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94-1351 ORIGINAL Council File # � y — 13S I Green Sheet # ZESOLUTION S3 CITY OF SAINT PAUL, MINNESOTA Presented By , Referred To Committee: Date 1 WHEREAS, Saint Paul Public 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 story, wood frame dwelling located cn property hereinafter referred to as the "Subject Property" and 4 commonly known as 502 Petit Street This property is legally described as follows, to wit: 5 6 That part of Lot 9, Block 5, $runson's Addition described as follow: 7 Beginning at the Northwesterly corner of Lot 9, Block 5, Brunson's 8 Addition; thence Easterly aloiig the Southerly line of Pettit Street 9 40 feet; thence Southerly and ; parallel to Brunson Street 70 feet; 10 thence Westerly and parallel ao the Southerly line of Pettit Street 11 40 feet; thence Northerly and j parallel to the Easterly line of Brunson 12 Street 70 feet to point of beginning. 13 14 15 WHEREAS, based upon the iecords in the Ramsey County Recorder's Office and 16 information obtained by Saint Paul Public Health on or before July 26, 1994, the following are the 17 now known interested or responsiblejparties for the Subject Property: Michael L. and Patricia 18 A.Gresafe, 365 Earl Street, St. Paul, MN 55106 -6101; James A. and Mary Kay Posey, 1044 North 19 Victoria Street, St. Paul, MN 55103. 20 21 22 WHEREAS, Saint Paul Publi; Health has served in accordance with the provisions of 23 Chapter 45 of the Saint Paul Legisla ive Code an order identified as an "Order to Abate Nuisance 24 Building(s)" dated July 20, 1994; an 25 26 WHEREAS, this order informed the then known interested or responsible parties that the 27 structure located on the Subject Prorerty is a nuisance building(s) pursuant to Chapter 45; and 28 29 WHEREAS, this order informed the interested or responsible parties that they must repair or 30 demolish the structure located on the, Subject Property by August 1, 1994; and 31 32 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 33 this building(s) to constitute a nuisarce condition; subject to demolition; and 34 35 WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health 36 requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the 37 City Council and the Saint Paul City Council; and 38 39 WHEREAS, the interested and responsible parties have been served notice in accordance 40 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and 41 purpose of the public hearings; and OR !NAL cf - 1 WHEREAS, a hearing was hit 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 ommendation 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 bl' I hting influence on the community by rehabilitating this 6 structure in accordance with all appl' 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 e structure to be completed within five (5) days after the date 9 of the Council Hearing; and 10 11 WHEREAS, a hearing was IF ld before the Saint Paul City Council on Wednesday,Septmeber 12 14, 1994 and the testimony and evid nce including the action taken by the Legislative Hearing 13 Officer was considered by the Coun»'; 1; now therefore 14 15 BE IT RESOLVED, that base • upon the testimony and evidence presented at the above 16 referenced public hearings, the Sain Paul City Council hereby adopts the following Findings and 17 Order concerning the Subject Prope y at 502 Petit Street: 18 19 1. That the Subject Pro • rty comprises a nuisance condition as defined in Saint Paul 20 Legislative Code, Ch. ster 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 . d has existed multiple Housing or Building code violations at 26 the Subject Property. 27 28 4. That an Order to Aba e Nuisance Building(s) was sent to the then known responsible 29 parties to correct the [ eficiencies 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 34 be a nuisance condition subject to demolition. 35 36 7. That this building ha [ been routinely monitored by the Vacant/Nuisance Buildings 37 Code Enforcement P s gram. 38 39 8. That the known inter; sted parties and owners are as previously stated in this 40 resolution and that th notification requirements of Chapter 45 have been fulfilled. 41 42 43 ORDER 44 45 The Saint Paul City Council hereby makes the following order: 46 r . .. nr 1 t'' I hc A I 9 LI - (ssi 1 1. The above referenced interest 4 or responsible parties shall make the Subject Property safe 2 and not detrimental to the pu.1 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 the structure must be completed within five (5) days after the date 8 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 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 C C. • e. 15 16 3. In the event the building is t.;be demolished and removed by the City of Saint Paul, all 17 personal property or fixtures o f any kind which interfere with the demolition and removal 18 shall be removed from the pr o 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 . • 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. Yeas Nays Absent Requested by Department of: Blakey t H Grimm / Guerin Harris V Megard 1 �/( (If Ret tman Thune IC- By: Y n �� Form Approved by City Attorney Adopted by Council: Date ,1 Adoption Certified by Council Secretary B E , l/G✓ - ( p-' C1 - , `l Bye • _ — — • k th, \ =yan Approved b ayor f r Su iss' n to �1 ,01 ::u-n • 1 M ::Proved by • Date zi,/ i I DEPARTMENT /OFFICE /COUNCIL DATE NITIATED Public Health 08 -1 -95 GREEN SHEET TO 19 - 4 Z INITIAL/DATE INITIAL/DAIE — C ONTACT P RSON&p HON DEPARTMENT DIRECTOR CITY COUNCIL Charles Vote'. 298 -4153 NSSI AN L CITY ATTORNEY t ' 0.4 4 Y CITY CLERK I v ' NUM IER FOR BUDGET DIRECTOR FIN. & MGT. SERVICES DIR. MUST BE ON COUNCIL AGENDA BY (DATE) ROU ING n September 14, 1994 ORD R ICI MAYOR (OR ASSISTANT) 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. The subject property is located at 502 Petit 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? YES NO CIS 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 Etplaln 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 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 502 Petit Street by August 1, 1994, and have failed to comply with those orders. RECEIVED ADVANTAGES IF APPROVED: AUG + 5 199 The City will eliminate a nuisance. v 1994 cowl wisearch Center CITY ATTORNEY AUG 1 9 1994 R IVI AU6 l9 CE 1994 DISADVANTAGES IF APPROVED: MAYOR'S The City will spend funds to wreck and remove this building(s). These cos i. be assessed to the property, collected as a special assessment against the property taxes. DISADVANTAGES IF NOT APPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. • TOTAL AMOUNT OF TRANSACTION $ $7 , non - $9 , n(y'1 COST /REVENUE BUDGETED (CIRCLE ONE) NO • Nuisance Housing batement 33261 FUNDING SOURCE g ACTIVITY NUMBER { FINANCIAL INFORMATION: (EXPLAIN) • a - I351 LE SLATIVE 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 A ril thru June, 1994 (J9409A) * Property Clean -Up in 11 e Thomas /Dale area from March to June, 1994, (J9409TDBC) * Demolition of Vacant B ldings 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 rec mmends approval 3. Resolution ordering the owner o remove or repair the referenced building, located at 909 Dayton Avenue. If the o I er fails to comply with the resolution, Public Health is ordered to remove the buildin a Legislative Hearing Officer rec mmends approval 4. Resolution ordering the owner to 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 buildin: Legislative Hearing Officer rec' 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 to remove or repair the referenced building, located at 502 Petit Street. If the owner f ils to comply with the resolution, Public Health is ordered to remove the buildin.. Legislative Hearing Officer re b , mmends approval 6. Resolution ordering the owner o 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 build ng. Legislative Hearing Officer rec mmends approval II SAINT PAUL PUBLIC HEALTH fi L - f / 5 • Neal Holton, M.D., M.P.R., Director S -- C1 TY OF SAINT PAUL NUISANCE BUILDINGS CODE 612- 298 -4153 PAUL 0010kt Norm Coleman, Mayor ENFORCEMENT 555 Cedar Street Saint Paul, MN 55101 -2260 ARRA 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 al: 502 Petit Street The City Council has scheduled the date of these hearings as follows: Legislative Hearing - Tuesday, September 6, 1994 City Council Hea •ing - Wednesday, September 14, 1994 The owners and responsible parties of record are: Name and Last Known Address Interest Michael L. and Patricia A. Gresafe Fee Owner 365 Earl Street. St. Paul, MN 55106 -6101 James A. and Mary Kay Posey Taxpayer 1044 North Victoria Street St. Paul, MN 55103 q� I 502 Petit Street - August 12, 1994 Page 2 The legal description of this property I is: That part of Lot 9, Block 5, : nson's Addition described as follow: Beginning at the Northwesterly corn: of Lot 9, Block 5, Brunson's Addition; thence Easterly along the • • utherly line of Pettit Street 40 feet; thence Southerly and paralle to Brunson Street 70 feet; thence Westerly and parallel to the S •utherly line of Pettit Street 40 feet; thence Northerly and parall- to the Easterly line of Brunson Street 70 feet to point of beginning. City of Saint Paul Public Health has declared 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 elimin. e this nuisance condition by correcting the deficiencies or by razing and removing this buil•ing(s). Inasmuch as this Order to Abate ha not been complied with the nuisance condition remains unabated, the community continues ,o 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, 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 e• .te as a special assessment to be collected in the same manner as taxes. ,Sin erely, Charles A. Votel Program Supervisor Housing Code Enforcement Progra s Saint Paul Public Health CAV:ml cc: Jan Gasterland, Building Ins . ection and Design Peter Warner, City Attorne . Office Nancy Anderson, Assistant ecretary to the Council Steve Zaccard, Fire Marsh. Dan Pahl, PED- Housing Di ision