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96-717ORIGd�,�p� RESOLUTIQN CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council File # 9L-'l1n Green Sheet # 3 3gSq �� Committee: Date WHEREAS, Saint Paul 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 1030 Wilson Avenue. This property is legally described as follows, to wit: Lot 7, and the West 12 U2 feet of I,ot 6, W. J. Godfrey's Subd'n of Block 72, Lyman Dayton's Addition to St. Paul. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Pubiic Health on or before April 15, 1996, the following are the now known interested or responsible parties for the Subject Property: Midland Mortgage Co., P.O. Box 26648, Okiahoma City, OK 73126, Foreclosure Dept.; Beth Asmussen, % Shapiro & Nordmeyer, 7300 Metro Blvd. Ste. 390, Edina, MN 55439; Mark L. Brown, 1802 Montana Avenue East, St. Paul, MN 55119-4214. WHEREAS, Saint Paul Public Health has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated April 10, 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 10, 1996; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condiYion; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul Ciry Council; and WHEREAS, the interested and responsibie parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code, of the time, date, place and purpose of the public hearings; and r ���lr.:�n �G 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 testimony 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 communiry by rehabilitating this structure in accordance with ali 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 of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, June 26, 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 concerning the Subject Property at 1030 Wilson 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 estnnated to exceed three thousand dollars ($3,000.00). 3. That there now exists and has existed muitiple 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 deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition 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 pzeviously 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: (� ' � ��� � �.d�j .�!s°��;� z 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Requested by Department of: � � ti! _ - _� 1Q Form Approved by City Attorney Adopted by Council: Date ,. �( , 1 �i .�� q �� � /'�,�- Adoption Certified by Council Secretary gY: �� j�j�� � BY� �+r^--� J- � z�pproved by Mayor £or Submission to �� 1� Council Approved by Mayor: Date F �� BY. ��� sy: /"�-� ���2�"�" - !�•` 1 �'� 1. The above referenced interested or responsible parties shall make the Subject Properry safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure and cosecting all deficiencies as prescribed in the above refezenced Order to Abate Nuisance Building(s) in accordance with ali applicable codes and ordinances, or in the altemative 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. 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 aze 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 I,egislative 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 removai shall be removed from the property by the responsible parties by the e�d 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 in accordance with Chapter 45 of the Saint Paul L,egislative Code. 9 `-'1 �n � DEPAflTMENVOFPICFJCOUNCIL DATE�NITIATED O � r ���� Hea�th OS-2 -96 GREEN SHEET �- 33959 iNmamnre � �xmnwa're CONTACT PERSON & PNONE DEPAHTMENT DIRECTOR CfTY COUNQL Charles Votel 298-4153 p��GN �CfiYATfORNEY ^2 j-}h% O£ITYCLERK NUMBEfl FOfl �� MUST BE ON CAUNCIL AGEN�A BY (DATE) ppM� BUOGEf DIRECTOP � FIN. & MGT. SEfiYfCES DIR. iT71R0 26 1996 op°Ea �q'�OR(ORASSISTANn O TOTAL # OF SIGNATURE PAGES �(CLIP ALL LOCATIONS FOR SIGNATURE) ACTION fiEOUESTED: 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 1030 Wilson Avenue. RECOMMENDA710NS: Approve (A) or Rejeet (R) pERSONAL SERYICE CONTRACTS MUS7 ANSWER THE POLLOWING� _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this perso�rm ever worked under a coMrac[ for this department?2i.5 �`�'� _ CIB CqMMITTEE 1'ES NO _ STAFF 2. Has this Derson/firm ever been a ciry employee? JU�( p 3 1996 — YES NO _ DI57FiICi COUai _ 3. Does this personttirm possess a skill no[ normally possessed by any current crty employee? SUPP�RT6WHICHCOUNGll08,lECTIVEY YES NO �f;�,l�'�S�G+ �_m._., ti .� �-aMZ.. Explafn all yes answers on seperate shcet and attach to green aheet INITIATINCa PROBLEM, ISSUE, OPPORTUNITY (WhO, Wha6 WMen, Whera, WM1y)' 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 Faul 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 1030 Wilson Avenue by May 10, 1996, and have failed to comply with those orders. ADVANTAGES IF APPpOVE�: � � �'�� �ee The City will eliminate a nuisance. Ni�� �� ���� �.� � �� �� DISA�VAMAGES IFAPPROVED: The City will spend fvnds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. ,� ��� E3� _. mfi � � ✓. S 1 �b!! � ESi�'S� DISADVANTAGES IF NOTAPPROVED: A nuisance condition will remain unabated in the City. This building(s) will_�continue to blight the community. TO7AL AMOUNT OF TRANSACTION $ _ COST/REVENUE BUDGE7ED (CIpCLE ONE) VES NO FUNDIfiGSOURCE nT>>>G��'+rP uoncina AhatPmant ACTIVIriNUMBER 33261 FINANCIAL INFORMATION: (E%PLAIN) REPORT Date: June 18, 1996 —` `_�,� Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman I.egislative 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 Health 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. Legislative Hearing Officer recommended approval. 3. 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 Health is ordered to remove the building. Legislative Hearing Officer 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. Legislative Hearing Officer recommended approval. {�� !,� MINUTES OF LEGI5LATIVE IiEARING J�ne 18, 1996 lioom 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Public Health Gerzy Strathman, I,egislative Hearing Officer, calied the meeting to order at 10:05 a.m. 1. Resolution ordering the owner to remove or repair the referenced building, located at 584 Charles venue. If the owner fails to comply with the resolution, Public Health is ordered to remove the buiiding. 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 compliance inspection had been completed on July 5, 1995. The cost to repair this building was estimated to be approximately $30,000. Gary Olstad, properry owner, appeared and stated that he had planned to repair the building, however, he lacked the fmancial resources to do so at this time. If he could, he would like to sell the building "as is" but believed he was precluded from doing so. Gerry Strathman, Legislative Hearing Officer, stated that as the owner, he had the right to sell the property at any time, however, it could be more difficult to do so with the impending demolition order. Ae explained that if he desired to repair the buiiding, he would need to post a$2,000 performance bond and obtain the necessary pernuts prior to the Councii meeting on June 26 which would allow him six months to complete the repairs. He aiso suggested that he check with the Building Aepartment to see if the code compiiance inspection report was still in effect. Mr. Strathman recommended approval of the order. 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 Aealth is ordered to remove the building. 1VIr. 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 estunated cost to repair this building was approximately $40,000. He did not believe the building was salvageable. Beth Asmussen, attomey 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 wouid be conveyed to HUD for disposition. If the building was demolished prior to August I5, the mortgage company wouid Iose their clann. She also indicated that the mortgage company had taken responsibility for maintaining the property. Mr. Strathman recommended approval. Minutes of Legisiative Hearing ��-� ��t June 18, 1996 Page - 2 - 3, 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 Health is ordered to remove the , buiIding. 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 orderuag the owner to remove or repair the referenced building, ]ocated at 163 Belvidere Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the buiiding. Mr. Votel reviewed the staff report. The building had been vacant since 7anuary, 1995 and five summary abatement notices had been issued against the properiy. The properiy 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 reguested that the order for demolition be delayed so that the property could be sold at auction. Mr. Strathman recommended approval of the order. Meeting adjourned at 1025 a.m. Gerry Str�thman, L.egislative Hearing Officer