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96-156Council File # � S Green Sheet u 3 3 S'�1 l RESOLUTION CITY OF SAINT PAUL, MINNESOTA � , ., _ , S� Presented By Re£erred To Committee: Date WHEREAS, Saint Paui Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two- story, wood frame dwelling located on property hereinafter referred to as the "Subject Property" and commonly known as 1371 Van Buren Avenue. This property is legally described as follows, to wit: Lot 23, Block 3, Syndicate Addition Number 5. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Health on or before December 15, 1995, the following are the now known interested or responsible parties for the Subject Property: Joe L. Plank Jr. & Beth A. Plank, 10428 215 Ct. No., New Scandia Twp, MN 55073; Joe L. Plank Sr. & Suzanne Plank, 107 Arcwood Road, Mahtomedi, MN 55115; Daniel E. Piette & Dale R. Morgan and Cynthia N. Morgan, 6008 Upper 46th Street North, Oakdale, MN 55128, (last known address); Norwest Mortgage, 2051 Killebrew Drive, Bloomington, MN 55479-2549, Attn: Sally Berdt; John Basta, 1415 Lincoln Avenue, St. Paui, MN 55105-2217; Iten Hauth, 5775 Manning Avenue No., Stillwater, MN 55082. WHEREAS, Saint Paul Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul I,egislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated December 11, 1995; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WAEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by January 10, 1996; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Aealth requested that the City Clerk schedule public hearings before the L.egislative Hearing Officer of the City Council and the Saint Paul Ciry Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul L,egislative Code, of the time, date, place and purpose of the public hearings; and q �-ts� WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, February 6, 1996 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsibie parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the alternarive by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Heazing; and WHEREAS, a hearing was held before the Saint Paul Ciry Council on Wednesday, February 14, 1996 and ffie testimony and evidence including the action taken by the I.egislative Hearing Officer was considered by the Council; now therefore BE TT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the foliowing Findings and Order concerning the Subject Property at 1371 Van Buren Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed thxee thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to Yhe then known.responsible parties to correct the deficiencies ar to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Public Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by the Vacant/Nuisance Buildings Code Enforcement Program. 8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: 9�-ls � � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrunental to the pubiic peace, health, safery and welfare and remove its blighting influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishin� and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 2. If the above corrective action is not completed 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 this 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. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal 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 this resolution be mailed to the owners and interested parties an accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department o£: By: Appr By: i: = Form Approved by City Attorney BY: ��,, I� /�� a�Pti I IuI�� Approved by Mayor for Submission to Council B O�C�' �� ���� Adopted by Council: Date ..7.� � Adoption Certified by Council Secretary ���'�� � DE P�i1C F H0d1tYl IL 1-12 96EINITIATED GREEN SHEET _N ��H� 1 CANTACT PERSON 8 PHONE MRIAVDATE INITIAVDATE Charles VOtiE�. 298-4153 /�. � DEPARTMEM�IfiECfOFi CRYCOUNQL l./� ASSIGN CfiYAT70RNEY �� C17YGLERK MUST BE ON COUNCII AGENDA BY (DATE) NUYBEq FON gUDGET DIqECTOR � FIN. & MOT. SERVICES DIR. flOUTING February 14, 1996 ° " 0 ER MAYOFi(OflASSiSTAN'n � TOTAL # OF SIGNANRE PAGES ��. (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTEO: City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If tlie owner fails to comply with the resolution, Public Health is ordered.to remove the building. The subject property is located at 1371 Van Buren Avenue. RECOMntENDAT1pN5: Apprave (q) or Rejeet (a) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE CAMMISSION 1. Has Mis perso�rm ever woAcetl under a coMract for this department? � CIB COMMffTEE _ YES NO _ STAFF 2. Has this personHirm ever been a ciry employee? — YES NO __ DISTRICT COURT _ 3. Do¢5 Shis pefsonlfltRf possess a skill noi normally possessed by any curtent city empbyee4 SUPPORTSWHICNCAUNCILO&IECTIVE? YES NO Explain all yes answers on seperata sheat and attach to green sheet INITlATING PROBLEM, iSSUE, OPPORTUNIZY (Who, Wfiat. When, Whare, 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 1371 Van Buren Avenue by January l�, 1996, and have failed to comply with those orders. �,,;., t,���,i��<� ��1'# 4 c9 �J�3 ADVANTAGES IFAPPROVED: �A�., �.,, �, �- :n.«. �3'L°� Pt. �a t��s B.w,.�.� The City will eliminate a nuisance. DISADVANTAGES IF APPROVED: The City wi11 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. :�;.., � ... , ...�_ . � �` r�. �:J �._,'�7 DISADVANTACaES IF NOTAPPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TOTAL AMOUNT OF TRANSACTION $ COST/NEVENUE BUDGETED (CIRCLE ONE) YES NO FUNOIRGSOURCE Nn;cannP Hnucinc� Abatement ACTtV1TYNUMBER 33261 PINANCIAL INFORMATION� (EXPLAIN) CITY OF SAINT PAUL Norm Coleman, Mayor SAINT PAUL PUBLIC HEALTH tieal Ho17an. :KD.. MP.H.. Director A�'UISANCE BG'ILDJNGS CODE ENFORCEbfE,�T SJS Cedar Svee1 Saint Paul, dfV 5.5101-2?60 �b`,...�_ . _ .. �_�. � .. . January 12, 1996 NOTICE OF PUBLIC HEARINGS , Council President and Members of the City Council q `�15 G 617-198-4/53 wi�it� y ..,,�'� Saint Paul Public Health, Vacant/Nuisance Buildin�s Enforcement U�it has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 1371 Van Buren Avenue The City Council has scheduled the date of these hearings as follows: �egislative Hearing - Tuesday, February 6, 1996 City Council Hearing - Wednesday, February 14, 1996 The owners and responsible parties of record aze: Name and Last Known Address Joe L. Plank Jr. & Beth A. Plank 10428 215 Ct. No. New Scandia Twp, MN 55073 Interest Previous Owner 3oe L. Plank Sr. & Suzanne Plank 107 Arcwood Road Mahtomedi, MN 55115 Previous Owner . 9t,-IsG 1371 Van Buren Avenue January 12, 1996 Page 2 Name and Last Known Address Daniel E. Piette & Dale R. Morgan and Cynthia N. Morgan , 6008 Upper 46th Street North Oakdale, MN 55128 (last known address) Norwest Mortgage 2051 Killebrew Drive Bloomington, MN 55479-2549 Attn: Sally Berdt John Basta � 1415 Lincoln Avenue St. Paul, MN 55105-2217 Iten Hauth 5775 Manning Avenue No. Stillwater, MN 55082 The legal description of this property is: Interest Fee Owner Mortgagee 0 Responsible Party Lienholder Lot 23, Block 3, Syndicate Addition Number 5. . City of Saint Paul Public Health has deciazed 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 conecting the deficiencies or by razing and removing this building(s). q �-Is� , 1371 Van Buten Avenue January 12, 1996 Page 3 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 Ciry 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 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. Si e ely, /' �. ��� Charles A. Votel Program Supervisor Code Enforcement Programs Saint Paul Public Health CAV ml � cc: Jan Gasterland, Building Inspection and Design Peter Warner, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Mazshall Dan Pahl, PED-Housing Division 01-43 � . '�(o - I 5(� MINUTES OF LEGISLATIVE HEARING February 6, 1996 Room 330, City Hall Gerry Strathman, Legislative Heazing Officer STAFF PRFSENT: Chuck Votel, Public Heaith; Czuy Willits, Public Health M�hv.}et -��r• S�icw.. lJoz. v`� r �� Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05 a.m. Resolution ordering the owner to remove or repair the referenced building, located at 441 View Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. No one appeared. Mr. Strathman recommended approval. 2. Resolution ordering the owner to remove or repair the referenced building, located at 613 Blair Avemie. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. No one apgeared. Mr. Strathman recommended approval. Resolution ordering the owner to remove or repair the referenced building, located at 1371 Van Buren Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Beth Randall, Hamline-Midway Area Rehabilitation Corporation (H-MARC), appeared and stated that she had inspected the propeny and did not believe it would be financially feasible for H-MARC to purchase the properry and rehabilitate it. The house was rat infested and in overall total disrepair. The owner had not been responsible in taking care of the property and it had been condemned a number of times since his ownership. It was H-MARC's recommendation to demolish the building. They had offered to purchase the land and wouid either move another building onto the property or possibly build a new singie-family home for purchase. Mr. Strathman questioned whether a code compliance on the progerty had been completed. Chuck Votel, Public Health responded that a code compliance inspection had been completed on December 22, 1995. Kristin Monge, 1383 Van Buren Avenue, St. Paul, appeared and stated that this house was a continuous problem in the neighborhood, particularly with the tenants who had occupied the property. Her husband had numerous conversations with the owner expressing his concem on the condition of the house, however, nothing had ever been done to properly repair the house. q�-i5� Minutes of L.egislative Hearing February 6, 1996 Page - 2 - Anne Condon, 1359 Van Buten Avenue, St. Paul, appeared and stated that she was acquainted with previous tenants of the building and believed it was unfair for anyone to live in such a disgusting environment. The house was rodent infested with rats, squirrels and mice and her friend was forced to move from the home for fear of injury to her children. Kathleen Sundberg, 1375 Van Buren Avenue, St. Paul, appeared and stated that the owner had demonstrated a total lack of responsibility in caring for the property. After the house had been condemned, the neighbors had organized a meeting between a representative from the city, the coalition and the owner. The owner represented at this meeting that he would complete the necessary work within 60 to 90 days. A year had passed with no progress by the owner on his proposed plan to bring the house up to code. Matt McBride, attorney representing the owner, 3ohn Basta, appeared and requested that the owner be allowed an extension of time to July 1, 1996 to make the necessary repairs and bring the building up to code. Mr. Votel stated that the buiiding had been vacant since September, 1994 and was in a serious deteriorated condition. Mr. Strathman stated that the owner had ample opportunity to repair the building and had failed to do so. He recommended approval to repair or demolish the building within 15 days. 4. Summary abatement appeai of Dick Nowlin, 762 Capitol Heiehts. Dick Nowlin, property owner, appeared and requested an extension of time to repair or remove the garage. There had been probiems with tenants who occupied the house and it was believed that the one of the tenants possibly set fire to the garage. He had cleared away the areas of the garage that had been damaged by the fire but had been precluded from continuing to make repairs due to the weather. It was his belief that the remainder of the structure was solid and could be reconstructed rather then having to demolish and rebuild it. He presented pictures of the property. Guy Willits, Public Health, appeared and stated that it was the inspector's opinion that the structure was dangerous. Mr. Strathman recommended granting the appeal to April 30, all open storage be removed from the garage by the structure is maintained. Meeting adjourned at 10:35 a.m. 1996 on the condition that February 20, 1996 and that the integrity of