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96-87Council File # � G — 6 � Green Sheet # 3 38G'� RESOLUTION _ _ ------ -_- - -_ — - - _ �� a�-S�►#� �,�t,- ��, =---- 43 _ - -- - �, � � , Presented By Referred 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 one- story, wood frame dwelling and one-vehicle, wood frame garage located on property hereinafter referred to as the "Subject Property" and commonly known as 1545 Reaney Avenue. This property is legally described as follows, to wit: Lot 14, Block 7, Denslow's Reanangement of Lots 5, 6, 7, 8, 9, 10, 11, 12, Block 2, L,ots 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, Block 3 and Lot 11, Block 4, Cruickshank's Garden Lots. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Health on or before November 2, 1995, the following are the now known interested or responsible parties far the Subject Property: Bankers Trust Company of Cailfornia Trustee, cfo National Mortgage Company, 4041 Knight Arnold Road, Memphis, TN 38118-2128, Attn: Shelly S. Kopp; Jose Martinez & Bobbi Jo Modick, 121 Arlington Avenue East, St. Paul, MN 55117; U.S. Attomey, Attn: Federal Judgment, 3-84CV-837, 110 South 4th Street Mpls., MN 55401. 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 Build'ang(s)" dated October 27, 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 Chaptex 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 November 27, 1995; and WHEREAS, the enforcement officer has posted a placard on the Sub}ect Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected 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 provisions of Chapter 45 of the Saint Paul L,egislative Code, of the time, date, place and purpose of the public hearings; and q�-�� 2 3 4 S 6 : 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, a hearing was held before the Legisiative Hearing Officer of the Saint Paul City Council on Tuesday, January 16, 1996 to hear testimony and evidence, and after receiving testunony and evidence, made the recommendation to approve the request to order the interested or responsible___ __ _ parties to make the Subject Property safe and not_ dexximent� to- t}ie=gubfic pea�e, safery and Fvelfa�e-a� �ezna�e its �rtfgIifing influence on the community by rehabilitating this structure in accordance with a11 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with a11 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, 3anuary 24, 1996 and the testunony and evidence including the action taken by the L,egislative 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 Ciry Council hereby adopts the following Findings and Order concerning the Subject Property at 1545 Reaney Avenue: 1. 2. 3. 4. 5. 6. 7. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 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). That the deficiencies causing this nuisance condition have not been corrected. That Pubiic Health has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by the VacantlNuisance 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 Councii hereby makes the following order: �`-�� 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 The above referenced interested or responsible parties shali 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 conecting all deficiencies as __. _ ---_ . _ _— prescribed in the above referenced Otdex to_Abate-�rsaaee-Bu�Ydi�gfs�`iii accoictauce with a� appticairle codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with ali 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 Heazing. 1 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 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 af such property as provided by law. 4. It is further ordered, that a copy of this resolurion be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Department of: sy: YT.�LG�-� �°�--� Form Approved by City Attorney By : �Q�'�/ ��Y!/Y`�'� � �.. � Approved by Mayor for Submission to Council By: �� Adopted by Council: Date t�\�{q_f Adoption Certified by Counci Secretary Public Health 298-4153 24, 1996 TOTAL # OF SIGNATURE PAGES 12-2 -95 GREEN SHEE� IN{TIAVDATE DEPAFTMENT DIPECTOR ASSIGN CT'ATTORNEY �— NUMBFAFON UDGEfDIRECTOR ROUi1NG a OflDER �pypp (pR ASSISTANT) � _ (CUP ALL LOCATIONS FOR SIGNATURE) q � -�� N_ 33867 .__ � - -- - wRUwt.s� � CRY CIFRK FIN & MGT. SERVICES D1q. �ww�eu: �.-�-_—_""-- - . - - - - - --' - - __ - — '- _ to pass-_Lhis--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 1545 Reaney Avenue, _ PLqplN{Nfi COMMISSION _. CML SERYICE CAMMISSION _ CiB COMMITTEE _ _ STAFF _. _ OISTRICTCOURT _ SUPPORTS WHICH COUNGIL O&IECTIVE? PERSONAL SERVICE CONTHACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has Mis personffirm ever worked under a contrect for this department? - YES NO 2. Has this personflirm ever been a ciry employee? YES NO 3. Does this person/Firm possess a skill not normally possessed by any curreM ciry employee? YES NO Esplain all yes answers on separate sheet antl attach to green sheet PROBLEM, ISSUE, OPPoRTUNITV (Who, What, When, Whare. W�y): 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 Offiaer were given an order to repair or remove the building at 1545 Reaney Avenue by November 27, 1995, and have failed to comply with those orders. The City will eliminate a nuisance. �y rr �r3 3 :. �: < . �aa� d.'�&.�:�s+a s �_ _.'g x � .,,� t'��3 � (� ., . �Y °=13i7 � d �„ .� IF APPAWED: 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. A nuisance condition will remain unabated in the City. This building(s) wi11 continue to blight the community. TOTAL AMOUNT OF TRANSACTION $ _ COSi/REVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDIWGSOURCE TT $f1111Si.I1Cj nhai-pmant ACTIVITYNUMBER Z3��+� FINANCIAI INFORMATION: (EXPIAIN) �� COMMITTEE REPORT: Date: January 16, 1996 Time: 10:00 a.m. ------- _ __ Place: Room 330 City Hall IS West Kellogg Boulevazd LEGISLATIVE HEARING Gerry Strathman L.egislative Heazing Officer Resolution ordering the owner to remove or repair the referenced building, loca[ed at 433 Cook Ave. E. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Of�cer recommends approval. Itesolution ordering the owner to remove or repair the referenced building, located at 160 Forbes Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Of�cer recommends approval. � Resolution ordering the owner to remove oz 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 Officer 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 Health is ordered to remove the building. Legislative Hearing Officer recommends approval. 5. Resolution ordering the owner to remove or repair the reference building, located at 6 1 Wells. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. (L!O by Council 12/27l45) Legislative Hearing Officer recommends approval. SAINT PAUL PUBLIC HEAl7H � � _� � Neai Ho(tan. .N.D.. MP.N.. Disector CITY d� SAINT PAUL .Norm Colemon. Mayor �r December 22, 199� NU/SA.VCE BL%GDINGS CODE 611-?98-4153 E.�'FORCEHfE.�7 SJJ Cedar Snee1 _ _ Saint.Paul A� i3[4I-336O----`--_—_—.-- -- NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Saint Paul Public Health, VacanUNuisance Buildings Enforcement Unit has requested ihe City Council schedule public heazings to consider a resolution ordering the repair or removal of the nuisance building(s} located at: 154� Reaney Avenue The City Council has scheduled the date of these heazings as fottows: Legislative Hearing - Tuesday, January 16, 1996 City Council Hearing - Wednesday, January 24, 1996 The owners and responsible parties of record aze: I�rame and Last Known Address Bankers Trust Company of Cailfornia Trustee c/o National Mortgage Company 4041 Knight Arnold Road Memphis, TN 38118-2128 Attn: Shelly S. Kopp Jose Martinez & Bobbi Jo Modick 121 Ariington Avenue East St. Paul, MN 55117 U.S. Attomey Attn: Federal Judgment 3-84CV-837 I10 South 4th Street Mpls., MN 55401 � Interest Fee Owner Tax Payer Judgment Creditor 9�-8� 1545 Reaney Avenue _ . .___-- - -- - rt - - _-___ - gecezri�er 22, 249� Page 2 The legal description of this properiy is: Lot 14, Block 7, Denslow's Rearrangement of Lots 5, 6, 7, 8, 9, 10, 11, 12, Block 2, Lots 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, Block 3 and Lot 11, Block 4, Cruickshank's Garden Lots. City of Saint Paul Public Health has declazed 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 parties to either repair, or demolish and remove this building in a time(y 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. Sinc ely, �� Charles A. Votel Program Supervisor Code Enforcement Programs Saint Paul Public Health CAV: mi 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