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96-714ORIGI�,�AL ClN OF Presented By Referred To Committee: ➢ate �I'] WHEREAS, Saint Paul Public Health has requested the Ciry Council to hold public hearings to consider the advisabiliry and necessiry of ordering the repair or wrecking and removal of a two- story, wood frame dwelling located on property hereinafter refened to as the "Subject Property" and commonly known as 861 Aurora Avenue. This properry is legally described as follows, to wit: Lot 30, Block 1, Milton Addition. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Health on or before April 15, 1996, the following are the now known interested or responsibie parties for the Subject Property: Alvin H. Peterson, 2132 Atlantic Street North, St. Paul, MI3 55109-3401; Knnberly Davis, 905 Central Avenue, St. Paul, MN 55104; Mike Haus d/b/a Dynavest Inc., P.O. Box 16442, St. Paul, MN 55116. 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 April 11, 1996; 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 WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by May 13, 1996; and WHEREAS, the enfarcement 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 carrected and Saint Paul Public Health requested thatthe City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City 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 tune, date, place and purpose of the public hearings; and WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul Ciry Council on Tuesday, June 18, 1996 to hear testimony and evidence, and after receiving testnnony and evidence, made the recommendation to approve the request to order the interested or responsible 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 rehabilitaUng this structure in accordance with all appiicable codes and ordinances, or in the alternative by demolishing and removing the siructure 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 Hearing; and RESOLUTION �INT,� Pp�UL, MII�NESOTA Council File # � � ' Green Sheet # 3 � q �-�iy WHEREAS, a hearing was held before the Saint Paul Ciry Council on Wednesday, 7une 26, 1996 and the testimony 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 concerning the Subject Properry at 861 Aurora Avenue: 1. That the Subject Property comprises a nuisance condition as defined in Saint Paul I.egislative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estunated to exceed three thousand doilars ($3,000.00). 3. That there now exists and has existed multiple Housing or Building code violations at the Subject Properry. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or 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 VacanUNuisance 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: 1. The above referenced interested or responsible parties shall make the Subject Property safe and not detrnnental to the public peace, health, safety 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 appiicable 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 Councal Hearing. ��-��Y 2. If the above conective 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 incuned against the Subject Properry pursuant to the provisions of Chapter 4� of the Saint Paul Le�islative Code. 3. In the event the building is to be demolished and removed by the Ciry of Saint Paui, all personal property or fixtures of any kind which interfere with the demolition and removai 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 City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of tflis resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul L,egislative Code. Requested by Department of: - � _�. � ���: � -- Adopted by Council: Date a q 9` Form Approved by City Attorney Adoption Certified by Council Secretary g .I� �r,�C(/J S/;'(%�p BY� � a' A�+�+� Approved by Mayor for Submission to ��� � Council Approved by Mayor: Date ( // By . /�, r/ `���'',�""� BY : f�✓ l, G�- �_i �' "" _"� �`-1, l� Q��`�3��€��� _ „ L `� V DEPA�R b t.h 45-2 DAT9E�NITIATED GREEN SHEET �O 3 3960 � INITIALIDATE R ATE CANTACT PERSON 8 PHONE � DEPARTMENT DIRECTOR CT' CAUNqL Charles Votel 298-4153 ���N �CRYATfOflNEY a.� �� q6 cmc�aK NUYBERFOR « MUST 8E ON CAUNCiL AGENDA BY (DATE) pp�N� BUDGET DIRECTOR � FIN. 8 MGT. SERVICES Dlfl. June 26, 1996 , �p�� ����ORASSISTANTJ � TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SICaNATURE) ACfION REQUESTED: City Council to pass this resolution which will order the owner(s) to remove or repair the referenced buildingis). If the owner fails to comply with the resolution, Public Fiealth is ordered to remove the building. The subject property is located at 861 Aurora Avenue. aECAMMENDA710NS: Approve (A) or Reject (q) pEHSONAI SERVICE CONTRACTS MUST ANSWEFi tHE FOLLOWING �UESTONS: _ PLANNMG COMMISSION _ pVIL SEAVIGE COMMISSION t Has this person/firtn ever worketl under a conhact for this dep� S f�F _ GIB CAMMITfEE �'ES 'NO • � 2. Has this ErsonfirmN�ver been a ciry employee? � 1�� O � � o C _ STAFF (/ _ DISTqICTCOUFT JJ�b — 3. Does ihis person/firm possess a skill not normally possessetl by any curren[ city empioyee? SUPPOqTSWHICHCOUNqLOBJECTIVE7 VES NO �'""e^,. p � ;pp Explain all yes answera on separete sheet and attaeh to gree�M h'eeti ��"'":`� 4 INITIATING PROBLEM, ISSUE, OPP@fRTUNIN (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 861 Aurora Avenue by May 13, 1996, and have failed to comply with those orders. � t,..,�,>s^�� �� ��::�:� � � � ADVANTAGESIFAPPROVED: � �jyA i o � ^ n� The City will eliminate a nuisance. ea n $r / e, ������ _ F R � ���EY DISADVANTAGESIFAPPROVED: The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. DISADVANTAGES IF NOT APPROVED: A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. 707ALAMOUNTOFTRANSACTION$ $6,000 - $8,000 COST/REVENUEBUDGETED(CIRCLEONE) VES NO Nuisance Housing Abatement 33261 FUNDIWG SOURCE AC7IVITY NUMBER FINANCIAL INFORMATION� (EXPLAIN) aG_ � �y REPORT Date: 7une 18, 1996 Time: 10:00 a.m. Place: Room 330 City Hall 15 VJest Kellogg Boulevard LEGISLATIVE HEARING Gerry Stratliman Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the referenced building, located at 584 Charles Avenue. If the owner fails to comply with the resolution, Public Heaith is ordered to remove the building. Legislative Hearing Officer recommended approval. 2. Resolution ordering the owner to remove or repair the referenced building, located at 1030 Wilson Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legisiative Hearing Officer recommended approvai. Resolution ordering the owner to remove or repair the referenced building, located at 861 Aurora Avenue. If the owner fails to comply with the resolution, Public Aealth is ordered to remove the building. Legislative Hearing Officer recommended approval. Resolution ordering the owner to remove or repair the referenced building, located at 163 Belvidere Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legisiative Hearing Officer recommended approval. MINUTES OF LEGISLATIVE HEARING June 18, I996 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health a�-��y Gerry Strathman, L,egislative Hearing Officer, called the meeting to order at LO:QS a.m. Resolution ordering the owner to remove or repair the referenced building, located at 584 Charles Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck Votel, Public Health, reviewed the staff report. The building was condemned in February, 1995 and six summary abatement notices had been issued to this property. A code compiiance inspection had been completed on 7uly 5, 1995. The cost to repair this building was estimated to be approximately $30,000. Gary Olstad, property owner, appeared and stated that he had planned to repair the building, however, he lacked the financial resources to do so at this tirne. If he could, he would like to sell the building "as is" but believed he was precluded from doing so. Gerry Strathman, I.egislative Hearing O�cer, stated that as the owner, he had the right to sell the properry at any time, however, it could be more difficult to do so with the impending demolition order. He explained that if he desired to repair the building, he would need to post a$2,000 performance bond and obtain the necessary permits prior to the Counci( meeting on June 26 which would allow him six montl�s to compiete the repairs. He also suggested that he check with the Building Departrnent to see if the code compiiance inspection report was still in effect. Mr. Strathman recommended approval of the order. Resolution ordering the owner to remove or repair the referenced buiiding, located at 1030 Wi]son Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The building had been vacant since December, 1995 and five summary abatement notices had been issued against this property. The estnnated cost to repair this building was approximately $40,000. He did not believe the building was salvageable. Beth Asmussen, attorney representing Midland Mortgage Company, appeared and stated that the mortgage company foreclosed on the property on February 14 with the redemption period expiring on August 15. She requested that the mortgage company be given until August 15 to acquire the property which in turn would be conveyed to HUD for disposition. If the building was demolished prior to August 15, the mortgage company would ]ose their claim. She also indicated that the mortgage company had taken responsibility for maintaining the properry. Mr. StraUunan recommended approvai. Minutes of Legislative Hearing ����' y June 18, 1996 Page - 2 - 3. Resolution ordering the owner to remove or repair the referenced buiiding,' located at 861 Aurora Ave ue. If the owner fails to comply with the resolution, Public Health is ordered to remove the . building. Mr. Votel reviewed the staff report. The building was condemned in July, 1995 and the property owner had made no contact or indication as to his intentions concerning the property. Ron Pauline, from the Aurora-St. Anthony Block Club, had been in contact with him and indicated that the neighborhood wished to see the building demolished. No one appeared. Mr. Strathman recommended approval. 4. Resolution ordering the owner to remove or repair the referenced building, located at 163 Belvidere Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The buIlding had been vacant since January, 1995 and five summary abatement notices had been issued against the properry. The property was owned by the State of Minnesota Trust Exempt. The estimated cost to repair the building was approximately $50,000. Brett Larson, Ramsey County Tax Forfeited Properties, appeared and requested that the order for demolition be delayed so that the properry could be sold at auction. Mr. Strathman recommended approval of the order. Meeting adjourned at 10:25 a.m. Gerry Str�fhman, Legislative Hearing Officer