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94-1348 r � ORIGINAL Council File # 9' y -13 g Green Sheet # RESOLUTION CITY OF INT PA MINNESOTA SO Presented By a, Referred To ' Committee: Date 1 WHEREAS, Saint Paul Publ Health has requested the City Council to hold public hearings to 2 consider the advisability and necessi y of ordering the repair or wrecking and removal of a two story, 3 wood frame dwelling located on roperty hereinafter referred to as the "Subject Property" and 4 commonly known as 930 Marshall venue. This property is legally described as follows, to wit: 5 6 Lot 2, Block 1, Smith and T ylor's Addition to the City of St. Paul. 7 8 WHEREAS, based upon the ecords in the Ramsey County Recorder's Office and information 9 obtained by Saint Paul Public Heal on or before June 13, 1994, the following are the now known 10 interested or responsible parties for he Subject Property: Alphonse Smaller, 364 Farrington Avenue, 11 St. Paul, MN 55103; Shirley Fulfo d, 627 University Avenue #1, St. Paul, MN 55104. 12 13 WHEREAS, Saint Paul Publ Health has served in accordance with the provisions of Chapter 14 45 of the Saint Paul Legislative Cod an order identified as an "Order to Abate Nuisance Building(s)" 15 dated June 8, 1994; and 16 17 WHEREAS, this order info med the then known interested or responsible parties that the 18 structure located on the Subject Prod -rty is a nuisance building(s) pursuant to Chapter 45; and 19 20 WHEREAS, this order infor ed the interested or responsible parties that they must repair or 21 demolish the structure located on the Subject Property by July 8, 1994; and 22 23 WHEREAS, the enforcement • fficer has posted a placard on the Subject Property declaring this 24 building(s) to constitute a nuisance .•ndition; subject to demolition; and 25 26 WHEREAS, this nuisance • ndition has not been corrected and Saint Paul Public Health 27 requested that the City Clerk schedul; public hearings before the Legislative Hearing Officer of the City 28 Council and the Saint Paul City Cou cil; and 29 30 WHEREAS, the interested . • responsible parties have been served notice in accordance with 31 the provisions of Chapter 45 of the ' aint Paul Legislative Code, of the time, date, place and purpose 32 of the public hearings; and 33 ORIGINAL 94-131-tg 1 WHEREAS, a hearing was eld before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, September 6, 994 to hear testimony and evidence, and after receiving testimony 3 and evidence, made the recommen a tion to approve the request to order the interested or responsible 4 parties to make the Subject Proper „ safe and not detrimental to the public peace, health, safety and 5 welfare and remove its blighting nfluence on the community by rehabilitating this structure in 6 accordance with all applicable code and ordinances, a in the alternative by demolishing and removing 7 the structure in accordance with all : pplicable codes and ordinances. The rehabilitation 8 of the structure to be completed wi in fib after the date of the Council Hearinand 9 , e - c o„-1 e o 10 WHEREAS, a hearing was elcs • - atn • . utC i it on epter er --- 11 14, 1994 and the testimony and evi ' - nce including the action taken by the Legislative Hearing Officer 12 was considered by the Council; no therefore 13 14 BE IT RESOLVED, that eased upon the testimony and evidence presented at the above 15 referenced public hearings, the Sain Paul City Council hereby adopts the following Findings and Order 16 concerning the Subject Property at' 930 Marshall Avenue: 17 18 19 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul 20 Legislative Code, Ch pter 45. 21 22 2. That the costs of dem . lition and removal of this building(s) is estimated to exceed three 23 thousand dollars ($3,100.00). 24 25 3. That there now exists . nd has existed multiple Housing or Building code violations at the 26 Subject Property. 27 28 4. That an Order to Ab to Nuisance Building(s) was sent to the then known responsible 29 parties to correct the deficiencies or to demolish and remove the building(s). 30 31 5. That the deficiencies ausing this nuisance condition have not been corrected. 32 33 6. That Public Health h.. posted a placard on the Subject Property which declares it to be 34 a nuisance condition ubject to demolition. 35 36 7. That this building has been routinely monitored by the Vacant/Nuisance Buildings Code 37 Enforcement Progra 38 39 8. That the known inter: ted parties and owners are as previously stated in this resolution 40 and that the notificati , : n requirements of Chapter 45 have been fulfilled. 41 42 43 • ORIGJ\AL qLt-13La 1 ORDER 2 3 The Saint Paul City Council hereby makes the following order: 4 5 1. The above referenced interested or responsible parties shall make the Subject Property safe and 6 not detrimental to the public peace, health, safety and welfare and remove its blighting influence 7 on the community by rehabilitating this structure and correcting all deficiencies as prescribed 8 in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable 9 codes and ordinances, or im the alternative by demolishing and removing the structure in 10 accordance with all applicable codes and ordinances. T_e r-hh4bi1'ta 'aft, : dA ' • • • 11 removal of the structure mus be completed withi _��iTJ3i -- e sae s e Council 12 Hearing, 6k. '�1r.c. ncs4� o' aGy`�r pri��'a� b 13 r \ �m , f 14 2. If the above corrective action is not completed'lwithin this period of time the City of Saint Paul, 15 Public Health, Housing Codo Enforcement Section is hereby authorized to take whatever steps 16 are necessary to demolish ar'd remove this structure, fill the site and charge the costs incurred 17 against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul 18 Legislative Code. 19 20 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal 21 property or fixtures of any kind which interfere with the demolition and removal shall be 22 removed from the property by the responsible parties by the end of this time period. If all 23 personal property is not removed, it shall be considered to be abandoned and the City of Saint 24 Paul shall remove and dispooe of such property as provided by law. 25 26 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties 27 in accordance with Chapter 45 of the Saint Paul Legislative Code. Year Nays Alfsent Requested by Department of: Blakey ✓. Grimm ✓. Guerin Harris ✓ Megqard Reitman 2hune ✓ By: Cn U ,� 1 Form Approved by City Attorney Adopted by Council: Date e Adoption Certified by Council Secretary B Y: - c? G By: Appr•ve• •y May fo ss'on to Council Approved by M Date 7 2, Jc- BP By: 61 LI 7' 597 DEPARTMENT /OFFICE /COUNCIL DIrE INITIATED N? - Public Health 08-1,-54 GREEN SHEET l� 90 4 . CONTACT PERSON & PHONE ^ INITIAUDATE IAU T Charles VOtel 298 -4153 VV DEPARTMENT DIRECTOR CITY COUNCIL vA► AI�SIGN CITY ATTORNEY , CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) NI MBER FOR R•UTING BUDGET DIRECTOR 0 FIN. & MGT. SERVICES DIR. Septmeber 14, 1994 0 DER M (OR ASSISTANT) TOTAL # OF SIGNATURE PAGES 1 (CL P ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: City Council to pass this resolutior 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 h is ordered to remove the building. The subject property is located at 930 Marshall RECAfua bR11ONS: Approve (A) or Reject (R) s ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION _ CIVIL SERVICE COMMISSION • 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 I. Does this person /firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO ixplaln 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 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 93C Marshall Avenue by July 8, 1994, and have failed to comply with those orders. RECEIVED ADVANTAGES IF APPROVED: AUG 1994 The City will eliminate a fffp cou Fkisearch CITY ATTOliNEY AUG 2 2 AUG 1 9 1994 RECEIVED JERRy BLAKEy AUG 19 1994 DISADVANTAGES IF APPROVED: MAYOR'S FFi t. 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 uncoated in the City. This building(s) will continue to blight the community. • • TOTAL AMOUNT OF TRANSACTION $ $7, 000 - $9,000 COST /REVENUE BUDGETED (CIRCLE ONE) NOES NO FUNDING SOURCE Nuisance Housing Abatement ACTIVITY NUMBER 33261 • FINANCIAL INFORMATION: (EXPLAIN) 1 i SAINT PAUL PUBLIC HEALTH Neal Hoban, M.D., M.P.X., Director 14- 1 5 9C SAINT CITY OF SAINT PAUL PAUL NUISANCE BUILDINGS CODE 612-2984153 Norm Coleman, Mayor ENFORCEMENT 555 Cedar Street Saint Paul, MN 55101 -2260 AMA RECEIVED AUG 161994 August 12, 1994 CITY CLERK 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 930 Marshall Avenue The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, September 6, 1994 City Council Hearing - Wednesday, September 14, 1994 The owners and responsible parties of record are: Name and Last Known Address Interest Alphonse Smaller Owner 364 Farrington Avenue St. Paul, MN 55103 Shirley Fulford Owner /Taxpayer 627 University Avenue #1 St. Paul, MN 55104 • 1L( I 930 Marshall Avenue August 12, 1994 Page 2 The legal description of this propert is: Smith and Taylor's Addition o The City of St. Paul Lot 2 Blk 1 City of Saint Paul Public Health has leclared 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 of 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. the City Council pass a resolution ordering the responsible parties to either repair, • 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. Sincerely, F Charles A. Votel Program Supervisor Housing Code Enforcement Program Saint Paul Public Health CAV :ml cc: Jan Gasterland, Building Ins. tion and Design Peter Warner, City Attorneys • ffice Nancy Anderson, Assistant S- retary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED- Housing Divi on 01 -93 LE ISLATIVE HEARINGS September 6, 1994 Gerry Strathman Legislative Hearing Officer 1. Resolution ratifying assessment • f benefits, cost and expenses for summary abatements for the following: * Property Clean -Up for • iril thru June, 1994 (J9409A) * Property Clean -Up in he Thomas /Dale area from March to June, 1994, (J9409TDBC) * Demolition of Vacant B ildings for June and July, 1994 (J9409C) Legislative Hearing Officer ecommends approval with the following exceptions: payments for 852 Fuller to I 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 reci mmends approval 3. Resolution ordering the owner o remove or repair the referenced building, located at 909 Dayton Avenue. If the o ler fails to comply with the resolution, Public Health is ordered to remove the building Legislative Hearing Officer rec ' mmends approval 4. Resolution ordering the owner o remove or repair the referenced building, located at 930 Marshall Avenue. If the o ,er fails to comply with the resolution, Public Health is ordered to remove the building Legislative Hearing Officer rec i mmends allowing the owner, Shirley Fulford, 180 days to complete the rehabilitation, ontingent on the posting of appropriate bonds by the next Council meeting. 5. Resolution ordering the owner o remove or repair the referenced building, located at 502 Petit Street. If the owner f. as to comply with the resolution, Public Health is ordered to remove the building Legislative Hearing Officer rec ' mmends approval 6. Resolution ordering the owner t i remove or repair the referenced building, located at 759 Sherburne Avenue. If the o er fails to comply with the resolution, Public Health is ordered to remove the buildi g. Legislative Hearing Officer reco mends approval