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96-215Council File # 9{.' X�S Green Sheet # 3 3 p�� RESOLUTION CiTY F SAI�T P1silL, �NN�SOTA � 5� ,t d� r Presented By Referred To Committee: Date 1 WHEREAS, Saint Pau1 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 and one half story, wood frame dwelling located on property hereinafter referred to as the "Sub}ect 4 Property" and commonly known as 292-294 Aurora Avenue. This property is legally described as 5 foilows, to wit: 6 7 East 1/2 of I,ot 4, and all of Lot 5 EXCEPT the East 10 feet thereof, Block 4, 8 "Elfelt, Bernheimer & Arnolds" Addition to St. Paul. 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 December 29, 1995, the following 12 are the now known interested or responsible parties for the Subject Property: Xiong Ly & My Lo 13 Ly, 15989 Jeffrey Avenue North, Hugo, MN 55038; Norwest Mortgage, 2051 Killebrew Drive, 14 Bloomington, MN 55479-2549, Atm: Mona Isaacs. 15 16 WHEREAS, Saint Paul Public Health has served in accordance with the provisions of 17 Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance 18 Building(s)" dated December 22, 1995; and 19 20 WHEREAS, this order informed the then known interested or responsibie parties that the 21 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and 22 23 WHEREAS, this order informed the interested or responsible parties that they must repair or 24 demolish the structure located on the Subject Property by January 21, 1996; and 25 26 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring 27 this building(s) to constitute a nuisance condition; subject to demolition; and 28 29 WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health 30 requested that the City Clerk schedule public hearings before the I,egislative Hearing Officer of the 31 City Council and the Saint Paul City Council; and 32 33 WHEREAS, the interested and responsible parties have been served notice in accordance 34 with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and 35 purpose of the public hearings; and 36 37 WHEREAS, a hearing was held before the Legislative Aearing Officer of the Saint Paul City 38 Council on Tuesday, February 20, 1996 to hear testimony and evidence, and after receiving 39 testimony and evidence, made the recommendation to approve the request to order the interested or 40 responsible parties to make the Subject Properry safe and not detrimental to the public peace, health, 41 safety and welfare and remove its blighting influence on the communiry by rehabilitating this 42 structure in accordance with all applicable codes and ordinances, or in the alternative by 43 demolishing and removing the structure in accordance with all applicable codes and ordinances. 9�-��5 The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Councii Hearing; and WHEREAS, a hearing was held befare the Saint Paui City Council on Wednesday, February 28, 1996 and the testunony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 292-294 Aurora Avenue: i. 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 three 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 the then known responsible parties to correct the de�ciencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condirion have not been conected. 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 Paui City Council hereby makes the following order: L The above referenced interested or responsible parties shall 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 stmcture 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 demolishing 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. a� - a�s 2. If the above corrective action is not completed within this period of time the City of Saint Paui, 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 againstthe 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 properry or fixtures of any kind which interfere with the demolition and removal shall be removed from the properry 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 Ciry of Saint Paul shall remove and dispose of such properry as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: By: •.. By: � � � - _�c L�'� Form Approved by City Attorney B : C j�J�` h"�C� i/s�/�96 : Approved by Mayor for Submission to Council B �l� � ��� Adopted by Council: Date�,�. a�'. , 4�` ����_� Adoption Certified by Council Secretary 9�- a�s DE P�i7.C F HEd�.t11 'L 1-2(> 96EINITIATED GREEN SHEET _�° 33876 CANTACT PERSON & PHONE } �R��ATE E Chazles VOtV�. 298-4153 DEPAFTMENTDIRECTOR CIT'CAUNqL ASSIGN CITYAT�OflNEY `'./� ��� 0� J CITV CLERK NUMBERFOR MUST BE ON CpUNCILAGENDA BV (DA'f� pOVfING 6UDGET DIRECTOR � FIN. 8 MGT. SERVIC S Dlfl. February 28, 1996 o"oEp ��pYOP(ORASSISTAHi) ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: . City Council to pass this resolution whiah 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 bu'ilding. The subject property is located at 292-294 Aurora Avenue. RECOMMEPionilpHS: Apqwe (A) rn Rryact (R) pERSONAL SERVICE CONTRACTS MUST ANSWER TXE FOLLOWING QUESTIONS: . _ PLANNINCa CAMMISSION __ CIVIL SERVICE CAMMISSION i. Has this persoNfirm ever worketl under a contrac[ for Mis department? - __ CIB CAMMRTEE _ YES NO _ STAFF 2. Has this perso�rm ever been a city employee? — YES NO _ DIS7RIC7 COUH7 _ 3. Does this person/firm possess a skill not normally possessed by any current ciry amployee? SUPPORTSWHICHCOUNCILO&IECTIVE? YES NO Exptatn ell yes enawers on seperete sheet anA nneeh to green shcet IWSIATIb1G PqOBLEM,ISSUE, OPPOFTUNIN (Who, Whal; When, NTere, 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 292-294 Aurora Avenue by January 21, 1996, and have failed to comply with those orders. , � �� 0 1 ���� ADVANTAGES IF APPROVED: REC'��'�;� . �,� � �. � Se�,:. �;`kt The City will eliminate a nuisance. ��,�,�.,�65`��'�a+`✓J F�B 0 7 � -, ,,.� r Q��� 4,-y.i� � �':;i� w IERRY �.,£ � t_ . � � �.�.wm..� .,, DISADVANTAGES IFAPPROVED: 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. ' � y �, yi:,'n c:.3 vs;"i�' ^ ` ` `� �,--...�, we�:3.o:a ,s. � i,..'� � � ,vv.✓ DISADVANTAGES IF NOT APPflOVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. TO7AL AMOUNT OFTRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNUINGSOURCE p7v��s'31F2 I�F9tis' AlaatemPnT ACTIVITYNUMBER 7Z�ti� FINANCIAL INFOFMATION: (EXPLAIN) �1�-a�s COMMITTEE REPORT Date: February 20, 1996 Time: 10:00 a.m. Place: Room 330 Ciry Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman I.egislative Hearing Officer Resolution ordering the owner to remove or repair the referenced building, located at 894 York Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends the owner be granted six months to repair the building if a code compliance inspection is completed, a$2,000 bond is posted and the vacant building fee is paid by Wednesday, February 28, 1996. ( 2. Resolution ordering the owner to remove or repair the referenced building, located at 292- `�294 Aurora Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Of6cer recommends approval. Resolution ordering the owner to remove or repair the referenced building, located at 527 Bidwell Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends approval. Resolution ordering the owner to remove or repair the referenced building, located at 883 E. Third Sueet. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends approval. SAINT PAUL PUBLIC HEALTH — I �� �� S ,4'ea! Holtan, Af.D.. M.P.H., D+recrar Cl7Y OF SAINT PAUL NO'fSAYCE BUILDINGS CQDE Norm Coleman, bfayor F.h'FORCE.NE4T 555 Cedat Street $Qint Pau1. MN 551 �7-2?6D ��� January 26, 1996 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council 61?-?9&4I53 �� r.° :_ __ - _.. ':j ^ eli;.. ..'_ .,�J Saint Paul Public Health, VacantlNuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removat of the nuisance building(s) located at: 292-294 Aurora Avenue The City Council has scheduled the date of these heazings as follows: Legislative Hearing - Tuesday, February 2Q, 1996 City Council Hearing - Wednesday, February 28, 1996 The owners and responsible parties of record aze: Name and Last Known Address Xiong Ly & My Lo Ly 15989 Jeffrey Avenue North Hugo, MN 55038 Interest Fee Owner Norwest Mortgage 2051 Killebrew Drive Bloomington, MN 55479-2549 Attn: Mona Isaacs The legal description of this property is: Mortgagee East 1/2 of Lot 4, and ali of Lot 5 EXCEPT the East 10 feet thereof, Block 4, "Elfelt, Bemheimer & Amolds" Addition to St. Paul. �t. � - a- � s 292-294 Aurora Avenue 3anuary 26, 1996 Page 2 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 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 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 par[ies 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. Sincerely, `���� � ��� Charies A. Votel Program Supervisor Code Enforcement Programs Saint Paul Public Health CAV:mI cc: Jan Gasterland, Building Inspection and Design Philip Milier, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccazd, Fire Mazshall Dan Pahl, PED-Housing Division 01-93