ma�dr: Date 1/l � !J� �e� ��/�� By: p��wL��` $ � �.r��E�-�- Form Approved by City Attorney By: �0 �li✓�, Approved by Mayor for Submission to Council sy: � " � " .t1�� Adopted by Council: Date „_,. 3$ 1 Adoption Certified by Counci Secretary 9� �i� ,� OEPARTMENT/p�ICFJCOUNCIL OATE INR4ITED �� 3 0 5 31 P�� Health 5-26 95 GREEN SHEET _ CONTACTPEASONBPHONE OEPARTMENTDIRECfOfi CINCAUNpL �NmaJDATE Charles Votel 298-4153 �� CRY ATTORNEY � - CITY CLER7C NUYBERFOP MUST 0E ON COUNCIL AGENOA BY (DA'f� p��N� BIJ�GET OIRECTOR � FlN. & MGT. SEflVICES Dlq. Jlllle 2$� 1995 / ONDEN r`^�} MAYOR (OFi ASSISTANT) � J .L� TOTAL # OF SIGNATURE PAGES _�_ (CLIP ALL LOCATIONS FOR SIGNATURE) AGTION FEQUESTED: 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 Che resolution, Public Aealth is ordered to remove the building. The subject property is located at 1116 Suburban Avenue_ RECAMMENDa7lONS: Approve (A) rn Fleject (R) PERS�NAL SERYICE C�NTRACTS MUST ANSWER THE FUUAWLNG QUESTIONS: _ PIANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this parson/firm ever worketl untler a coMract for this department? _ CIB COMMR7EE _ YES NO � STAFF 2. Has this personffirm ever been a city employee? — YES NO _ DIS7AIC7 COUR7 _ 3. Ooes this parsonttirm possess a skill not normally possessfld by any curreni ciry employee? SUPPORTSWHICHCOUNCILO&IECfIVE? YES NO Explain all yes answers on seperate aheet and attaeh to green sheet INfI'IATING PflOBLEM ISSUE, OPPORTUNIN�Who.,Whet. Whan, Where� WM1 ); This builc�ingis) is a nuisance builc�ing�s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the 5aint 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 1116 Suburban Avenue by May 17, 1995, and have failed to comply with those orders. • � 19�� ADVANTAGES IFAPPROVED: \ � ' . The City will eliminate a nuisance. J ' ' " �� U�i 13 1995 NIAYt��'u OFFICE �ISADVANTAGES IFAPPROVED: The City will spend funds to wreck and remove this building(s). These costs will be . assessed to_the property, collecbed as a special assessment against the property taxes. ois � ovn nuisance conc�iEion will remain unabated in the City. This buildingls) will continue to blight the community. $5,000 - $7,000 TOTAL AMOUNi OF TR�S/�1�T COST/REVENUE BUDGETF�O ONE) YES NO FUNDIHG SOUflCE ACTIVITY NUMBER FINANCIAL INFORMATION. (EXPLAIN) SAINT YAUL PUBLIC HEALTEt Neal Hokan, M.D., M.P.K, Director Q��/// I / � C�`Y QF' '�]�f p[�� NUfSANCE BUILDINGS CODE 612-2984153 Norm Coleman, Mayor ENFORCEMEM 555 Ccdar Street Saint Pa¢!. MN SSZOI-226Q � �'_�c,''.�.�t ?.�� i t E+�4'?5.5� May 26, 1995 ��.f � � T��r� NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paul 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: 1116 Suburban Avenue The City Councii has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, June 20, 1995 City Council Hearing - Wednesday, June 28, 1995 The owners and responsible parties of record are: Name and Last Known Address Robert W. Brisbin 1055 Oxford Sueet North St. Paul, MN 55103-1247 Interest Fee Owner Darothy Brisbin 628 West Brucker Street _ Medford, WT 54451 The legal description of this property is: Creditor That part of Lot 13, B1ock 30, Suburban Hills lying West of Hester Street, Except the South 144 1/2 feet thereof. City of Saint Paui Public Health has deciared this building(s) to constitute a"nuisance" as defined by I�gislative 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). q5:�ri 1116 Suburban Avenue D4ay 26, 1995 Page 2 Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the communiry continues to suffer ihe blighting influence of this property. It is the recommendation of Public Health that the Ciry Council pass a resolution ordering the responsibie 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, :� � � � � �.. ��. K��' _, '".' ° Charles A. Votel Program Supervisor Housing Code Enforcement Programs Saint Paul Public Health CAV:mI cc: Jan Gasterland, Building Inspection and Design Peter Warner, City Attorneys Office Nancy Anderson, Assistant Secreta*y to the Council Steve Zaccard, Fize Marshali Dan Paht, PED-Housing Division 01-93 , COMMITTEE REPORT " � �(/ LEGISLATIVE HEARIlVGS Wednesday, June 20, 1995 10:00 a.m. Room 330 City Hall Gerry Strathman Legislative Aearing Officer Resolution ordering the owner to remove or repair the building located at 1160 Bush Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends approvai � Resolution ordering the owner to remove or repair the building located at 1 16 Suburban Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legistative Hearing Officer recommends allowing the owner six months to rehabilitate the building contingent on posting the appropriate bonds by the June 28 City Council Meeting 3. Resolution ordering the owner to remove or repair the building located at 66 Sycamore Avenue E. the owner fails to comply witfi the resolution, Public Health is ordered to remove the building. Legislative Hearing Of�cer recommends approval 4. Smnmary Abatement Order - 596 Desnoyer Avenue Legislative Aearing Officer recommends denying the appeal Suuimary Abatement Order - 1011 E. Sth Street Legislative Hearing Officer recommends denying the appeal 6. Summary Abatement Order - 603 Maryland Avenue E Legislative Hearing Officer recommends granting the appeal Summary Abatement Order - 820 Marvland Avenue W. Legislative Hearing Officer recommends denying the appeal Surumary Abatement Order - 1772 Palace Avenue Legislative Hearing Of�cer recommends denying the appeal 9. Summary Abatement Order - 988 Reaney Avenue Legislative Hearing Officer recommends denying the appeal