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94-1350 ORIGINAL Council File # 14 - I S Green Sheet # sa SOLUTION CITY OF S 'INT PAUL, MINNESOTA i Presented By 1, Referred To Committee: Date 1 WHEREAS, Saint Paul Publi• Health has requested the City Council to hold public hearings 2 to consider the advisability and neces ity of ordering the repair or wrecking and removal of a two 3 story duplex dwelling located on pro .'-rty hereinafter referred to as the "Subject Property" and 4 commonly known as 774 Wells Stree . This property is legally described as follows, to wit: 5 6 The Westerly 15 feet of Lot 1 The Easterly 15 feet of Lot 2; Block 39, Schurmeier's 7 Subdivision of Blocks 38 & 3' of Arlington Hills Addition to St. Paul. 8 9 10 WHEREAS, based upon the r ords in the Ramsey County Recorder's Office and 11 information obtained by Saint Paul P I blic Health on or before June 17, 1994, the following are the 12 now known interested or responsible •arties for the Subject Property: Teddy L. Drevecky, 1280 13 Callahan Lane North, Boise, ID 83714-8075; James Swartwood, Blackwood Investment Inc., P.O. 14 Box 17255, Mpls., MN 55417 -0255 Seng Vang, 1139 Supomick Lane, St. Paul, MN 55106. 15 16 17 WHEREAS, Saint Paul Publi• Health has served in accordance with the provisions of 18 Chapter 45 of the Saint Paul Legislat e Code an order identified as an "Order to Abate Nuisance 19 Building(s)" dated June 28, 1994; an' 20 21 22 WHEREAS, this order infor -d the then known interested or responsible parties that the 23 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 24 25 26 WHEREAS, this order infor . the interested or responsible parties that they must repair or 27 demolish the structure located on the • ubject Property by July 28, 1994; and 28 29 30 WHEREAS, the enforcement 'fficer has posted a placard on the Subject Property declaring 31 this building(s) to constitute a nuisan.- condition; subject to demolition; and 32 33 34 WHEREAS, this nuisance co • ition has not been corrected and Saint Paul Public Health 35 requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the 36 City Council and the Saint Paul City ouncil; and 37 38 39 WHEREAS, the interested an responsible parties have been served notice in accordance 40 with the provisions of Chapter 45 of he Saint Paul Legislative Code, of the time, date, place and 41 , purpose of the public hearings; and • ORIGINAL 914-'s° 1 WHEREAS, a hearing was h: d before the Legislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, September 6, 1' 94 to hear testimony and evidence, and after receiving 3 testimony and evidence, made the r .. mmendation to approve the request to order the interested or 4 responsible parties to make the Subj - t Property safe and not detrimental to the public peace, health, 5 safety and welfare and remove its bli_hting influence on the community by rehabilitating this 6 structure in accordance with all appli able codes and ordinances, or in the alternative by 7 demolishing and removing the struct re in accordance with all applicable codes and ordinances. 8 The rehabilitation or demolition of structure to be completed within fifteen (15) days after the 9 date of the Council Hearing; and 10 11 WHEREAS, a hearing was h;ld before the Saint Paul City Council on Wednesday, 12 September 14, 1994 and the testimo and evidence including the action taken by the Legislative 13 Hearing Officer was considered by t e Council; now therefore 14 15 BE IT RESOLVED, that bas: • upon the testimony and evidence presented at the above 16 referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and 17 Order concerning the Subject Proper at 774 Wells Street: 18 19 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul 20 Legislative Code, Cha I ter 45. 21 22 2. That the costs of dem: lition and removal of this building(s) is estimated to exceed 23 three thousand dollars ($3,000.00). 24 25 3. That there now exists : nd has existed multiple Housing or Building code violations at 26 the Subject Property. 27 28 4. That an Order to Aba 1 Nuisance Building(s) was sent to the then known responsible 29 parties to correct the •efficiencies or to demolish and remove the building(s). 30 31 5. That the deficiencies • .using this nuisance condition have not been corrected. 32 33 6. That Public Health ha posted a placard on the Subject Property which declares it to 34 be a nuisance conditi• subject to demolition. 35 36 7. That this building has been routinely monitored by the Vacant/Nuisance Buildings 37 Code Enforcement Pri 38 39 8. That the known inter ted parties and owners are as previously stated in this 40 resolution and that th:' notification requirements of Chapter 45 have been fulfilled. 41 42 ORDER 43 44 The Saint Paul City Council ereby makes the following order: 45 46 ORIGINAL 9 LI - 1 S° 1 1. The above referenced interest • or responsible parties shall make the Subject Property safe 2 and not detrimental to the pu 81 is peace, health, safety and welfare and remove its blighting 3 influence on the community b rehabilitating this structure and correcting all deficiencies as 4 prescribed in the above refer ced Order to Abate Nuisance Building(s) in accordance with 5 all applicable codes and ordin . ces, or in the alternative by demolishing and removing the 6 structure in accordance with .11 applicable codes and ordinances. The rehabilitation or 7 demolition and removal of th:' structure must be completed within fifteen (15) days after the 8 date of the Council Hearing. 9 10 2. If the above corrective action lis 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 o demolish and remove this structure, fill the site and charge 13 the costs incurred against the ubject Property pursuant to the provisions of Chapter 45 of 14 the Saint Paul Legislative Co ■ e. 15 16 3. In the event the building is to I be demolished and removed by the City of Saint Paul, all 17 personal property or fixtures 1 f any kind which interfere with the demolition and removal 18 shall be removed from the pr perty by the responsible parties by the end of this time period. 19 If all personal property is not removed, it shall be considered to be abandoned and the City 20 of Saint Paul shall remove an • dispose of such property as provided by law. 21 22 4. It is further ordered, that a c' py of this resolution be mailed to the owners and interested 23 parties in accordance with C • pter 45 of the Saint Paul Legislative Code. Absent Requested by Department of: Grimm v Grsm Guerin Harris Megqard ' � 1 Re 11 J ��L --��'- l`-�`"�-- Thune By: 4 0 Adopted by Council: Date 1.4.1--_-\-,\ I ticl � Form Approved by City Attorney Adoption Certified by Council Secret ry B , 7�: 4 U r /7- << By: c . , , Appro --• by Mayor fo Submission to / Coun- Approved by '•�'• : Date f I.Y r � / By: 0 1 ii7i By: . 1 • 94 - I50 DEPARTMENT/OFFICE/COUNCIL DATE INITIATED G REEN SHEET N° 190 51 Public Health 08 -1' -9t l� CONTACT P RSON PI{ON � ASS INITIAUDATE INITIAUDATE -- Charles Vote]. 298 -4153 P V M' DEPARTMENT DIRECTOR CITY COUNCIL aN JP ITV ATTORNEY j-1 CITY CLERK • MUST BE ON COUNCIL AGENDA BY (DATE) NUMBER FOR ROVING E BUDGET DIRECTOR n FIN. & MGT. SERVICES MR. September 14, 1994 ORDSR 13 MAYOR (OR ASSISTANT) n TOTAL # OF SIGNATURE PAGES (CLIP 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 Health is ordered to remove the building. he subject property is located at 774 Wells Street.' RECOMMENDATIONS: Approve (A) or Reject (R) PI 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? _ CIB COMMITTEE YES NO - STAFF 2. Has this person /firm ever been a city employee? 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 build_ng(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 knows to the Enforcement Officer were given an order to repair or remove the building at 774 Wells Street by July 28, 1994, and have failed to comply with those orders. RECEIVED 5 ADVANTAGES IF APPROVED: AUG i 1994 • The City will eliminate a nuisance. C CITY ������� is L arch center Y AUG 1 9 1994 DISADVANTAGES IF APPROVED: The City will spend funds to wreck aid remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. RECEIVED AUG 19 1994 IVL DISADVANTAGES IF NOT APPROVED: YOR'q ? € ; • A nuisance condition will remain una in the City. This building(s) will continue to blight the community. $4,000 - $6,000 TOTAL AMOUNT OF TRANSACTION $ COST /REVENUE BUDGETED (CIRCLE ONE) OYES NO Nuisance Housing Abatemeit 33261 FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) 94. - s ' 3 7. Resolution ordering the owner o remove or repair the referenced building, located at 774 Wells Street. If the owner f ils to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer rec s mends approval 8. Vehicle Abatement Order - 1741 Beechwood Avenue Legislative Hearing Officer reco mends denial of appeal 9. Summary Abatement Order - 4 1 Portland Avenue Legislative Hearing Officer reco mends denial of appeal 10. Summary Abatement Order - '92 N. Western Avenue Legislative Hearing Officer reco mends denial of appeal SAINT PAUL PUBLIC HEALTH Neal Hoban, M.D., M.P.H., Director 99 - / 3 S SAINT • CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 612- 298 -4153 PAUL 410141 Norm Coleman, Mayor ENFORCEMENT 555 Cedar Street Saint Paul, MN 55101 -2260 AAAA RECEIVED August 12, 1994 AUG 161994 NOTICE OF PUBLIC HEARINGS CITY CLERK 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 a l: I774 Wells Street 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 5f record are: Name and Last Known Address Interest Teddy L. Drevecky Fee Owner 1280 Callahan Lane North Boise, ID 83704 -8075 James Swartwood Taxpayer Blackwood Investment Inc. P.O. Box 17255 Mpls., MN 55417 -0255 Seng Vang Owner 1139 Supornick Lane St. Paul, MN 55106 • 9 -- 1 'Is o 774 Wells Street August 12, 1994 Page 2 The legal description of this property is: The Westerly 15 feet of Lot 1 The Easterly 15 feet of Lot 2; Block 39, Schurmeier's Subdivision of Blocks 38 & 39 of Arlington Hills Addition to St. Paul. City of Saint Paul Public Health has declared this building(s) to constitute a "nuisance" as defined by Legislative Code, Chaptef 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 t`) 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, cr 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. S'ncerely, O - A- . 1 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