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95-1520 Council File # Green Sheet # 331,0 9 RESOLUTION CITY OF S INT PAUL, MINNESOTA 4 Presented By jy - Referred To Committee: Date F . 1 WHEREAS, Saint Paul Public Health has requested the City Council to hold public hearings 2 to consider the advisability and necessity of ordering the repair or wrecking and removal of a two - 3 story, wood frame dwelling located on property hereinafter referred to as the "Subject Property" and 4 commonly known as 176 Maple Street. This property is legally described as follows, to wit: 5 6 Lot 15, Greenleaf Clarke's Subdivision of Block 69, Lyman Dayton's Addition to 7 Saint Paul. 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 October 17 1995, the following are 11 the now known interested or responsible parties for the Subject Property: Elaine M. & Arnold C. 12 Pribble, 589 Watercrest Lane, Eagle, ID 83616 -5952; Mellon Mortgage Company, 3100 Travis 13 Street, Houston, TX 77006; Heritage Preservation District, 310 Lowry Professional Bldg., 14 350 St. Peter Street, St. Paul, Mn 55102, Attn: Aaron Rubenstein/LIEP. 15 16 WHEREAS, Saint Paul Public Health has served in accordance with the provisions of 17 Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance 18 Building(s)" dated October 16, 1995; and 19 20 WHEREAS, this order informed the then known interested or responsible parties that the 21 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 22 23 WHEREAS, this order informed the interested or responsible parties that they must repair or 24 demolish the structure located on the Subject Property by November 15, 1995; and 25 26 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 27 this building(s) to constitute a nuisance condition; subject to demolition; and 28 29 WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health 30 requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the 31 City Council and the Saint Paul City Council; and 32 33 WHEREAS, the interested and responsible parties have been served notice in accordance 34 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and 35 purpose of the public hearings; and 36 37 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City 38 Council on Tuesday, December 19, 1995 to hear testimony and evidence, and after receiving 39 testimony and evidence, made the recommendation to approve the request to order the interested or 40 responsible parties to make the Subject Property safe and not detrimental to the public peace, health, 41 safety and welfare and remove its blighting influence on the community by rehabilitating this 42 structure in accordance with all applicable codes and ordinances, or in the alternative by 43 demolishing and removing the structure in accordance with all applicable codes and ordinances. 9s -/s0 p. zof 3 1 The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the 2 date of the Council Hearing; and 3 4 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, 5 December 27, 1995 and the testimony and evidence including the action taken by the Legislative 6 Hearing Officer was considered by the Council; now therefore 7 8 BE IT RESOLVED, that based upon the testimony and evidence presented at the above 9 referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and 10 Order concerning the Subject Property at 176 Maple Street: 11 12 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul 13 Legislative Code, Chapter 45. 14 15 2. That the costs of demolition and removal of this building(s) is estimated to exceed 16 three thousand dollars ($3,000.00). 17 18 3. That there now exists and has existed multiple Housing or Building code violations at 19 the Subject Property. 20 21 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible 22 parties to correct the deficiencies or to demolish and remove the building(s). 23 24 5. That the deficiencies causing this nuisance condition have not been corrected. 25 26 6. That Public Health has posted a placard on the Subject Property which declares it to 27 be a nuisance condition subject to demolition. 28 29 7. That this building has been routinely monitored by the Vacant /Nuisance Buildings 30 Code Enforcement Program. 31 32 8. That the known interested parties and owners are as previously stated in this 33 resolution and that the notification requirements of Chapter 45 have been fulfilled. 34 35 ORDER 36 37 The Saint Paul City Council hereby makes the following order: 38 39 1. The above referenced interested or responsible parties shall make the Subject Property safe 40 and not detrimental to the public peace, health, safety and welfare and remove its blighting 41 influence on the community by rehabilitating this structure and correcting all deficiencies as 42 prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with 43 all applicable codes and ordinances, or in the alternative by demolishing and removing the 44 structure in accordance with all applicable codes and ordinances. The rehabilitation or 45 demolition and removal of the structure must be completed within fifteen (15) days after the 46 date of the Council Hearing. � p 3 g 3 /3".0V 1 2. If the above corrective action is not completed within this period of time the City of Saint 2 Paul, Public Health, Housing Code Enforcement Section is hereby authorized to take 3 whatever steps are necessary to demolish and remove this structure, fill the site and charge 4 the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of 5 the Saint Paul Legislative Code. 6 7 3. In the event the building is to be demolished and removed by the City of Saint Paul, all 8 personal property or fixtures of any kind which interfere with the demolition and removal 9 shall be removed from the property by the responsible parties by the end of this time period. 10 If all personal property is not removed, it shall be considered to be abandoned and the City 11 of Saint Paul shall remove and dispose of such property as provided by law. 12 13 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested 14 parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Yeah Nays Absent Requested by Department of: Blakey Grimm ✓ Guerin Harris Megard Rettman ✓ Thune ✓ By: 7 Form Approved by City Attorney Adopted by Co cil: D- e 9S Adoption Certified A, it Secretary By: ,„:40e: _ B y _ - Approved by Mayor for Submission to Approved by . or: Date / Council By: L 44,14 By: C.914. .��Z�� / DEPARTMENT/OFFICE/COUNCIL DATE INmATED 1\1° 3 3 8 5 9i Public Health 11-20-95 GREEN SHEET Charles Votel 298 -4153 DEPARTMENT DIRECTOR INITIAL/DATE CITY COUNCIL INmAI/DTE ANN CITY ATTORNEY CITY CLERK MUST Be ON COUNCIL AGENDA BY (DATE) NUMBER ROUTING BUDGET DIRECTOR ❑ FIN. & MGT. SERVICES DIR. December 27, 1995 ORDER MAYOR (OR ASSISTANT) ❑ TOTAL # OF SIGNATURE PAGES ' (CUP ALL. LOCATIONS FOR SIGNATURE) ACTION REQUESTED: 0 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 Healt)i is ordered to remove the building. The subject property is located at 176 Maple Street • RECOMMENDATIONS: Approve (A) or RAW (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING OUESTIONS: _ PLANNING COMMISSION ._ CIVIL SERVICE COMPASSION 1. Has thle psrsOMirm ever worked under a contrast for this dsp.rh ant? - - CIB COMMITTEE YES NO 2. Has this person/firm ever been a city employee? - STAFF YES NO - DISTRICT COURT 3. Does this person/firm possess • skill not normally possessed by any current city employes? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM. ISSUE. OPPORTUNITY (Who. What Who. When. 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 176 Maple Street by November 15, 1995, and have failed!to comply with those orders. ADVANTAGES IF APPROVED: The City will eliminate a nuisance. • 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. { DISADVANINGE8 IF NOT APPROVED: t A nuisance condition will remain unabated in the City. This building(s) will continue L blight the community. Council Research Center DEC - 5 1995 TOTAL AMOUNT OF TRANSACTION ` $ 5 , 000 - $ 6 , 000 COST /REVENUE BUDGETED (CIRCLE ONE) NO Nuisance Housing Abatement 33261 FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) • NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET II4STRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO 2664225). ROUTING ORDER: Below are correct routings for the five most frequent types of documents: CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. Budget Director 3. City Attorney 3. City Attorney 4. Mayor (for contracts over $15,000) 4. Mayor /Assistant 5. Human Rights (for contracts over $50,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS (Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. City Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. City Council 5. City Clerk 8. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS (all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES indicate the #of pages on which signatures are required and paperclip or flag each of these pages. ACTION REQUESTED Describe what the project/request seeks to accomplish In either chronologi- cal order or order of importance, whichever is most appropriate for the issue . Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s) your project/request supports by listing the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION), (SEE COMPLETE UST IN INSTRUCTIONAL MANUAL) PERSONAL SERVICE CONTRACTS: This information will be used to determine the c1tyls iiabildy for workers compensation claims, taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this project/action. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this project/request produce if it is passed (e.g., traffic delays, noise, tax increases or assessments)? To Whom? When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences 0 the promised action is not approved? Inability to deliver service? Continued high traffic, noise, accident rate? Loss of revenue? FINANCIAL. IMPACT Although you must tailor the information you provide here to the issue you are, addressing, in general you must answer two questions: How much is it going to cost? Who is going to pay? SAINT PAUL PUBLIC HEALTH 95 Neal Holtan. MD., M.P.H.. Director SAINT CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 612- 298 -4153 PAUL Norm Coleman, Mayor ENFORCEMENT 555 Cedar Street Saint Paul, MV 55101 -2260 AAAA ammo I313 i tiEt ar November 22, 1995 NOV 2 9 1995 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paul Public Health, Vacant/Nuisance 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: 176 Maple Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, December 19, 1995 City Council Hearing - Wednesday, December 27, 1995 The owners and responsible parties of record are: Name and Last Known Address Interest Elaine M. & Arnold C. Pribble Fee Owner 589 Watercrest Lane Eagle, ID 83616 -5952 Mellon Mortgage Company Mortgagee 3100 Travis Street Houston, TX 77066 Heritage Preservation District Heritage Preservation 310 Lowry Professional Bldg. 350 St. Peter Street St. Paul, Mn 55102 Attn: Aaron Rubenstein/LIEP • ys - - ,sue 176 Maple Street November 22, 1995 Page 2 The legal description of this property is: Lot 15, Greenleaf Clarke's Subdivision of Block 69, Lyman Dayton's Addition to Saint Paul. 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 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 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, e t 4 ee l it ketd Charles A. Votel Program Supervisor Code Enforcement Programs Saint Paul Public Health CAV:ml cc: Jan Gasterland, Building 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