94-1347 Council File # 9 - k3
O R l G I I �► nI A L Green Sheet #
RESOLUTION
CITY OF SAINT PAUL, MINNES • A 41
Presented By C
Referred To Committee: Date
1 WHEREAS, Saint Paul PubLc 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 and one half story wood frame dwelling located on property hereinafter referred to as the "Subject
4 Property" and commonly known as 909 Dayton Avenue. This property is legally described as
5 follows, to wit:
6
7 Lot 10, Block 1, Brown's First Addition to the City of Saint Paul.
8
9
10 WHEREAS, based upon the records in the Ramsey County Recorder's Office and
11 information obtained by Saint Paul Public Health on or before June 27, 1994, the following are the
12 now known interested or responsibl parties for the Subject Property: Princella Davis, 325 Laurel
13 Avenue Apt #613, St. Paul, MN 55102; Elijah Barker, 834 Charles Avenue, St. Paul, MN 55104;
14 Mark Flavahan, Attorney at Law, Southern Minnesota Regional Legal Services, 300 Minnesota
15 Building, 46 East Fourth Street, St. Paul, MN 55101; John E. Daubney, Atty at Law, 1010 Degree
16 of Honor Bldg., 325 Cedar Street, St. Paul, MN 55101 -1012.
17
18
19 WHEREAS, Saint Paul Public Health has served in accordance with the provisions of
20 Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance
21 Building(s)" dated June 23, 1994; and
22
23
24 WHEREAS, this order informed the then known interested or responsible parties that the
25 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
26
27 WHEREAS, this order informed the interested or responsible parties that they must repair or
28 demolish the structure located on the Subject Property by July 25, 1994; and
29
30 WHEREAS, the enforceme-rt officer has posted a placard on the Subject Property declaring
31 this building(s) to constitute a nuisance condition; subject to demolition; and
32
33 WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health
34 requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the
35 City Council and the Saint Paul City Council; and
36
37
38 WHEREAS, the interested and responsible parties have been served notice in accordance
39 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and
40 purpose of the public hearings; and
41
914_1399
ORIGINAL
1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
2 Council on Tuesday, September 6, 1994 to hear testimony and evidence, and after receiving
3 testimony and evidence, made the recommendation to approve the request to order the interested or
4 responsible parties to make the Subject Property safe and not detrimental to the public peace, health,
5 safety and welfare and remove its blighting influence on the community by rehabilitating this
6 structure in accordance with all applicable codes and ordinances, gr in the alternative by
7 demolishing and removing the structure in accordance with all applicable codes and ordinances.
8 The rehabilitation or demolition of he structure to be completed within fifteen (15) days after the
9 date of the Council Hearing; and
10
11 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday,
12 September 14, 1994
13 and the testimony and evidence including the action taken by the Legislative Hearing Officer was
14 considered by the Council; now therefore
15
16 BE IT RESOLVED, that based upon the testimony and evidence presented at the above
17 referenced public hearings, the Sairt Paul City Council hereby adopts the following Findings and
18 Order concerning the Subject Property at 909 Dayton Avenue:
19
20 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul
21 Legislative Code, Chapter 45.
22
23 2. That the costs of demolition and removal of this building(s) is estimated to exceed
24 three thousand dollar> ($3,000.00).
25
26 3. That there now exists and has existed multiple Housing or Building code violations at
27 the Subject Property.
28
29 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible
30 parties to correct the deficiencies or to demolish and remove the building(s).
31
32 5. That the deficiencies causing this nuisance condition have not been corrected.
33
34 6. That Public Health h is posted a placard on the Subject Property which declares it to
35 be a nuisance condition subject to demolition.
36
37 7. That this building ha; been routinely monitored by the Vacant/Nuisance Buildings
38 Code Enforcement P .ogram.
39
40 8. That the known interested parties and owners are as previously stated in this
41 resolution and that tl a notification requirements of Chapter 45 have been fulfilled.
42
43 ORDER
44
45 The Saint Paul City Council hereby makes the following order:
46
L
ORIGINAL
1 1. The above referenced interested or responsible parties shall make the Subject Property safe
2 and not detrimental to the public peace, health, safety and welfare and remove its blighting
3 influence on the community by rehabilitating this structure and correcting all deficiencies as
4 prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with
5 all applicable codes and ordinances, or in the alternative by demolishing and removing the
6 structure in accordance with all applicable codes and ordinances. The rehabilitation or
7 demolition and removal of the structure must be completed within fifteen (15) days after the
8 date of the Council Hearing.
9
10 2. If the above corrective action is not completed within this period of time the City of Saint
11 Paul, Public Health, Housing Code Enforcement Section is hereby authorized to take
12 whatever steps are necessary to demolish and remove this structure, fill the site and charge
13 the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of
14 the Saint Paul Legislative Code.
15
16 3. In the event the building is to be demolished and removed by the City of Saint Paul, all
17 personal property or fixtures of any kind which interfere with the demolition and removal
18 shall be removed from the property by the responsible parties by the end of this time period.
19 If all personal property is nct removed, it shall be considered to be abandoned and the City
20 of Saint Paul shall remove and dispose of such property as provided by law.
21
22 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested
23 parties in accordance with Chapter 45 of the Saint Paul Legislative Code.
Yea= Nays Atsent Requested by Department of:
Blakey
Grimm
Guerin
Harris
Me and y!
Reitman � / /
Thune By: r ' Z f� -c
0
Adopted by Council: Date � F t l l
(� Form Approved by City Attorney
)14 Adoption Certified by Council Secretary By: .t i- G✓ a
B y : V Approv by ayor for Submission to
Approved by M.' t: Date ey d� Count'
/ 1-- )
By: 04
By:
9 M - 1347
DEPARTMENT /OFFICE/COUNCIL DATE INITIATED T O 1 (1(1 A
CON P
Public Health 08- 2 -a4 GREEN SHEET 1 e90 `t
NE DEPARTMENT DIRECTOR C O ITIA T
cnar es &H v otel 298 -4153 p �
AS IIGN CITY ATTORNEY ei. �''(��r1h J C
NU NU IBER FOR
MUST BE ON COUNCIL AGENDA BY (DATE) ROJTING E BUDGET DIRECTOR I ^ I FIN. & MGT. SERVICES DIR.
September 14, 1994 ORDER 13 MAYOR (OR ASSISTANT)
TOTAL # OF SIGNATURE PAGES (CLI ) 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 Healtti
is ordered to remove the building. The subject property is located at 909 Dayton Avenue.
RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
PLANNING COMMISSION _ CIVIL SERVICE COMMISSION t Has this person /firm ever worked under a contract for this department?
- CIB COMMITTEE YES NO
. Has this person /firm ever been a city employee?
- STAFF YES NO
_DISTRICT COURT . 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, Wh):
This building(s) is a nuisance builling(s) as defined in Chapter 45 and a vacant building
as defined in Chapter 43 of the Saiit 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 904 Dayton Avenue by July 25, 1994, and have failed to
comply with those orders.
RECEIVED
ADVANTAGES IF APPROVED: AU U ` 5 1994 ftearch Center The City will eliminai u� sance , CITY A TTORNEY
C c ` t/ , ED CITY ATT e4Kin ORNEY
AUG a _ 9
JERRy BL AKEY
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 ti t taxes.
AUG 19 1994
DISADVANTAGES IF NOT APPROVED:
A nuisance condition will remain urabated in the City. This building(s) will continueto
blight the community.
TOTAL AMOUNT OF TRANSACTION $ S6,000 - $8,0( 0 COST /REVENUE BUDGETED (CIRCLE ONE) NO
FUNDING SOURCE Nuisance Housing Abater_ent ACTIVITY NUMBER 33261
FINANCIAL INFORMATION: (EXPLAIN)
*1
LE ISLATIVE HEARINGS
September 6, 1994
Gerry Strathman
Legislative Hearing
Officer
1. Resolution ratifying assessment of benefits, cost and expenses for summary abatements
for the following:
* Property Clean -Up for • I ril thru June, 1994 (J9409A)
* Property Clean -Up in he Thomas /Dale area from March to June, 1994,
(J9409TDBC)
* Demolition of Vacant B ;Wings for June and July, 1994 (J9409C)
Legislative Hearing Officer ecommends approval with the following exceptions:
payments for 852 Fuller to ' e spread out over ten years, and 1169 7th Street W.
to be deleted.
2. Resolution ordering the owner o remove or repair the referenced building, located at
547 Beaumont Street. If the o er fails to comply with the resolution, Public Health is
ordered to remove the building
Legislative Hearing Officer mil mends approval
3. Resolution ordering the owner o remove or repair the referenced building, located at
909 Dayton Avenue. If the o -r fails to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer rec i mends approval
4. Resolution ordering the owner II remove or repair the referenced building, located at
930 Marshall Avenue. If the o - r fails to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer reco mends allowing the owner, Shirley Fulford, 180 days
to complete the rehabilitation, c i ntingent on the posting of appropriate bonds by the
next Council meeting.
5. Resolution ordering the owner to remove or repair the referenced building, located at
502 Petit Street. If the owner fa ? s to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recol mends approval
6. Resolution ordering the owner t . remove or repair the referenced building, located at
759 Sherburne Avenue. If the o l er fails to comply with the resolution, Public Health
is ordered to remove the buildin .
Legislative Hearing Officer reco mends approval
SAINT PAUL PUBLIC HEALTH
Neal Holtan, M.D., M.P.H., Director 1 - 1 7
SAINT CITY OF SAINT PAUL
PAUL NUISANCE BUILDINGS CODE 612- 298 -4133
Norm Coleman, Mayor EIVFORCEyEIVT
555 Cedar Street
Saint Paul, MN 55101 -2260
AAAA
mow
August 12, 1994
RECEIVED
AUG 161994
NOTICE OF PUBLIC HEARINGS CITY CLERK
Council President and
Members of the City Council
Saint Paul Public Health, Vacant/Ndsance 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 a.:
909 Dayton Avenue
The City Council has scheduled the date of these hearings as follows:
Legislative Heating - Tuesday, September 6, 1994
City Council Heal ling - Wednesday, September 14, 1994
The owners and responsible parties 0)f record are:
Name and Last Known Address Interest
Princella Davis Fee Owner
325 Laurel Avenue, Apt #613
St. Paul, MN 55102
Elijah Barker Fee Owner
834 Charles Avenue
St. Paul, MN 55104
Mark Flavahan, Attorney at Law Interested /Party
Southern Minnesota Regional Legal Services Atty for Princella Davis
300 Minnesota Building
46 East Fourth Street
St. Paul, MN 55101
cif'
909 Dayton Avenue
August 12, 1994
Page 2
Name and Last Known Address Interest
John E. Daubney, Atty at Law Interested /Party
1010 Degree of Honor Bldg. Atty for Elijah Barker
325 Cedar Street
St. Paul, MN 55101 -1012
The legal description of this property is:
Lot 10, Block 1, Brown's First Addition to the City of 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 buil iing(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 H alth 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.
Sinc ely,
Charles A. Votel
Program Supervisor
Housing Code Enforcement Programs
Saint Paul Public Health
CAV:ml
cc: Jan Gasterland, Building In ipection and Design
Peter Warner, City Attorne /s Office
Nancy Anderson, Assistant Secretary to the Council
Steve Zaccard, Fire Marshall
Dan Pahl, PED- Housing D vision