94-1070 ORI:G
INAL Council File # ` � -/c 7d
�wy..e- J a g ' a L i Green Sheet # /g4
SOLUTION
CITY OF S T PAUL, MINNESOTA
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 two story wood
frame duplex located on property hereinafter referred to as the "Subject Property" and commonly known as
682 Fourth Street East. This property is legally described as follows, to wit:
Beginning at the Northwesterly corner of Block 33, Lyman Daytons Addition to the City of
Saint Paul; thence Southeasterly along the Northeasterly line of Maria Avenue 40 feet;
thence Northeasterly and parallel to Fourth Street 120 feet, more or less to the Northeasterly
line of Lot 13 in said Block 33; thence Northwesterly along the Northeasterly line of lots 13
and 14 in said Block 33 to the Southeasterly line of Fourth Street; thence Southwesterly
along the Southeasterly line of Fourth Street 120 feet more or less to the place of beginning,
being all of Lot 14 and a part of Lcit 13 in said Block 33 of Lyman Daytons Addition to the
City of Saint Paul.
WHEREAS, based upon the record in the Ramsey County Recorder's Office and information
obtained by Saint Paul Public Health on or before May 31, 1994, the following are the now known
interested or responsible parties for the Su 'ect Property: Elmer M. & Irene J. Boser, 2613 Gotild Gray
Road N., Brainerd, MN 56401 -7739; Ray Krueger, 327 Maple Street, St. Paul, MN 55106.
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 May
20, 1994; and
WHEREAS, this order informed th then known interested or responsible parties that the structure
located on the Subject Property is a nuisan ce 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 Subj t Property by June 20, 1994; and
WHEREAS, the enforcement offic r has posted a placard on the Subject Property declaring this
building(s) to constitute a nuisance conditi n; subject to demolition; and
WHEREAS, this nuisance conditio has not been corrected and Saint Paul Public Health requested
that the City Clerk schedule public hearin s before the Legislative Hearing Officer of the City Council and
the Saint Paul City Council; and
WHEREAS, the interested and res nsible parties have been served notice in accordance with the
provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the
public hearings; and
ORIGINAL
WHEREAS, a hearing was held be Ire the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, July 19, 1994 to h . testimony and evidence, and after receiving testimony and
evidence, made the recommendation to app ove the request to order the interested or responsible parties to
make the Subject Property safe and not det i'mental to the public peace, health, safety and welfare and
remove its blighting influence on the comm nity by rehabilitating this structure in accordance with all
applicable codes and ordinances, or in the . ternative by demolishing and removing the structure in
accordance with all applicable codes and o I inances. The rehabilitation or demolition of the structure to be
completed within €if .1) -day- after- - - date -e€ e -Gettnei1- Healing; done hundred eighty (180) days
continent on the filin: of a••ro•ri.te bonds after the date of the Council Hearing; and
WHEREAS, a hearing was held be ' . re the Saint Paul City Council on Wednesday, July 27, 1994
and the testimony and evidence including action taken by the Legislative Hearing Officer was
considered by the Council; now therefore 1
BE IT RESOLVED, that based upo the testimony and evidence presented at the above referenced
public hearings, the Saint Paul City Counc' hereby adopts the following Findings and Order concerning the
is
Subject Property at 682 Fourth Street Ea :
1. That the Subject Property co#nprises a nuisance condition as defined in Saint Paul Legislative
Code, Chapter 45.
2. That the costs of demolition and removal of this building(s) is estimated to exceed three
thousand dollars ($3,000.00).
3. That there now exists and h# existed multiple Housing or Building code violations at the
Subject Property.
4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties
to correct the deficiencies or to demolish and remove the building(s).
5. That the deficiencies causing this nuisance condition have not been corrected.
6. That Public Health has posted a placard on the Subject Property which declares it to be a
nuisance condition subject to demolition.
7. That this building has been thutinely monitored by the Vacant/Nuisance Buildings Code
Enforcement Program.
8. That the known interested p 'es and owners are as previously stated in this resolution and
that the notification require nts of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
7z7-7070
ORIGINAL
1. The above referenced interested or - sponsible parties shall make the Subject Property safe and not
detrimental to the public peace, h- . , safety and welfare and remove its blighting influence on the
community by rehabilitating this s cture and correcting all deficiencies as prescribed in the above
referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and
ordinances, or in the alternative by emolishing and removing the structure in accordance with all
applicable codes and ordinances. T r e rehabilitation or demolition and removal of the structure must
be completed within €fifteen- 04 }$a after - the- date-of-the-Cound - Hearing -one hundred eighty (180)
days contingent on the filing of ap.ro.riate bonds after the date of the Council hearing;
2 . f tie above corrective action is not ompleted within this period of time the City of Saint Paul,
Public Health, Housing Code Enfor' -ment Section is hereby authorized to take whatever steps are
necessary to demolish and remove i is structure, fill the site and charge the costs incurred against
the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code.
3. In the event the building is to be de olished and removed by the City of Saint Paul, all personal
property or fixtures of any kind wh' h interfere with the demolition and removal shall be removed
from the property by the responsibl parties by the end of this time period. If all personal property
is not removed, it shall be consider to be abandoned and the City of Saint Paul shall remove and
dispose of such property as provid by law.
4. It is further ordered, that a copy of is resolution be mailed to the owners and interested parties in
accordance with Chapter 45 of the aint Paul Legislative Code.
Yeas_ Nays Absent Requested by Department of:
Blakey
Grimm
Guerin
Harris
Megard /r 61-31--e-
-4 Reitman
Thune '$./. By:
6) Q t
Adopted by Council: Date ar� 1 l°�`� Form Approved by City Attorney
Adoption Certified by Council S etary By: 4 �.Z 6 YO Y 11 7 `7 c,
By: ,. i
��-��� Approved ayor for Submission to
Approved b o Date " aLir Counci
By: i , . / - ; /11,„ s _g2 BY -
1
1
DEPARTMENT /OFFICE /COUNCIL 06-2,-94 DATE 11 JITIATED GREEN SHEET N° 18493
Public Health
INITIAL/DATE INITIAL/DATE —
Ca tiangi l WW1 298_4153 En DEPARTMENT DIRECTOR E 4 1 CITY COUNCIL
CA /
ASSIGN CITY ATTORNEY 1 1 -1`1 n CITY CLERK
N OU1 1 G FOR
MUST BE ON COUNCIL. AGENDA BY (DATE) RGUTN ❑ BUDGET DIRECTOR 1 E FIN. & MGT. SERVICES DIR.
July 27, 1994 /r/, 4,#1 ORDER a MAYOR (OR ASSISTANT)
TOTAL # OF SIGNATURE PAGES (CLIP 4LL 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 682 Fourth Street
East.
RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
— PLANNING COMMISSION CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this department?
YES NO
CIB COMMITTEE 2. Has this person /firm ever been a city employee?
— STAFF YES NO
— DISTRICT COURT 3. Does this person/firm possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explain all yes answers on separate sheet and attach to green sheet •
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why)
This building(s) is a nuisance buildings) as defined in Chapter 45 and a vacant building
as defined in Chapter 43 of the Sain- 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 68? Fourth Street East by June 20, 1994, and have failed
to comply with those orders.
ADVANTAGES IF APPROVED:
The City will eliminate a nuisance. RECERASD
JUL 07 1994
9 YOR'S OFF
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.
DISADVANTAGES IF NOT APPROVED:
A nuisance condition will remain unsbated in the City. This building(s) will continue to
blight the community. Cater
c
JUL 0 8 1994
TOTAL AMOUNT OF TRANSACTION $ S8,000 - S10, 0 )0 COST /REVENUE BUDGETED (CIRCLE ONE) OYE NO
Nuisance Housing Abatem ant ACTIVITY NUMBER 33261
FUNDING SOURCE
FINANCIAL INFORMATION: (EXPLAIN)
/ C//6
6. Resolution ordering the owner t remove or repair the referenced building, located at
193 -197 Western Avenue North. f the owner fails to comply with the resolution, Public
Health is ordered to remove th building.
Legislative Hearing Officer commends approval
7. Summary Abatement Order - 63)-41 Dale Street North
Legislative Hearing Officer • commends denial of appeal
6 .,/ Resolution ordering the owner t . remove or repair the referenced building, located at
682 Fourth Street East. If the o er fails to comply with the resolution, Public Health
is ordered to remove the buildi g.
Legislative Hearing Officer r 'commends amending the resolution from 15 days to 180
days, contingent on the filin of appropriate bonds.
9. Resolution ordering the owner o remove or repair the referenced building, located at
246 Rose Avenue West. If the o er fails to comply with the resolution, Public Health
is ordered to remove the buildi g.
Legislative Hearing Officer ecommends approval
10. Resolution ordering the owner o remove or repair the referenced building, located at
666 Wells Street. If the owner ails to comply with the resolution, Public Health is
ordered to remove the buildin; .
Legislative Hearing Officer ecommends approval
11. Summary Abatement Appeal order - 592 Michigan
Legislative Hearing Officer recommends denial of appeal
SAINT PAUL PUBLIC HEALTH
Neal Holton, M.D., M.P.H., Director
A' N C1TY OF SAINT PAUL NUISANCE BUILDINGS CODE 612 - 298 -4153
d41 PAL ENFORCEMENT
Norm Coleman, Mayor 555 Cedar Street
Saint Paul, MN 55101 -2260
AAAA
Council Research Center
JUN 2 8 1994
June 24, 1994
NOTICE F PUBLIC HEARINGS
Council President and
Members of the City Council
Saint Paul Public Health, Vacant/Nu sance Buildings Enforcement Unit has requested the
City Council schedule public hearing. to consider a resolution ordering the repair or removal
of the nuisance building(s) located a
68 Fourth Street East
The City Council has scheduled the • ate of these hearings as follows:
Legislative earing - Tuesday, July 19, 1994
City Council earing - Wednesday, July 27, 1994
The owners and responsible parties of record are:
Name and Last Known Address Interest
Elmer M. & Irene J. Boser Fee Owner
2613 Gould Gray Road N.
Brainerd, MN 56401 -7739
Ray Krueger Owner - contract for deed holder
327 Maple Street
St. Paul, MN 55106
I
1
682 Fourth Street East
June 24, 1994
Page 2
1
The legal description of this property s:
Beginning at the Northwesterly corner of Block 33, Lyman Daytons Addition to
the City of Saint Paul; thence outheasterly along the Northeasterly line of
Maria Avenue 40 feet; thence ortheasterly and parallel to Fourth Street 120
feet, more or less to the North sterly line of Lot 13 in said Block 33; thence
Northwesterly along the North sterly line of lots 13 and 14 in said Block 33 to
the Southeasterly line of Fou Street; thence Southwesterly along the
Southeasterly line of Fourth S eet 120 feet more or less to the place of
beginning, being all of Lot 14 d a part of Lot 13 in said Block 33 of Lyman
Daytons Addition to the City f Saint Paul.
City of Saint Paul Public Health has eclared this building(s) to constitute a "nuisance" as
defined by Legislative Code, Chapte 45. Public Health has issued an order to the then
known responsible parties to elimina this nuisance condition by correcting the deficiencies
or by razing and removing this build ng(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues t suffer the blighting influence of this property. It is the
recommendation of Public Health th t the City Council pass a resolution ordering the
responsible parties to either repair, r demolish and remove this building in a timely manner,
and failing that, authorize Public H th to proceed to demolition and removal, and to assess
the costs incurred against the real es to as a special assessment to be collected in the same
manner as taxes.
Sin - ly,
Charles A. Votel
Program Supervisor
Housing Code Enforcement Programs
Saint Paul Public Health ,
CAV:ml
cc: Jan Gasterland, Building Ins tion and Design
Peter Warner, City Attorney Office
Nancy Anderson, Assistant ecretary to the Council
Steve Zaccard, Fire Marshal
Dan Pahl, PED- Housing Di 'sion