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96-85Council File # � RESOLUTION Green Sheet # 3 3�C.� Presented By Referred To Committee: Date WAEREAS, 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 with a two-vehicie, detached concrete block and wood frame garage with an attic or loft located on property hereinafter referred to as the "Subject Property" and commonly known as 433 Cook Avenue East. This property is legally described as follows, to wit: Lots 9, 10, 11, 12, Windsor Square and L,ots 5 and 6, Godfrey's Re. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Health on or before November 17, 1995, the following are the now known interested or responsible parties for the Subject Property: Phillip S. & Cynthia M. Jenkins, 196 O-Day Street, Maplewood, MN 55119; Armour Credit Union, 1151 Southview Blvd., South Saint Paul, MN 55075, Atm: Mortgage Dept.; TCF Financial Services Inc., 801 Marquette Avenue, Mpls., MN 55402, Atm: Foreclosure Dept.; Mackall, Crounse & Moare P.L.C., 1400 AT&T Tower, 901 Marquette Avenue South, Mpls., MN 55402, Attn: Timothy D Moratzka. VJHEREAS, 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 November 14, 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 WHEREAS, this order informed the lnterested or responsibie parties that they must repair or demolish the structure located on the Subject Properry by December 14, 1995; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to consritute a nuisance condition; 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 City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the pxovisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and �I G -�S 1 WHEREAS, a heazing was held before the L,egislative Hearing Officer of the Saint Paul City 2 Council on Tuesday, January 16, 1996 to hear testimony and evidence, and after receiving testunony 3 and evidence, made the recommendation to approve the request to order the interested or responsible 4 parties to m ake the Subje P and�toLdP+*;rr s�fec� an�" �— weI�re and its blighting influence on the communiry by rehabilitating this structure in 6 accordance with all applicable codes and ordinances, or in the alternative by demolishing and 7 removing the structure in accordance with all appiicable codes and ordinances. The rehabilitation or 8 demolition of the structure to be completed within fifteen (15) days after the date of the Council 9 Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, January 24, 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 433 Cook Avenue East: 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 three thousand dollars ($3,000.00). 3. That there now exists and has existed multiple Housing ot 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 corrected. 6. That Public Health has posted a placard on the S�bject Property which deciares 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 previousiy 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: �1G-�-s � 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 By: Appz sy: i. The above referenced interested or responsible parties shall make the Subject Property safe and not detrimentai to the public peace, health, safety and welfare and remove its blighting influence on the communiry by rehabilitating this structure and correcting all deficiencies as all applicable codes and ardinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordvnances. The rehabilitation or demolition and removal of the structure must be compieted 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 againstthe Subject Property pursuantto the provisions of Chapter 45 of the Saint Paul L,egislative Code. 3. In the event the building is to be demolished and removed by the Clty 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 properry is not removed, it shall be considered to be abandoned and the Ciry 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 I,egislative Code. Requested by Department of: By: f (.fi��-�- Form Approved by City Attorney By: � �lJf✓GYtN�---� Approved by Mayor for Submission to Council BY: /� Q`�-''l��i"��"L/� _ Adopted by Council: Date �qq(, Adoption Certified by Council Secretary Public Health 298-4153 24, 1996 TOTAL # OF SIGNATURE FOP • � ��✓ GREEId SHEET N_ 3.3 8 6 8 INRIAVDATE INRIAUDAiE � DEPAflTMENiDIRECTO CITYCAUNpL CT'ATfOFNEY � CfTYCLERK _F�- BUDGEC DIRECiOR � FIN. S MGT. SERVICE$ �IR. MAVOR (OR ASSISTANn O ALL LOCATIONS FOR SIGNATUR� -- -.'. - . _.__ . ____ . ,_ � 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 Aealth is ordered to remove the building_ The subject property is located at 433 Cook Avenue East. or Rej9p _ PLANNING COMMISSION _ CIVIL _ C�B COMMfTTEE _ _ _ STAFF _ _ __ DISTRICTCqURT _ _ SUPPORT$ WHICH COUNCIL OBJECTIYE? PERSONAL SERV{CE CONTRACTS MUST ANSW ER THE FOlLOW1NG �UESTIONS: 7. Has ihis person/firm ever worked under a conhact for this department? - YES NO 2. Has this person/firm ever been a ciry employee? YES NO 3. Does this personffirm possess a sltill not normally possessed by any curtent ciry employee? YES NO Explaln ell yes answers on sepante sheet antl attaeh to grean sheet ISSUE, OPPOFiNNITY (WM. What, 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 433 Cook Avenue East by December 14, 1995, and have failed to comply with those orders. �� + rr �� '., c: :� . The City will eliminate a nuisance. �'��°� ��F�� - �" �� 1995 � IFAPPROVE�: 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. A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. ..�.,� ��n3tT.�, ;'"`„;r&�^.< .... _._._�., kF,..�.,.� . 9 � 1 � n eJ. � � ,,,::i) TO7AL AMOUN7 OF iRANSACTION $ _ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfd6SOURCE Nniaan<-a unncinq �aYPmant pCTIVITYNUMBER 33261 FINANCIAL WFORMATION: (EXPLAIN) 12-2fZ-95 � qG-8"S COIvINIITTEE REPORT: Date: January 16, 1996 Tnne: 10_00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Geny Strathman I.egislative Hearing Officer �tesolution ordering the owner to remove or repair the referenced building, located at 433 Cook Ave. E. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommends approval. 2. Resolution ordering the owner to remove or repair the referenced building, located at 160 Forbes Avenue. If the ownez fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing OfCcer recommends approval. 3. Resolution ordering the owner to remove or repair the referenced building, located at 1545 Reaney Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Of6cer recommends approval. 4. Resolution ordering the owner to remove or repair the referenced building, located at 342 Sherburne Avenue. If the owner fails to comply with the resolution, Public Fiealth is ordered to remove the building. Legislative Hearing Officer recommends approval. Resolution ordering the owner to remove or repair the reference building, located at 62 Wells If the owner fails to comply with the resoludon, Public Health is ordered to remove the building. (L/O by Council 12/27/95) Legislative Iiearing Of�cer recommends approval. SAINT PAUL PUBIIC HEA�TH IJeal Nottan. MD.. MP.K, D+rector C1TY �F SA(NT PAt1t Norm Coleman, Mayor NL7SAtiCE BG7LD/NGS CODE E.�F'ORCEME\T SJS Cedor Street Saint Paul. M.'F j5/0!_1?G!1 December 22, 1995 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Councii 6/?-298-Jl53 �! ��S Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement LTnit has requested the City Council schedule public heuings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 433 Cook Avenue East The City Council has scheduled the date of these hearings as follows: Legisiative Hearing - Tuesday, January 16, 1996 City Councit Hearing - Wednesday, 3anuary 24, 1996 The owners and responsible parties of record aze: Name and Last Known Address Pkullip S. & Cynthia M. 7enkins 196 O-Day Street Mapiewood, MN 55119 Interest Fee Owner Armour Credit Union 1151 Southview Blvd. South Saint Paul, MN 55075 Attn: Mortgage Dept. TCF Financiai Services Inc. 801 Mazquette Avenue Mpls., MN 55402 Attn: Foreclosure Dept. Mortgagee Mortgagee 2 � - �S 433 Cook Avenue East December 22, 1995 Page 2 Name and Last Known Address Interest Mackali, Crounse & Moore P.L.C. Attomey for Mortgagee TFC 1400 AT&T Tower 901 Mazquette Avenue South Mpls., MN 55402 Attn: Timothy D Moratzka The legai description of this properry is: Lots 9, 10, 11, 12, Windsor Squaze and Lots 5 and 6, Godfrey's Re. City of Saint Paul Public Health has declared 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 orderin� 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 aeainst the real estate as a special assessment to be collected in the same manner as taxes. >-: ;': : f • � % ;� �. Charles A. Votel Program Supervisor Code Enforcement Programs Saint Paui Public Health CAV ml cc: Jan Gasterland, Building Inspection and Design Peter Wamer, City Attorneys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housing Division