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94-1259 ORIGINAL Council File # 99 Green Sheet 1 / go3g RESOLUTION CITY OF S INT PAUL, MINNESOTA Presented By - 4 Referred To Committee: Date WHEREAS, Saint Paul Public Heal has requested the City Council to hold public hearings to consider the advisability and necessity of o '• eying the repair or wrecking and removal of a two story asbestos siding dwelling located on propert ' hereinafter referred to as the "Subject Property" and commonly known as 883 Clark Street. Thi property is legally described as follows, to wit: The Southerly 37 feet of Lot 9, B1 k 6, Edmund Rices First Addition to St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Health on or • efore June 15, 1994, the following are the now known interested or responsible parties for the Sub : t Property: Evelyn Oberg, 26 Lee Street, Forest Lake, MN 55025. Duane G. Oberg, 8955 North Shore Trail, Forest Lake, MN 55025. WHEREAS, Saint Paul Public Heal has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order id:' tilled as an "Order to Abate Nuisance Building(s)" dated June 8, 1994; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisanc building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible nsible parties that they m Po p y ust repair or demolish the structure located on the Subjec Property by July 8, 1994; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance conditio subject to demolition; and WHEREAS, this nuisance condition as not been corrected and Saint Paul Public Health requested that the City Clerk schedule public hearings • efore the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and respo sible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul - gislative Code, of the time, date, place and purpose of the public hearings; and WHEREAS, a hearing was held befo e the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, August 16, 1994 to h- testimony and evidence, and after receiving testimony and evidence, made the recommendation to appri ve the request to order the interested or responsible parties to make the Subject Property safe and not detri ental to the public peace, health, safety and welfare and remove its blighting influence on the commu ity by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the al - rnative by demolishing and removing the structure in accordance with all applicable codes and ord ances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the •1 to of the Council Hearing; and 9 ORIGINAL WHEREAS, a hearing was held bef ire the Saint Paul City Council on Wednesday, August 10, 1994 and the testimony and evidence including action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upo the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Counci hereby adopts the following Findings and Order concerning the Subject Property at 883 Clark Street: 1. That the Subject Property co prises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition d removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00) 3. That there now exists and ha existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nui ce Building(s) was sent to the then known responsible parties to correct the deficiencies or o demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has post a placard on the Subject Property which declares it to be a nuisance condition subject to ; I emolition. 7. That this building has been r utinely 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 requirem nts of Chapter 45 have been fulfilled. ORD The Saint Paul City Council hereby makes the following order: 1. The above referenced interested or sponsible parties shall make the Subject Property safe and not detrimental to the public peace, h . 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 Nuisanc . Building(s) in accordance with all applicable codes and ordinances, or in the alternative by iemolishing and removing the structure in accordance with all applicable codes and ordinances. T e rehabilitation or demolition and removal of the structure must be completed within fifteen (15) da after the date of the Council Hearing. 2. If the above corrective action is not ompleted 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 t 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. G N 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 whLh interfere with the demolition and removal shall be removed from the property by the responsibld parties by the end of this time period. If all peiional 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 ;his resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Yps Nava Abpent Requested by Department of: Blakey Grimm Guerin Harris 1/ Megqard Thune By: 7 Adopted by Council: D- AUG 4 Form Approved by City Attorney Adopt' Certifi p!n Secretary By: 40J ' Z f'-fL By: ;,) / ! Approved, by ayor for Submission to I .r Council Approved b Nayor: Date By: 7 f • DEPARTMENT/OFFICE /COUNCIL DAT: INITIATED GREEN � � � � � � ET Public Health 07-2'-9 l� d � 90 3 9 4 CON P @RSON P ON INITIAL/DATE INITIAL/DATE — I Caidrle8 �oei 298 -4153 DEPARTMENT DIRECTOR CITY COUNCIL ( )1 NU N ER FOR NU G,CITY ATTORNEY ?SA 4 CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) RO ING ❑' BUDGET DIRECTOR FIN. & MGT. SERVICES DIR. August 24, 1994 OR R Z1 MAYOR (OR ASSISTANT) TOTAL # OF SIGNATURE PAGES 1 (CLI • LL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: City Council to pass this resolution hich will order the owner(s) to remove or repair the referenced building(s). If the owne fails to comply with the resolution, Public Health is ordered to remove the building. he subject property is located at 883 Clark Street. RECOMMENDATIONS: Approve (A) or Reject (R) P RSONAL 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? CIS COMMITTEE YES NO 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 E • lain 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 build g(s) 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 know to the Enforcement Officer were given an order to repair or remove the building at 883 lark Street by July 8, 1994, and have failed to comply with those orders. RECEIVED ADVANTAGES IF APPROVED: JUL N 5 1994 The City will eliminate a nuisance. CITY ill ORNEY RECEIVED JUL 28 1994 JUL 2819'4 �pp��+pg YOfr'F O 9 DISADVANTAGES IF APPROVED: The City will spend funds to wreck a • remove this building(s). These costs will be assessed to the property, collected a special assessment against the property taxes. DISADVANTAGES IF NOT APPROVED: A nuisance condition will remain una• =ted in the City. This building(s) will continue to blight the community. TOTAL AMOUNT OF TRANSACTION $ S8, 000 - $10,00 I: COST /REVENUE BUDGETED (CIRCLE ONE) NO FUNDING SOURCE Nuisance Housin Abateme ACTIVITY NUMBER 33261 FINANCIAL INFORMATION: (EXPLAIN) i • LEGISLATIVE HEARINGS August 16, 1994 Gerry Strathman Legislative Hearing Officer 1. Resolution ratifying assessment of benefits, cost and expenses for summary abatements for the following: * Removal of Garage and CS ntents for Property at 865 Woodbridge (J9407A, 9605) * Property Clean -Up for April and May 1994 (J9408A, 9606) * Boardings -Up of Vacant 3uildings for February and March 1994 (J9407B, 9602) * Demolition of Vacant Buidings for April and May 1994 (J9407C, 9603) Legislative Hearing Officer recommends approval 2. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following: * Property Clean -Up and /or Snow Removal in the Thomas/Dale Area from January thru Mid -March for 410 B lair Avenue (J9406TDBC2, 9607) Legislative Hearing Officer tecommends approval . Resolution ordering the owner lo remove or repair the referenced building, located at 883 Clark Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer . - ecommends approval 4. Resolution ordering the owner lo remove or repair the referenced building, located at 854 Lawson Avenue East. If the )wner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends allowing the new owner, Diane Speten, 180 days to complete the rehabilitation of this building. SAINT PAUL PUBLIC HEALTH • Neal Holtan, M.D., M.P.H., Director SAINT • CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 612 - 298 -4153 PAU L Norm Coleman, Mayor ENFORCEMENT 555 Cedar Street Saint Paul, MN 55101 -2260 *AAA July 22, 1994 NOTICE 1F 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 hearin:. to consider a resolution ordering the repair or removal of the nuisance building(s) located a : 83 Clark Street The City Council has scheduled the I ate of these hearings as follows: Legislative H • ring - Tuesday, August 16, 1994 City Council He: ring - Wednesday, August 24, 1994 The owners and responsible parties 1 f record are: Name and Last Known Address Interest Evelyn Oberg Fee Owner 26 Lee Street Forest Lake, MN 55025 Duane G. Oberg Taxpayer 8955 North Shore Trail Forest Lake, Mn 55025 The legal description of this prope is: The Southerly 37 feet of Lo 9, Block 6, Edmund Rices First Addition to St. Paul. 883 Clark Street July 22, 1994 Page 2 • 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 riot been complied with the nuisance condition remains unabated, the community continues t0 suffer the blighting influence of this property. It is the recommendation of Public Health tha; the City Council pass a resolution ordering the responsible parties to either repair, o ; demolish and remove this building in a timely manner, and failing that, authorize Public Hey lth 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, A. fr J Charles A. Votel Program Supervisor Housing 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