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91-1294 ORIGINAL r a . • „ , � ' • � Council File # � r`!o � Ordinance # Green Sheet # (� ORDINANCE r---. CITY OF SAINT PAUL, MINNESOTA �' � � � Presented By Referred To Committee: Date An Ordinance amending Chapter 45 of the Saint Paul Legislative Code pertaining to Nuisance Abatement THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That Chapter 45 of the Saint Paul Legislative Code is hereby amended to read as follows: 45.01. Declaration of Policv. The vurpose of this cha�ter is to rp otect the u lic health, safe and welfare � enactment of this ordinance which: 1 Defines nublic nuisances and nuisance conditions. 2. Determines � responsibilities of owners and operators of dwellin�s and ro ert for correction af nuisance conditions. 3. Provides remedies to eliminate public nuisances. 4. Provides for administration, enforcement and nenalties. 5. Promotes the stabilization and maintenance of nei�hborhoods. 45.0102. Definitions , �r}—bett",� �RI����. � �9���9� . � � . � � ���� �..�-��-i���.�„�-T—e� r .. ..i ..�� n..a.. -�'-__�____ __�_- . . �...F F.....,. L. ' b.• +.L. ' �- L. L...+. cau�e-�Gytv�-wrr'rcra—crrC--�tzc'rS�c@-3�t�-�n c-ir��c @�—&3 �4�-��2�-1��--6�1`l��2���f�2�r . . ,..+.,,..,..�.,,..,. �.,i..; ..i.. • ,.�-.....a-. .,i i. a-.,.......,,...,,.. a... ..w... � ,. ,-. .,...,.. --- �---'=--- °°-°--°° --°•----- �_.-- - - i - -- r- 1 �----'- - r------� 6i���6��}-14E'�-L���--��--i�6'.. i : ;.�...a �,.� �9}�3�2�@-G 6-��S2-�-9�� ^�z�e�s, e�a;o=es, �e�e�Ps, s i�i�e��a�r���� t-��--��ri e�-z�-r-e-�-ee�e--e�����e� €a3�i��� , s� ' . , ��-p a-��e�-es, e�-�e e�€s °-�� _a_�e-��e-e�s���e-a-�r�,��a�e-e�}e�e�e�a�s e�F2 �_ Subd.�41. Enf orcement of f icer. Enf orcement of f icer shal l mean the director of the department of community services, the director of the department of fire and safety services, the director of the department of police, or their duly authorized representative. Subd.�i2 . Extermination. Extermination shall mean the eradication of rodents and other vermin by any or all approved methods such as poisoning, fumigation, or trapping. Subd.�3 . Hazardous waste. Hazardous waste shall mean any waste material so defined by Minn. Stat. 116. 06, Subd. 13 or described or listed as hazardous waste in Minn. Rules Chapter 7045, known as Minnesota Pollution Control and Hazardous Waste Division Hazardous Waste Rules. Subd.�4 . Interested party. Interested party shall mean any owner of record, occupying tenant, or lien holder of record. Subd.SS. Last known address. Last known address shall mean the address shown on the records of the Ramsey county department of property taxation or a more recent address known to the enforcement officer. In the case of parties not listed in these records, the last known address shall be that address obtained by the officer after a reasonable search. Subd.36. Mail. Service by mail shall mean by depositing the item with the United States Postal Service addressed to the intended recipient at his or her last known address with first class postage prepaid thereon. � ORIG��� �9���q� � . , , � i��� Subd.�-97. Noxious substances. Noxious substances shall mean substances, solid, fluid or gaseous odors which are objectionally odorous, ����~��-•�, detrimental to health, hurtful, or dangerous. Noxious substances shall include but not be limited to any dead animal, or portion thereof, putrid carcass, decayed animal matter, green hides, or any putrid, spoiled, foul, or stinking beef, pork, fish, offal, hides, skins, fat, grease, liquors, human or animal excrement, or manure. Subd.8. Nuisance buildina. A vacant buildina or portion of a vacant buildina as defined in Chapter 43 . 02 which has multiple Housina Code or Buildincr Code violations or has been ordered vacated � the Citv and which has conditions constitutina material endangerment as defined in Saint Paul Legislative Code Chapter 34. 19 , Section J� or which has a documented and confirmed historv as a blighting influence on the community. Subd.�9. Owner. Owner shall mean those shown to be owner or owners on the records of the Ramsey county department of property taxation. Subd.3-�10. Personal service. Personal service shall mean service by personally handing a copy to the intended recipient or by leaving a copy at the intended recipient's residence or place of business with a person of suitable age and discretion. Subd.-�11. Privy. Privy shall be any type of non-flush fixture for the receipt and storage of human waste including fixed units with vaults as well as portable units. Subd.3412 . Property. Property shall mean any parcel of land whether vacant or not, whether any structure thereon is occupied or not, or whether submerged or not. Subd.3ss13 . Refuse. Refuse shall mean putrescible and non- putrescible and combustible and non-combustible waste, including paper, garbage, material resulting from the handling, processing, storage, preparation, serving and consumption of food, vegetable or animal matter, offal, rubbish, plant wastes such as tree trimmings or grass cuttings, ashes, incinerator residue, street cleanings, construction debris, detached vehicle parts, and solid industrial and market wastes. Subd.�-614 . Responsible party. A responsible party shall be any one or more of the following: � V KIC�I I�`� _: . . ��r�ia�� � � � � � �7��� (a) agent, (b) assignee or collector of rents, (c) holder of a contract for deed, (d) a mortgagee or vendee in possession, (e) receiver or executor or trustee, (f) lessee, (g) those listed as owners on a vacant building registration form submitted to the building code officer under Chapter 43 of the Saint Paul Legislative Code, listed on the vacant buildina registration form or otherwise known to the enforcement officer as havina an ownership interest, or (h) other person, firm, or corporation exercising apparent control over a property. 1-a��'R��rs Subd.3�15. Weeds. Weeds shall mean �' � �a *���„'�, � ;�e e�--�l�e�---a s E�ee�rr�e�,,r wur��u�a-e G}��um��e mu"st-&1-��'vvz-=��-�'�-�a-"'t'aa�w-a.z'C�6t�'3� n.......a� .. ��t:'r���6��E--��`'��1�1-G}f—�i�3S�� c�,.........i....,,.,.a� �a ",.��; �-'�� ��-' � and include not onlv such noxious weeds as are enumerated in Agriculture Rule 1505. 0730 of the State of Minnesota Rules, but also such useless and troublesome plants as are commonlv known as weeds to the general public that are over eiqht � inches in height. 45.9�03 . Nuisance. A nuisance shall mean any substance, matter, emission, or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety, or sanitary condition of the city or which is offensive or has a blighting influence on the community and which is found upon, in, being discharged or flowing from any street, a11ey, highway, railroad right of way, vehicle, railroad car, water, excavation, building, erection, lot, grounds, or other property located within the City of Saint Paul. Nuisances shall include but not be limited to those set forth in this section. . . ��eg�-s�e�ed-�s tra-�-�e-C-���e�43 e€�Y�e-6�-i�r}�� r .. ..1 -.�-; n,-,a r. --7----'-- ' - ------ Subd.�-61. �=��e�-�t-�tt�t�eJ-�nge�e�ts ^*��-.,^�-„Y�� ��t��e�re��e��s�e�e��s���-�e-��a�t e�-4� � t--��;��t��a�-��g� ��ro=e-�� Dangerous � �RiC�A�� � , �y�-�a�� . � � � ,���� structure. A structure which is potentially hazardous to ,persons or ,propertv includina but not limited to• � a structure which is in danger of partial or complete collapse; or � a structure with a� exterior parts which are loose or in danger of fallina; or �, a structure with anv parts such as floors, porchest railings, stairs, ramps, balconies, or roofs which are accessible and which are either collapsed, in danqer of collapsinct, or unable to support the weight of normallv imposed loads. Subd.332 . Fire hazards. Any thing or condition on the property which in the opinion of the enforcement officer creates a fire hazard or which is a violation of the Fire Code. Subd.�-3 . Firewood. rn-r�-2����rr�-iTr-�}f�SS-��cv-vcc�rE'-i ccc s�e�e�e�es����� 8-€ee��e--����s�rs ed--€ei°-�n� ��a�-e�}��es-e€��e�a�e e�#�g�re���Te^�-r�e� �e-��e�e�-e;o��e-»-�€�e��-�e��e��es AzTrr2i�wa s�e�e�-�-es���-h-i�re�res e�€-�e-�e�� P i 1 e s o f wood cut for fuel which are detrimental to the health, safetv and welfare of the public because of conditions includina but not limited to improper or unsafe storage, unelevated ip les of wood, excessive quantities, conducive to vermin harborage, and more than five � feet in height or closer than ten 10 feet to a habitable buildina. Subd.�4. Grass and Weeds. Grass e�� which ��e has grown upon any property to a height of eight ,�81, or more inches or weeds. Subd.i-�-5. Hazards. Any thing or condition on the property which in the opinion of the enforcement officer may contribute to injury of any person present on the property. Hazards which shall include but not be limited to open holes, open foundations, open wells, dangerous trees or limbs, abandoned refrigerators, or trapping devices. Subd.�46. Health hazards. Any thing or condition on the property which in the opinion of the enforcement officer creates a health hazard or which is a violation of any health or sanitation law. n„i..a� o � �wui�i��d��l-Z�S. ��31�' � i} i.. • r,ti, t....�,,. u.,.....,,... d`3�3-.c�S—'vdrrt�rr—rru^v c—r�ccv�c �.c..,.. � � ,. ._,ti...,,.,. 6rrcrrSz'�ozE'—���1�@�o�-�S�-6i��c�3�=' -•--�-�vr�—�3uai t-�e-�e�s es-a�e-��e��a�-e�-��e-�e�-e�-ea-�re�a-����_ �tee�: � U1�IG!��� � qi��a9� . � . ir�// Subd.7. Nuisance buildina. A� buildina or portion of a buildina which is a nuisance as defined in Chapter 45. 02 . Subd. 8. Rank plant growth. Overgrown, uncontrolled veqetation, shrubs, trees, vines that are conducive to the accumulation of refuse, debris or the harboraae of vermin. Subd.�9. Refuse, noxious substances, hazardous wastes. Refuse, noxious substances, or hazardous wastes laying, pooled, accumulated, piled, left, deposited, buried, or discharged upon, in, being discharged or flowing from any property, structure, or vehicle; except for: (a) refuse deposited at places designated and provided for that purpose by the Saint Paul Legislative Code; (b) refuse stored in accordance with provisions of the Saint Paul Legislative Code or vehicle parts stored in an enclosed structure; (c) compost piles established and maintained � ��e�–�e�rss-�e-�–€�e��a–in accordance with the regulations of, n���n Chapter 357 of the Saint Paul Legislative Code. (d) dead animals buried with written permission from, and in accordance with the regulations of, the division of public health; or (e) green hides received, stored, dressed, packed, or sold with written permission from, and in accordance with the conditions set by, the division of public health. Subd.�10. Sanitary structures. Structures for sanitation such as privies, vaults, sewers, private drains, septic tanks, cesspools, drain fields which have failed or do not function properly or which are overflowing, leaking, or emanating odors. Septic tanks, cesspools, or cisterns which are abandoned or no longer in use unless they are emptied and filled with clean fill. Any vault, cesspool, or septic tank which does not meet the following criteria: (a) the bottom and sides are cemented to make impervious to water, (b) the bottom is at least six feet below grade, (c) proper ventilating pipes and covers are provided, (d) it is properly located in accordance with a�plicable Minnesota State Statute and Saint Pau 1 Ord i n ance s, �—�-e as�---�-9—€ee���e�t--a�¢ �i-e�rs e;�e�s�e�e�-ce���-��, e�H�re–s�ee� (e) it is cleaned at least once a year, and 5 ORIGONAL �y�-�a�'y . �7P�/ (f) the property served is located such that connection to the public sewer is impractical. Subd.�!-11. Stagnant water. Stagnant water standing on any property. Any property, container, or material kept in such a condition that water can accumulate and stagnate. Subd.3ss12 . Statute and Common Law Nuisances. Any thing or condition on property which is known to the common law of the land, the Statutes of Minnesota, or the Saint Paul Legislative Code as a nuisance. Subd.313 . Unsecured unoccupied buildings. Unoccupied buildings or unoccupied portions of buildings which are unsecured. Subd.�,14 . Vermin harborage. Conditions which in the opinion of the enforcement officer are conducive to the harborage or breeding of vermin _�=,�a��� ---� M��e�a-�s—��eTe�j s ���—��--i-�re��—e€�t�i� ��• Subd.G15. Vermin and other animal infestations. Infestations of vermin such as rats, mice, squirrels skunks, snakes, bats, grackles, starlings, pigeons, bees, wasps, cockroaches, or flies; except for bees or pigeons kept with written permission from, and in accordance with the regulations of the division of public health. 45.6304 . Violations. Subd. l. No person shall, directly or indirectly or by omission, create a nuisance. Subd.2 . No owner or responsible party shall allow a nuisance to remain upon or in any property or structure under his or her control. Subd. 3 . No owner of any truck, trailer, railroad car or flat, or other vehicle shall leave the vehicle standing on or along any street, highway, freeway, or railroad track, or other property within the City of Saint Paul carrying or containing any refuse, noxious substance, or hazardous waste, except as otherwise permitted by the Saint Paul Legislative Code. 45.8405. Disclosure of responsible party. Upon the request of the enforcement officer or the city clerk, a responsible party or owner shall disclose the name of any other responsible party or owner known to him. This shall include but not be limited to the persons for whom s/he is acting, from whom s/he is leasing the property, to whom s/he is leasing the � ORIGINA� , �,�y, ,z9�' . ,�, property, with whom s/he shares joint ownership, or with whom s/he has any contract pertaininq to the real ,property. ��-:e�—��ee�e�►--e . e�r€e��e�e�—e-€€��e���e;o�-�e—t�e—e-€€�e��r �i t� a�ee�ss—�e—ai� �e�-c��- r==�=e�s �-�a�—��e�e�-�-e��tt��i-�r�--�-e�r-�P r }= r==="=} 45. 06. Order to cease. In the event that an enforcement officer observes a person creating a nuisance, the officer may, after presenting proper identification, order that the person cease and desist creating a nuisance. 45. 07 . Enforcement officer authorized to enter. The enforcement officer shall be authorized to enter any property or structure in the city for the purpose of enforcing and assuring compliance with the provisions of this Chapter. An owner or responsible partv shall , upon the request of the enforcement officer, provide access to all interior portion of a buildina in order to permit the officer to make a complete inspection. 45. 08. Authority to Abate. Subd. i. The city is authorized to abate nuisances in accordance with the procedures set forth in Sections 45. 10, 45. 11, and 45 . 12 . All abatement costs incurred shall be charged against the property as a special assessment to be collected in the manner provided for in the City Charter, Chapter 14 , except when a request is filed for a review of an emergency abatement the assessment hearing shall be replaced by the hearing provided for in section 45. 12 . Subd.2 . Abatement may include but shall not be limited to removal, cleaning, extermination, cutting, mowing, grading, sewer repairs, draining, securing, boarding unoccupied structures, barricading or fencing, removing dangerous portions of structures, and demolition of dangerous structures or abandoned buildings. Subd. 3 . Abatement costs shall include the cost of the abatement; the cost of investigation, such as title searches, inspection, and testing; the cost of notification; filing costs; and administrative costs. 45. 09. Service. When service of an order or notice is required, any one or more of the following methods of service shall be adequate: � �����t�,A� C� 9���a9� /7�6/ Subd. i. by personal service; or Subd.2 . � certified mail, throuah the U. S. Postal Service; or Subd.�3 . by U. S. mail, unless it is a written order which gives three days or less for the completion of any act is requires; or Subd.34. if the appropriate party or address cannot be determined after reasonable effort, by posting a copy of the order in a conspicuous place on the property. If a mailed order or notice is returned by the United States Postal Service, a good faith effort shall be made to determine the correct address, unless the order or notice orders abatement and that abatement has been completed. 45. 10. Abatement procedure. Unless the nuisance is as described in Sections 45. 11 or 45. 12, the city may abate the nuisance by the procedure described below. Subd. l. Order. The enforcement officer shall serve a written order upon the owner. The written order shall also be served upon any responsible party known to the officer and may be served upon any party known to have caused the nuisance. The written order shall contain the following: (a) a description of the real estate sufficient for identification; (b) a description and location of the nuisance and the remedial action required to abate the nuisance; (c) the abatement deadline, to be determined by the enforcement officer allowing a reasonable time for the performance of any act required; (d) a statement that the order may be appealed and a hearing before the City Council obtained by filing a written request with the city clerk before the appeal deadline which shall be the abatement deadline designated in the order or seven calendar days after the date of the order, whichever comes first; and (e) a statement that if the remedial action is not taken nor a request for a public hearing filed with the city clerk within the time specified, the city will abate the nuisance and charge all costs incurred therein against the real estate as a special assessment to be collected in the same manner as property taxes. Subd. 2 . Setting hearing date. In the event that an appeal is filed with the city clerk, the City Council shall within two weeks fix a date for a public hearing. � �RIC�i�IAI ��,� �,�9� � � � �7��� Subd. 3 . Notice of hearina date. In the event that an appeal is filed, �the city clerk shall mail a notice of the date, time, place, and subject of the hearing to the owner and known responsible parties. The city clerk shall also mail the notice to a citizen participation district council for the district where the nuisance is located requesting that it notify the surrounding property owners and occupants. The city clerk shall also notify the �-�-�re� enforcement officer. Subd.4 . Hearing. At the time of the public hearing, the City Council shall hear from the enforcement officer, and any other parties who wish to be heard. After the hearing, the City Council may confirm or modify the order of the enforcement officer. In either case, if the Council's determination requires abatement, the City Council shall, in the resolution, fix a time within which the nuisance must be abated and shall provide that if corrective action is not taken within the time specified, the city may abate the nuisance. The city clerk shall mail a copy of this resolution to same parties required to be notified in Subd. 3 of this Section. Subd.S. Abatement. If the remedial action is not taken nor an appeal filed within the time specified, the city may abate the nuisance. 45. 11. Substantial abatement procedure. When the enforcement officer determines that a nuisance exists on a property and the cost of abatement of the nuisance is estimated to exceed �e three thousand dollars or the abatement involves demolition of a building other than a structure accessory to a residential building or the abatement substantially diminishes the value of the property and except in the case of an emergency as provided for in Section 45. 12, the city shall abate the nuisance by the procedure described below. A good faith estimate of the abatement costs, not the actual cost calculated after the abatement is completed, shall be the basis which determines whether this abatement procedure shall be used. Subd. 1. Orders. The enforcement officer shall serve a written order upon the owner, all interested parties, and any responsible party known to the officer. The order shall contain the following: (a) a description of the real estate which is sufficient for identification and which shall include the legal description; (b) the location of the nuisance on the property; (c) a description of the nuisance and the basis upon which it is declared to be a nuisance; (d) the remedial action required to abate the nuisance; and � �RIGINA�. �- �% ��q� � ���� (e) the abatement deadline, to be determined by the enforcement officer allowing a reasonable time for the completion of any act required; (f) a statement that if the remedial action is not taken before the abatement deadline, the matter will be referred to the City Council who, after a public hearing, may order the city to abate the nuisance and charge all costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Subd. 2 . Notice to public. When an order requires, exclusively or as an option, the demolition of a building, the public shall be put on notice as follows. -�?-�T-�-e-e�-€-e���e�e�r�-e-�-€��e,� ,.�..., , ,.��_t-l�.e--E�� �e�e�-�e-€-e,ac I��e�e��� s�-�ec� '�.. a���, ;}� e�r-el�r--�--Te3�e�:T—��^�-=�Tt-� t-�iz--���e��� e�r�e�-s�-a-�-�s�t�-�e-��-e--E�-�-Ee�e�-a--�ts�e� ��-}��e��-t�es-t�r��-�ra=oze-�ee e�e-s��-e���e-� Qezir6z�-'r�'c'r6-�-0�'�c�z�'d-z-=�����ai�rti'n` iT��i��6i nc �e�Tes��-re�--�-ee�a��g t�i��ai ..F..M.. ��- a e-�re�a-s �e e��c�e�l--a-��-t-�i���-a�-r==�� e��e�-�rtt-�a-��e-s ��e-�e�t-�a�►-e��e�-�ras--�ee�r-�-s stre d-�e�ng�e . ' � a�e�-v�t-�1�s—�r-E�^ c: �e �-i.... n a r� .. ..r �-e�--Ei-�---�����s--�e s e��-e�t--s#�i-i r��l�rd� �e--�-eg�--�-e-s e�.�-e�--e�€-ea-e�-��e}�e��r�' ���r a��-e��-e a-�-�e��--���e��-e�-e�}c�e-��-� c�e��-e��e-�es e3�}e�Pr���«e-�Ee��e c e�e�e� � The owner or anv responsible partY is required to provide full written disclosure of the order to abate to all interested parties, all ,present or subsequent renters, and a� subsecLuent owners. � The owner or anv responsible party is required to provide full written disclosure of the order to abate in a complete Truth-in-Sale of housina report to anv subsequent owners per Saint Paul Legislative Code, Chapter 189. � The enforcement officer shall post a placard in a conspicuous lp ace which declares the property a "nuisance buildina" which shall include the followina: � Name of the Citv; L2,� The name of the authorized department havinct -jurisdiction; � The chapter and section of the ordinance under which it is issued; � C)RfCiNAI. 9,-�a�'� � � ,7l'�O � A statement declarina the property to be a nuisance condition and subject to demolition; � The date that the placard of nuisance condition is postedi � A statement of the penalty for defacina or removal of the placard. � The enforcement officer shall file a cOpy of the order to abate with the Ramsev Countv Recorder. � The enforcement officer shall notifv the Citv Clerk � sendina a copv of the order to abate to the Citv Clerk. � The Citv Clerk shall notifv the Citv Council and cause to be published on the Council aaenda the addresses receivina orders to abate. Subd. 3 . Setting hearing date. If the remedial action is not taken within the time specified in the written order, the enforcement officer may notify the City Council that substantial abatement is necessary and appropriate. Upon being notified by the �'=r�=}�=„'� enforcement officer, the City �� Clerk shall, within two weeks, fix a date for an abatement hearing for the Citv Council. Subd.4 . Notice. Written notice of the time, date, place and subject of the hearing shall be given as set forth in this subdivision. (a) The city clerk shall immediately notify the enforcement officer. �k; �-t� -i-=,-,�$ ±�==}j' �z�S--�i�-6�—�9—��e--�G a�3���@ eme��ce�e-�r�e€€��e�--s�.•� � ; � ,.•vzrcc—�6—iz �'�(�'_"_r,--�-�-T-G}�-�-6�1--a' "z�ct=rE��-G A���A�@ �`'-}cz'�Te�---7rrF�'3-e-��-�i: ��S c3irc@--'r� �e cu-�ca � At least ten calendar days prior to the hearina, the enforcement officer shall notifv the owner or his dulv authorized representative � personal service of the notice of hearina and all interested �arties or their dulv authorized representative � certified mail. If, after reasonable effort, service cannot be made, either of the followina methods of notice shall be considered adeq_uate. (1) confirmed mail service which is either certified mail with signed receipt returned or first class mail confirmed by written response. -3-2- OROG���A !.. 9, i� �'� � r �7�'�O (2) mailing the notice to the last known address and publishing the notice once a week for two weeks in a newspaper of general circulation in the City of Saint Paul and posting the notice in a conspicuous place on the building or property. (�c) At least ten calendar days prior to the hearing, the enforcement officer shall notifv the Heritaae Preservation Commission if the nuisance buildina is located in a Heritaae Preservation District. �„ The Citv Clerk shall notifv the Citv Council and cause the notice of ,�ublic hearina to be ,published on the Council actenda. Subd. S. Hearing. At the time of the public hearing, the City Council shall hear from the enforcement officer and any other parties who wish to be heard. After the hearing, the City Council shall adopt a resolution, describing what abatement action, if any, � the council deems appropriate. If the resolution calls for abatement action � the council may either order the city to take the abatement action or fix a time within which the nuisance must be abated in accordance with the provisions of Chapter 33 of the Saint Paul Legislative Code and provide that if corrective action is not taken within the specified time, the city shall abate the nu i s a n c e. T-l�e-�i-��--��er-3t-�r�a'�-g i-���e$��e��� �es e��-e�-�e--�e-��-r��e�-id�1-e S#�1 1 m�i � EsE)r 7 P_R t n a�-e�e--�-a��es�-e���e�e--�e--�e�€�e�--�.. "„wa. " Subd. 6. Notice of Citv Council action. The citv clerk shall ctive a copv of this resolution to the enforcement officer who shall serve copies to an of the parties recLuired to be notified in Subd. 4 . 45. 12 . Emergency abatement procedure. When the enforcement officer determines that a nuisance condition or a dangerous structure as defined in Chapter 43 . 02 exists on a property �„a '-'�� � � which constitutes an immediate danger or hazard which if not immediately abated will endanger the health or safety of the public and there does not exist sufficient time to follow the procedures of 45. 10 or 45. 11, the city may abate the nuisance by the procedure described below. Subd. l. Order by mayor. The city shall order emergency abatement by an administrative order to be signed by the mayor. A good f a i th e f f ort sha 11 be made to inf orm the owner that the action is being taken. Subd.2 . Notice of the abatement. Following an emergency abatement as soon as the costs incurred are knownj �e � �RlC�►��I�� . � �,_ ,a�� . , . � ,7�G� the enforcement officer �e shall serve written notice upon the owner. The notice shall contain: (a) a description of the nuisance, (b) the action taken by the city, (c) the reasons for immediate action, (d) the costs incurred in abating the nuisance, and (e) a statement that the owner may request, by writing to the city clerk within ten working days of the date of the notice, a hearing at which the City Council shall review the actions taken by the department. Subd. 3 . Setting hearing date. In the event that the owner files a request for a review of the action, with the city clerk, the City Council shall within two weeks fix a date for a public hearing. Subd.4 . Notice. The city clerk shall notify the department and the owner of the date, time, place, and subject of the hearing. Subd. 5. Hearing. At the time of the hearing, the City Council shall hear from the enforcement officer and any other parties who wish to be heard. After the hearing the City Council may adopt a resolution levying an assessment for all or a portion of the costs incurred by the ���e�-� citv in abating the nuisance. A copy of the resolution shall be mailed to the owner. A copy shall also be given to the �=r�=*����*� enforcement officer. 45. 13 . Penalty. Any person who violates any provision of this Chapter or fails to comply with a lawful written order issued pursuant to Sections 45. 10 or 45. 11 or a lawful verbal order issued pursuant to Section 45. 06 shall be guilty of a misdemeanor. Each d� durina which a� noncompliance or violation continues shall constitute separate misdemeanor offenses. 45. 14 . Other remedies. The time limits specified in any order issued under Section 45. 11 is the applicable time period for completion of the rehabilitation and shall supersede all other time limits from Chapter 33 and 43 . Nothing in this Chapter shall be construed as relating to Saint Paul Legislative Code, Chapter 113 pertaining to snow removal or Chapter 163 pertaining to abandoned vehicles. �-4 oR����v��. . � , . . . � ��� %��'�` ,���� Section 2 . This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. Yeas Navs Absent Requested by Department of: Dimond o�z u� �onq Maccabee ti ettman � u� i,�'iTson � By: Adopted by Council: Date AUG 1 3 1991 Form Approved by City Attorney Adoption Certified by Council Secretary ��' ��� �'/,r/�� By: � sy: ..�, �" ��,l--C.�l�'��-.1 Approved by Mayor for Submission to Council Approved by Mayor: Date AUG 1 5 1991 By: . ���/ 9 By. �SItEO AUG 2 4 91 ., . .� �. , �yi���� DEPARTMENT/OFFl�UMqL• � � DATE INITIATED e �� - u��.�.� Hea],th 6-,z�-s� GREEN SHEET No. �04��DATE CONTACT PERSON 3 PHONE �DEPARTMENT OIRECTOR �GTY COUNCII Judy Barr 292-7718 �� �prv�rroAr�r � y �, ❑crty c�r�c MUST BE ON COUNCIL AOENDA BY(D/1TE) ROUTIN�i �BUOOET DIRECTOR �FIN.�MOT.SERVICE3 DIR. .�1�1YOR(OR AS818TANn ❑ TOTAL#�OF 81ONATUF�PAGE8 � (CLIP ALL LOCATION8 FOR SIQNATUi� ACTION REOUE8TED: City Council adoption of changes to Chapter 45 - N�sisance Abatement Ordfinance. RECOMMENOATIONS:Mpove W c►Ayect(f� COUNCN. REPORT OPTIONAL _PLANPNNNO OOAM�AI8810N _CNIL BERVICE CO�A16810N ANALY8T PHONE N0. _G98 WMIMIITEE _ _BTAFF COMMENTS: _DISTAICT OOURT _ SUPPORTS VVMICN WUNpL OBJEC71NE7 i�nNO�.iseuE,�u�arv Mmo,w�.wnsn,wnns.w�M: The 3PR Code Enforcement Committee has rev3ewed changes to the Nu3sance Abatement Ordinance and recommends these cY►anges wtiich wi11 1� clarify deftnition�, 2) streamline substantial abatement procedures and 3) institute •more practica2, ef�ective not3ficat�on procedures. ncv�wr�oES��r�ovEo- The process for abating nuisances w311 be improved and deffnition�� of nuisances wi1l be clearer. DISADVANTAOES IF APPROVED: None DISADVANTAQE8IF NOT APPROVED: The nuisance abatement process w3.11 rema3n the same despite recommendations for improvement. TOTAL AMOUNT OF TRAN�CTION i None �T���p�ep�E ON6� YE8 NO FUNDINO SOURCE ACTIVITY NUM�ER FlNANCIAL INFORMATION:(E7(PLAIN) d�u , � . � ' - • � . . ,. �, `. �,x . . � _ �r�,�. �i y_ � � � � - . NOTE: COMPLETE OIRECTIONS ARE INCLUDED IN THE aREEN SHEET IN8TRUCTIONAL MANUAL AVAILABLE IN THE PURCHASINti OF�ICE(PHONE N0.296-4225). ROUTIN(3 ORDER: Bslow are profsrred routkps for ths flw most frequsnt types of documents: CONTRAGTS (anuraos auttadzed OOUNqL RE80LUTION (Art�end, Bd�s./ budgst sxists) Accept.(irerns) 1. Outside Agency 1. Dspartment Director 3• �qtY AttcrnmY � 3. qt�Attomey 4. Msyor 4. Mayor/AssistaM 5. FlnanCS d�M�mt 9MCS. Dtr�ctOr S. dty GOUndf 8. Finence 11�oouMi�g 6. CMef Accountant� Fln d M�mt Svcs. ADMINISTRATIVE ORDER (�, OOUNqL RESOLUTION ��)�� �, q���� t. Initiatlnp DepartmeM Director 2. DspaRrr►ent AccouMaM 2• �Y�^eY 3. D�partnNnt Director 3. MayoNMsistant 4. Budpet DUecto► 4. dty CoUhcll 5. Cdty Gerk 6.. Chbf Aocou�nt.Fln�Mpmt Sves. ADMINtSTRATIVE�ADERS (ell others) 1. Initiatln�D�putmsnt 2. qty Attorney . 3. MayoNMelehrK 4. City(�k TOTAL NUMBER OF 3KiNATURE PAOES Indk:ate ths N of p�a�whfch siynatures ere roquired and erd,p esah of thess ap�ss. _ ACTION REGUESTED Dsscribe wlau ths proj�tMsqusst ss�ka to accompliah in sither ch►onologa c,al order or order of importanos,wMdbver is mwt��iate ior ths i�. Do rwt writs compl�M tenterx�es. Begin sach ft•rn in your list with a verb. RECOMMENQATIONS Complste N ttu iss�e in qu�ion hes besn p�eeMed betore any body� Pubiic a prNrats. 3UPPORTB WHICH COUNqI 08JECTIVE? Indk�de which CouncH obJ�Ctiv�(s)Y�+�P►ol�fe4��+PP�bY��9 the kay word(s)(HOU�NO, RECREATION,NEICiHB�iH00DS, ECONOMIC QEVELOPIiAENT, BUDCiET, SEWER SEPARATION).(SEE OOMPLETE LIST IN INSTRUCTIONAL MANUAL.) C�UNqL OOMMITTEFJRESEARCH REPORT-OPTIONAL AS RE(�UESTED 8Y COUNqL INI'MTIN(i PROBLEM,133UE,OPPORTUNITY ExpNin the aituation o►oondiUons thet cre4ted a need tor your proJect or roqusst. ADVANTACiE81F APPROVED I�e whethsr thfa fe siropy an annwl budpst procsdure requirod by law/ c1�Mr or wfMthsr tF�srs aro specific wa in which the CHy of Seint Paul and Its c�tizens will bsnNit from this pro�d/actbn. DISADVANTACiE3 IF APPROVED What nspatMs sffects or major changsa to existin�or past proceases mbht thts project/requsst produce M M is pa�sed(s.g.�traHic dslaya� nase, tax I�xxeas�s or asNSSmsMs)?To Whom?Whsn? For taw lon�? DIBADVANTA(3E3 IF NOT APPROVED Whd will bs tM nspative t�nsequen�if ths promfeed action is not epprovsd?InabilMy to dNiwr s�rvice4 Contlnued high traiHc.noiae, a�xidsnt rete4 Loas of►�venus? FINMICIAL IMPACT Althouph you must taGor ths inforrtiation you provide here to the issue you �re addro�iny, in�en�nl you must anavrsr two qu�tions: Fbw much is it �oing to cost4 Who is�oing to pay? - . .� . � � �,�tz r� . , . . . . CITY OF SAINT PAUL "�����"n OFFICE OF TI�CITY COUNCIL DAVE THUNE Members: Counc�7member Dave Thune. Chair Janice Rettman Roger Goswitz Date: July 18, 1991 COMMITTEE REPORT: Date: July 17, 1991 Time: 2:00 p.m. Place: Council Chambers 3rd Floor City Hall NEIGHBORHOOD SERVICES COMMITTEE 1. Approval of July 3, 1991 meeting minutes. APPROVED. 2. Resolution - 91-522 - reaffirming approval of the Lillydale/Harriet Island Master Plan and approving transmittal of Master Plan and its revisions to Metropolitan Council for review and approval and authorizing the City to apply for grants, permits and agreements. RECOMMEND APPROVAL AS AMENDED. . 3PR COMMITTEE: A. An Ordinance amending Chapter 45 of the Saint Paul Legislative Code pertaining to Nuisance Abatement. RECOMMEND APPROVAL. B. An Ordinance amending Chapter 43 of the Saint Paul Legislative Code pertaining to Vacant Buildings. RECOMMEND APPROVAL. C. An Ordinance adding a new Chapter 192 to the Saint Paul Legislative Code establishing a Rental Housing Disclosure program. RECOMMEND APPROVAL AS AMENDED. D. An Ordinance adding a new Chapter 35 to the Saint Paul Legislative Code pertaining to Responsible Party Disclosure in Rental Housing. RECOMMEND APPROVAL. 4. Appeal of a Summary Abatement Order for the property located at West of Atlantic Street, Applicant - Glacier Park Company. RECOMMEND DENIAL OF THE APPEAL WITH A COMPLIANCE DATE OF OCTOBER 1, 1991. 5. Appeal to a Summary Abatement Order for property at: 2075 Cottage Avenue East, Applicant - Lila Talvitie. RECOMMEND DENIAL OF THE APPEAL. CITY HALL SEVENTH FLOOR SAINT PAUL,MINNESOTA 55102 612/298-5679 s�aa Printed on Recycled Paper - • • ' , - 6. Appeal to a Summary Abatement Order for property at: 499 Maryland Avenue East, Applicant - John Davidson. RECOMMEND DENIAL OF THE APPEAL. 7. Resolution - ordering the owner to remove or complete the repair of the referenced building, located at 266 Fry Street (aka: 260 Fry Street) . If the owner fails to comply with this resolution, the City will be authorized to remove the building. RECOMMEND DEMOLITION WITNIN 10 DAYS. 8. Resolution - ratifying assessment of benefits, cost and expenses for summary abatements for the following: • Administrative Costs Incurred by Community Services notifying property owner to repair or demolish structure on their property; File #J9107C, Assessment #9422. RECOMMEND TO STRIKE. 9. Resolution - ratifying assessment of benefits, cost and expenses for summary abatements for the following: • Repair of Sewer Service Connections for 1989/1990; File #SSA9101, Assessment #9421. RECOMMEND APPROVAL. 10. Resolution - ratifying assessment of benefits, cost and expenses for summary abatements for the following: • Summary Abatements (Property Clean-Up) From mid-January thru mid- March, 1991; File #J9105A4, Assessment #9430. • Summary Abatements (Property Clean-Up), Snow Removal and/or Sanding Sidewalks for the period from February thru mid-April , 1991; File #J9106AA, Assessment #9431. 769 W. UNIVERSITY AVENUE--RECOMMEND TO STRIKE. RECOMMEND APPROVAL OF RATIFICATION ON ALL OTHER PROPERTIES. 11. Resolution - ratifying assessment of benefits, cost and expenses for summary abatements for the following: - • Diseased trees, Logs, Brush and Stump Removal for the 1990/1991 Dutch Elm Season. (Assessments over $135.00); File #9101T, Assessment #9028. • Diseased trees, Logs, Brush and Stump Removal for the 1990/1991 Dutch Elm Season. (Assessments under $135.00 and Exempt properties)); File #9102T, Assessment #9027. RECOMMEND APPROVAL OF RATIFICATION ON ALL PROPERTIES. f� �� . , ; �, -��; . ------ . . - ._- ; -.---__ ; � _ . � " lst �/ �� "' ��`• . . �2nd �' �'Gl�.��� � . - � • � . , . - . 8��- 9� ' - 3rd �'"�d - �l� Adopted ' -� 3 _`t � � � Yeas Nays _ - - - DiMOrm �c y'_ ��9� _ GOSWITZ � ���0� � :LONG - - MACCABEE - _ . RETTMAN THUNE � - - - . � - MR. PRESIDENT� WILSON � ;° . : . . . . - _ . . _ , _ _ , . . - - - . . . ,. � . _ , . _ �. ., ��- �� �� C1TY OF SAINT PAUL ��qi��li�i�ii f` � - OFFICE OF THE CITY CUUNCIL JANICE RETTMAN JOE COLLINS Counclperson I.egislative Assistant KATHY ZIEMAN Legislative Assistant July 25, 1991 MEMORANDUM To: Members of the City Council Fr: Councilmember Janice Rettman � � Re: 3PR Recommendations for the attaehed ordinance revisions or additions Members of the City Council, it gives me great pride to present to you a synopsis of the attached ordinances; and to tell you of the incredible work rendered by members of the 3PR (Property Rights, Property Responsibilities, and Property Remedies) Committee. Since the last report to you literally hundreds of hours have been spent by the subcommittees and general committee to reach consensus and to have recommendations that would further assist our neighborhoods in the quest to protect their property values and the liveability of their communities. The interaction between the City staff, the County, Commissioner Hunt, and the members of the committee has been dynamic and excellent. I thank all who have served both as committee members, interested persons, staff, and experts. Special thanks goes to Barb Benson, Don Crotty, Liz Stevens, and my legislative assistants Kathy Zieman and Joe Collins. The highlights of the ordinances are listed below for your review: CHAPTER 43 (VACANT BUILDINGS) *Clarifies and refines definitions• *Modifies fee to an annual fee but a workplan must be submitted by owner to correct within 365 days and any sale must be accompanied by Truth in Housing inspection. Equally all work must be completed with permits and with performance bond or $2000. *Al1 fees must be paid in full prior to any sale. . *Records will be kept if the property becomes a nuisance in the neighborhood so Chapter 45 may be used immediately if problems persist• -� *Closes loophole between Chapter 34, 43, 33, and 45. CHAPTER 45 (NUISANCE PROPERTIES) *Clarifies and refines definitions• *Sets up criteria for immediate commencement of nuisance abatement rather than the one year waiting period. *Sets up an early notification system on the City Council agenda giving notice to the neighborhoods also thru that process• *Sets up the linkage to accomodate vacant buildings which have become nuisances• *Maintains due process notification• *Closes loophole between Chapter 33, 34, 43, and 45. CITY HA1,L ROOM NO.718 SAINT'PAUL, MINNESOTA 55102 612/298-5289 $a�.44 Printed on Recycied Paper , : . . �1- i� �y 3103.OS � Bt ILDI'�G GODE 22S an�• other administrati��e officer 'ng c41 Thousands of structure� in this Cit�• 'sdiction that ���ork on an�• bui� g or are situated on narrol�• ]ot� and in close c ure is being done contrar�• t e p:•o- pro�imit�• to one ��other. thereb�• inc:-eas- �-is of OBBC or thi�Buildin de or in in; the risk of con9agration �nd spread of a d2 rous or unsafe mann ch «•ork i:�sect and rodent infestation: snall ' mediate)ti• �toppe ��► Populatian loss and economic de- (b� notice shall be 1�'ritin� and cline exne.•ienced br the Citti•in recent��ea�s shall be „ to the o�;•n the p:opert�• has cau�ed the incidence oi .•acant.�open or to nis a or to the rson doing Lhe structure= �o increZSe si�-nincantl.•: i;�o:�:, and s. sta:.e t ondition= under �61 Such �•acant, open s�ruc:u-es o�tea ��'l11Ct1 �;'O;�i ,. ° :' .. ed. Ho��•e�•er. lII become dil2plC2tEC�JeC2L`5���'lC'�'8:'E TIOi:'E- lA5i.2ACe5 t':!', . EQici.2 2Ci]G7� :5 paired b�• the o"•ne:� or pe:son5 iTl CC�III:'01 deemed necessan blic saiet�•or in the of said structure�: public inte:est, th 'minist:-ati��e oincer <<► St:uct.u:es�hzt are �•acant a�d o�en ha�-ing jur:5Q1Ct10 �' requi*e t�'le �'�'0?'k to entn• dep:'2�5 the ma:'�i?� �'2�ll? Of SllT- be siopped upon , rder pendin� the roundinQ p:-ope*ties; issuance of a �;•r %en (S► The e�::s�ence of certain hszardoLs ,�' condi:ions mati•require a st:ucture to be�•a- . 3103.OS mit or ro�•al Re�•o- czted: sucn condi�ions include buz are not cation. limited �: The ad. strati�re ofnc z�-ing ju:is- A. D2:Zge- of structu:-al collzp=_e; dic�ion s ret=oke a permi� pproi•al is- B. Inadequate heat or use of dan�eroLs sued un the pro�•isions of - Buildina heating mechanism: Code i 5e the:e hz�been an lse state- C. Danger of fire; and IT1LriL .�isre�reseniation as t . 2tEZ121 D. Lack of nlumbin�in saie«�0:�ii;]�0:'- fact' e applica�ion or plar�s o ich the 3er. pe 'o*appro�•al �rzs based,or ene�•er (9) S�ructures ;'nat reTnain boarded for :mit or 2ppro�•Zl has been ed in an extended period of time contriccte Lo e and conditions are �uch that pe:r:Zit bliah:,cause z decrezse in neianborir.g prop- apro��al shou]d not na��e been issued. erty ralues, cre2te tar�e:s fo: arson, snd � ' 'r lead to the cancellation of homeowne:s' in- � L;�nsafe Structures; Viola- surance for neighboring p:operty owners. tion and Remedial:�otices; Cost R.eco�-- (b) Decla:ation of'_�uisance. er�•. �,: All buiiding� or structures v�-hich are in- (a) Le�islati�-e Findines. S7';���' J jurious to or a menace to the public health, Council ofthe CitS•of��}findsthat:�;,f-4 sa�et�� or u•eliare, or are structu*ally un- (1) Structu:es v��hich are �-acant �iil� safe, unsanitary or not pro�•ided �;•it:� ade- ouate safe egress,or��•hica con�titute 2 nre • hazard, or x•hich are �-acant and open �o � A. :�ttract children to ent.er; public entry, or «•nich �re other�;•ise dan- B. Become harborage for��ermin; gerous to human life or injurious to the C. Serre as temporary abode for dere- public, or �;�hich in relation to existing use licts, �agrants and criminals; and constitute a hazard to ihe public health, D. Are likely to be damaged by�•andals safety or „�elfare by reason of inadequatE or set ablaze by arsonists. maintenance, dilapidation, obsolescence or (2) �J�nk�p� ,�-ou,r�s surrounding such abandonment, are, se�•erall��, for the pur- racant,i�� �in�-ite the dumping poses of this Building Coae, declared to be of garbage and rubbish thereupon; "unsafe structures". All such unsafe struc- (3) Thousands of structures in this City tu:es or conditions are hereby declared to are made of��ood-f:ame construction v�•hich be public nuisances. The public nuisance is mo:e flammable than other building shall be abated by correction of the viola- t��pes; tions to the minimum standards of the Code � �-� � � � � �� ��� �� OOF'sL11INT II��OtZCII�ITT PItIO(Z::ES /-�/il.C,t � :�?'l,"O F/i s�i% f�%iO�E'�Jifs /�•^:� �� %/c�,�ir7�cG V I Oi.J�T I O(�S • 1, General maintenance problecrts,the correction o: uhich rec�uice little in the uay of expenditures, such as b:oY,en, decayed miss- ing c�u[tec� and oovnsaouts .IIcoY.en and missing siding, hiyh gras„ vecds, litter. Crash, minor e.cterior painting, b�oken and cracY,ed vindo�s•, .mino� tuck pointing, broken-missing plaster, leak: . brok,en drives and service walks, broY.en fences, broken screens, etc. • ZCNTNC YIOLl�TIOhS � 1 (a) Zypic�l minor violations ot the Zoninc� Codc to includc automob:'_�� � re��i�, c�rc.�t�s3 ga�age s�les, illegal signs, junk cars, oLf street . i llet'j�l �arY.ing, "���Z'E YIO[.1�TICtZS ' . . . 2. Maintenance proble�s�s involving modecate to latge expendituces, i .e. , leakin�� coofs, rotted pocches vith loose or missinc� rtr�m-',�rs, m �nical code violacions, infescation of rodents or insects in multi-family buildings, ' ire pc c ion, pasnting of entire st�uc�ure, c�iirn�ey ce�ic, ' ste�s found�tion ce�aic,etc. 2(a) Substantial violations of the Zoning Cale to include illec�al occu- pancies, illegal land uses, illegal �/�.c•t:�, illegally erecte� Lences, and others uhere a permit is cequired for comp?iance. URG�T . VIO�,TICt1S • 3. Safe[y oc healnc �ela[ed situations requiring quick action sucn �s a�en,vacant, and Vandalizc�d buildinc�s, fire damage, constcuction viGh�,� �F out permits, utili[y shut �i�s c�= to delinqvent p�yments in(mu�Tti-- . family buildings� Dlocked sevecs, furnace oc boiler repair ducing the heating season, etc. S�I OUS � 4. Situa�ions rec�uicing immediate �ction such as a building or stc�^�ucal elemenC near to collapse, a gas leak oc other extreme £ire h�zacd,• � the stocage of flammable o� toxic materials, serious mechanical violations, exit pcoblems. � , • t,����� 1� ; : �°t*� °''s �� •, CITY OF SAINT PAUL o � � ���������� ; OFFICE OF THE CITY ATTORNEY . ,,� ♦ '�`� JANE A. MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR August 5, 1991 Council President William Wilson and Members of the City Council City Hall and Court House Saint Paul, Minnesota Dear Council President Wilson and Members of the City Council: Enclosed for your consideration please find the following: 1. Agenda item 21. 91-1294 , for final adoption, an ordinance amending Chapter 45 of the Code pertaining to Nuisance Abatement. 2 . Agenda item 22 . 91-1293 , for final adoption, an ordinance amending Chapter 43 of the Code pertaining to Vacant Buildings. 3 . Agenda item 37 . 90-553 , for third reading, an ordinance amending Chapter 33 of the Code pertaining to repair and/or demolition of nuisance buildings. I apologize for any delay here. However, these pieces had to be transposed from a computer disc located at Public Health and sent to the City Attorney's Office for "feeding" into the City Attorney's computer system. While this may sound like a simple enough task - please know that computers can and do make simple tasks unnecessarily difficult. With respect to Agenda item 21; the changes requested by the Council have been incorporated. Councilmember Dimond's request for inclusion of language creating a " continuing violation " has been incorporated at 45. 13 . With respect to Agenda item 22 ; all the changes requested by Council have been incorporated save one. The language requested by Councilmember Maccabee, providing for an immediate criminal violation in the event that a property holder did not give immediate consent to an inspection of her/his property, was not included because of the very real potential for infringement on the property holders constitutional rights. Research into this matter indicated that the law requires inspectors to obtain a search warrant in the event that property holders do not allow immediate entry. An examination of both the Minnesota State Statutes and the Uniform Fire Code dealing with this type of situation made it clear that inspectors must obtain a search warrant when dealing with recalcitrant property holders. With respect to Agenda item 37; the changes requested by the Neighborhood Services Committee have been included. Very truly yours, L,/6/w�.�---.. Pet r . Warner Assistant City Attorney. ���C��i�l��. . . � � � - Q , j ' Council File ,# �'��/� . ` � .� � ; �� 1 � � � i�, �"° � �-.- � Ordinance � � Green Sheet # ��� ORDIN N �-� TY OF SAINT P , NNESOT Presented By eferred To Committee: Date �-/� '�/ An Ordi ce amending Chapter 45 of the S t Paul Legislative Code �a�g t�Nuisance Abatement (J�t�tb.�T��'f1 1 ` THE COUNCII. OF THE CITY OF SAIN'��PAUL DOFS ORDAIN: �� 45.01. Declaration of PolicX. `�v The se of this h r i r � li h h f an w lf enactment of this ordinance which: � 1. Define ubli nuis d nui on ition . � rmin r n i ili ie f r r f w liin r f r n ' n f nuis n i ' n �,, Pr i r m ie to elimin u li n i 4 Pr vi f r dmini ' n nf r m n n i � Promo h ili m 'n n f i h rh 45.9��2. Definitions. � � {�---�iea�e�� � e� �� �� 1 ORIGIhI��. � � � � �.�I � 0 � ,� �. r/a�'� . � �9 , , , , , , �-� , , , , , , , . Subd.41. Enforcement officer. Enforce ent officer shall mean the director of the department of community servi s, the director of the department of fire and safety services, the director o the department of police, or their duly authorized representative. Subd.3�. Extermination. Extermination shall m the eradication of rodents and other vermin by any or all approved m ods such as poisoning, fumigation, or trapping. Subd.b�. Hazardous waste. Hazardous waste shall m any waste material so defined by Minn. Stat.116.06, Subd.13 or d ribed or listed as hazardous waste in Minn. Rules Chapter 7045, known as�Minnesota Pollution Control and Hazardous Waste Division Hazardous Wasth,,Rules. ,, Subd.�4. Interested party. Interested party shall mean any o`wner of record, occupying tenant, or lien holder of record. ��* Subd.$�. Last known address. Last lrnown address shall mean t11e address shown on the records of the Ramsey county department of property,,taxation or a more recent address known to the enforcement officer. In the c�se of parties not listed in these records, the last known address shall be that�.ddress obtained by the officer after a reasonable search. ��'�.� ,� Subd.9�. Mail. Service by mail shail mean by depositing the item with t�e United States Postal Service addressed to the intended recipient at lus or er last known address with first class postage prepaid thereon. Subd.�A7. Noxio s substances. No�QU sub � rs,p�mean substances, soli a� fluid, ��i vd c ar e�€e�srve; detrimental to health, hurtfu�l, or dangerous. Noxious substances shall include but not be limited to any dead animal, or portion thereof, putrid carcass, decayed animal matter, green hides, or any putrid, spoiled, foul, or stinldng beef, pork, fish, offal, hides, skins, fat, grease, liquors, human or animal excrement, or manure. 2 C�RIGON�I � ��� ��� � ORIGI �� , �=� Subd•g• i in r il 4 h' 1 ' i in 1 ' h ' h ni 1 h i n li i n' Subd.�Q. Owner. Owner all mean those shown to be owner or owners on the records of the y county department of property taxation. Subd.��Q. Personal service. Pe nal service shall mean service by personally handing a copy to the ' nded recipient or by leaving a copy at the intended recipient's resid ce or place of business with a person of suitable age and discretion. Subd.�3�. Privy. Privy shall be any of non-flush fixture for the receipt and storage of human waste includi fixed units with vaults as well as portable units. Subd.�4�. Property. Property shall mean any cel of land whether vacant or not, whether any structure thereon is occ ied or not, or whether submerged or not. Subd.-�3.1,.�. Refuse. Refuse shall mean putrescible d non-putrescible and combustible and non-combustible waste, including pa r, garbage, material resulting from the handling, processing, storage, pr aration, serving and consumption of food, vegetable or animal r�atter, offal, rubbish, plant wastes such as tree trimmings or grass cuttin�s, ashes, incinerator residue, street cleanings, construction debris, detached�ti�ehicle parts, and solid industrial and market wastes. Subd.�b14. Responsible party. A responsible party shall be any one or more of the following: (a) agent, �\ (b) assignee or collector of rents, (c) holder of a contract for deed, (d) a mortgagee or vendee in possession, (e) receiver or executor or trustee, (� lessee,.I� vr++�►t vAcaK�b � ' � � f'r' fa+-w+ or 6�f�o.r�w►"s� (g) those , wn r m n i h vin �n ownership interest. or (h) other person, firm, or corporation exercising apparent control over a property. 3 u�i���INAI , � � L ��9� � � Q��� ����� ��i � . . � � �e . Subd.�9l�. Weeds. eeds shall mean � ► > > > > > , , and include not only such xi 7 f ' n 1 1 1 inches in height. 45.9�Q,�. Nuisance A nuisance shall mean any substance, ma , emission, or thing which creates a dangerous or unhealthy condition or which eatens the public peace, health, safety, or sanitary condition of the city or which is offe ive or has a blighting influence on the community and which is found upon, in, being �scharged or flowing from any street, alley, highway, railroad right of way, vehicle, ra�road car, water, excavation, building, erection, lot, grounds, or other property located wi`thin the City of Saint Paul. Nuisances shall include but not be limited to those set forth in �his secdon. ti � � Subd.��. . . Dangerous r i i n ' 1 n r including but not limited to: � i ' in r f r 1 • r � r hi f lal ing: or , � a structure with any �arts such as floors� r�o ches� railings. stairs. i i il ih weight of normally i�nosed loads. Subd.�3�. Fire hazards. Any thing or condition on the property which in the opinion of the enforcement officer creates a fire hazard or which is a violation of the Fire Code. 4 �►R�GINA►L . � . � ` � � � ,� � ����� , (� R G�,=9 Subd.��. �� Firewood. � � Piles of wood cut for fuel which are li li i 'm r r 1 v il x 'v iv f f ' 1 f i i in . Subd.34. Grass and Wceds. Grass e�we�g which �eve� grown upon any property to a heigh f eight � or more inches or weeds• Subd.��. Hazards. Any thing or ndition on the property which in the opinion of the enforcement officer y contribute to injury of any person present on the property. Hazards whi shall include but not be limited to open holes, open foundations, open well dangerous trees or limbs, abandoned refrigera.tors, or trapping devi- s. "'� fi Subd.�4�. Health hazards. Any thing or c.�ndition on the property which in the opinion of the enforcement office��;creates a health hazard or which is a violation of any health or sanitation�.law. ����w..r� ..����4n �I��w��..w ��n�.��n ...tw� ��'��iKllMl�i e��ww�a L.��i�w : �� . e���� Subd•7• Nuisance building. Any building or �ortion�of a building which is a nuisance as defined in Chanter 45.02. `� Subd•g• k 1 t r r r wn n 11 v h 'v 1 f r r harbora�e of vermin. Subd.�Q. Refuse, noxious substances, hazardous wastes. Refu , noxious substances, or hazardous wastes laying, pooled, accumulated, pil left, deposited, buried, or dischazged upon, in, being dischazged or flo ' g from any property, structure, or vehicle; except for: (a) refuse deposited at places designated and provid for that purpose by the Saint Paul Legislative Code; (b) refuse stored in accordance with provisions of the Saint Paul Legislative Code or vehicle parts stored in an enclosed structure; (c) compost piles established and maintained ' €Fer�-a�in accordance with the regulations of, •'�° a�-�°��� �F ���:Eie-� Chauter 357 of the Saint Paul Le�islative Code. 5 �RiG4NAl _ � �. � _ �� . �� �� � � il� �� �-�� �� ., (d) dead animals buried with written permission from, and in accordance with the regulations of, the division of public health; or ) green hides received, stored, dressed, packed, or sold with written permission from, and in accordance with the conditions set by, the division of public health. Subd.��. Sanitary tructures. Structures for sanitation such as privies, vaults, sewers, p 'vate drains, septic tanks, cesspools, drain fields which have failed or do ot function properly or which are overflowing, leaking, or emanating od s. Septic tanks, cesspools, or cisterns which are abandoned or no longer in se unless they are emptied and filled with clean fill. Any vault, cesspool, o septic tank which dces not meet the following criteria: �� (a) the bottom a�d sides are cemented to make iinpervious to water, (b) the bottom is�t least s'vc feet below grade, (c) pmper ventilati�g pipes and covers are provided, (d) it is nroFgrly located in accordance with annlicable Minnesota State Statute and Saint �aul Ordinances, , > > _ � (e) it is cleaned at least once a year, and (fl the property served is lncated such that connection to the public sewer is impractical. Subd.411. Stagnant water. Stagnant water standing on any property. Any property, container, or material kept in such a �ondition that water can accumulate and stagnate. Subd.-�3�. Statute and Common Law Nuisances. Any thing or condition on property which is known to the common law of the'iand, the Statutes of Minnesota, or the Saint Paul Legislative Code as a nuis�nce. , SubdA�. Unsecured unoccupied buildings. Unoccupied�iuildings or unoccupied portions of buildings which are unsecured. `y Subd.3�. Vermin harborage. Conditions which in the opinid of the enforcement officer are conducive to the harborage or breeding vermin ��g �� Subd.gl�. Vermin�estations. Infestations of vermin such as ra mice, �quirrels skunks, snakes, bats, grackles, starlings, pigeons, bees, asps, cockroaches, or flies; except for bees or pigeons kept wi written permission from, and in accordance with the regulations o the division of public health. 6 �RlG4NAl . : � � . f . �ORIGIN ,�L ��,_,,�9� 45.A3Q4. lations. Subd.l. person shall, d'uectly or indirectly or by omission, create a nuisance. Subd.2. No o er or responsible party shall allow a nuisance to remain upon or in any pr rty or structure under his or her control. Subd.3. No owner o any truck, trailer, railroad car or flat, or other vehicle shall leave the ve le standing on or along any street, highway, freeway, or railroad track, other property within the City of Saint Paul carrying or containing any r se, noxious substance, or hazardous waste, except as otherwise permi by the Saint Paul Legisladve Code. 45.A4Q�. Disclosure of responsible Upon the request of the enforcement o�`ficer or the city clerk, a responsible party or owner shall disclose the name of any oth'�r responsible party or owner known to him. This shall include but not be limited to th�;persons for whom�ie is acti�ng, from who�e is leasing the property, to ho�he is leasi�g the property, with whom�he shares joint ownership, or with whom�e has any ee�e�►et�e�g contract�r � ' � � re.�-� ���� �� > > 45.06. Order to cease. '�� In the event that an enforcement officer observes a person c ng a nuisance, the officer may, after presenting proper identification, order that the perso cease �►d desist creating a nuisance. '� � 45.07. Enforcement officer authorized to enter. The enforcement officer shall be authorized to enter any property or s cture in the city for the purpose of enforcing and assuring compliance with the provision of this Chapter. nr n ' 1 fr fi r r ' 1 i ri il i i f com�lete insnection• Z�S�v'�- �, '�1�vU1Srf�N1 �1Q�, 7 �;.����IN�L . , � � � �` ,�� a�� . , . . �Q � � J� � (J��q�-/ 45.08. Autho 'ty to Abate. Subd.l. city is authorized to abate nuisances in accordance with the procedures set in Sections 45.10, 45.11, and 45.12. All abatement costs incuned shall charged against the property as a special assessment to be collected in the m er provided for in the City Charter, Chapter 14, except when a request is ed for a review of an emergency abatement the assessment hearing shall replaced by the hearing provided for in section 45.12. Subd.2. Abatement may clude but shall not be limited to removal, cleaning, extermination, cu ' g, mowing, grading, sewer repairs, draining, securing, boarding unoccupi structures, barricading or fencing, removing dangerous portions of structure and demolition of dangerous structures or abandoned buildings. Subd.3. Abatement costs shall in ude the cost of the abatement; the cost of investigation, such as title ches, inspection, and testing; the cost of notification; filing costs; an administradve costs. 45.09. Service. When service of an order or notice is required, � y one or more of the following methods of service shall be adequate: `� .� , � � Subd.l. by personal service; or �� Subd•2• ]zy certified mail, throu h the U.S. Pos�al Service; or { Subd.��. by � mail, unless it is a written order�vhich gives three days or less for the completion of any act is requires; or '� Subd.34. if the appropriate party or address cannot be etermined after reasonable effort, by posting a copy of the order in a con icuous place on the property. If a mailed order or notice is returned by the United States Pos Service, a good faith effort shall be made to determine the correct address, unless the o der or notice orders abatement and that abatement has been completed. 45.10. Abatement procedure. Unless the nuisance is as described in Sections 45.11 or 45.12, the city ay abate the nuisance by the procedure described below. Subd.l. Order. The enforcement officer shall serve a written order upon the owner. The written order shall also be served upon any responsible party known to the officer and may be served upon any party known to have caused the nuisance. The written order shall contain the following: 8 ����f NAL � . � . � y , , ;� �9� . � . �w- . � , �.�.: � i �y��� � (a) a description of the real estate sufficient for identification; (b) description and location of the nuisance and the remedial action r uired to abate the nuisance; (c) the atement deadline, to be determined by the enforcement office lowing a reasonable time for the performance of any act requir (d) a stateme that the order may be appealed and a hearing before the City Counc obtained by filing a written request with the city clerk before the ap deadline which shall be the abatement deadline designate� in order or seven calendar days after the date of the order, whicheve comes first; and (e) a statement that i e remedial action is not taken nor a request for a public hearing fil with the city clerk within the time specified, the city will abate th nuisance and charge all costs incurred therein against the real estate a special assessment to be collected in the same manner as prope taxes. Subd.2. Setting hearing date. In the event at an appeal is filed with the city clerk, the City Council shall within two v�eks fix a date for a public hearing. Subd.3. Notice of hearing date. In the event ffiat an anueal is filed���he city clerk shall mail a notice of the date, time, ptace, and subject of the hearing to the owner and known responsible parkies. The city clerk shall also mail the notice to a citizen participadon district council for the district where the nuisance is located requesting that it notify the surrounding property owners and occupants. The city clerk shall also notify the ��� enforcement ffo icer. Subd.4. Hearing. At the time of the public hearing, the City Council sha11 hear from the enforcement officer, and any other p,arties who wish to be heard. After the hearing, the City Council may confirm or modify the order of the enforcement officer. In either case, if the Council',s determination requires abatement, the City Council shall, in the resolution;fix a time within which the nuisance must be abated and shall provide that i rrective action is not taken within the time specified, the city may abate th nuisance. The city clerk shall mail a copy of this resolution to same parti required to be notified in Subd.3 of this Secdon. Subd.S. Abatement. If the remedial action is not taken nor an ap filed within the time specified, the city may abate the nuisance. 9 ����R�GINA��, . ,� . , „ � � � , � �. _ ��� . � + � � ��� � 45.11. Subs tial abatement procedure. When the enfor ent officer determines that a nuisance exists on a property and the cost of abatement of th nuisance is estimated to exceed �we r� thousand dollars or the abatement involves olition of a building other than a structure accessory to a residential building or e abatement substantially diminishes the value of the property and except in the case of an ergency as provided for in Section 45.12, the city shall abate the nuisance by the proced described below. A good faith estimate of the abatement costs, not the actual cost calc lated after the abatement is completed, shall be the basis which determines whether this atement procedure shall be used. Subd.l. Orders. The enfor ent officer shall serve a written order upon the owner, all interested 'es, and any responsible party known to the officer. The order sh contain the following: (a) a description of th real estate which is sufficient for identification and which shall inc�de the legal description; (b) the location of the nu�sance on the property; (c) a description of the nul�sance and the basis upon which it is declazed to be a nuisanc,�; (d) the remedial action requi�gd to abate the nuisance; and (e) the abatement deadline, to e determined by the enforcement officer allowing a reasonabl time for the completion of any act required; (� a statement that if the remedial tion is not taken before the abatement deadline, the matter ' be referred to the City Council who, after a public hearing, may rder the city to abate the nuisance and charge all costs incu against the real estate as a special assessment to be collected in e same manner as taxes. Subd.2. Notice to public. When an order requires, excl sively or as an option, the demolition of a building, the public shail be put notice as follows. �� > > Ee�ee�-� 10 �RIGINAL . � �. -�zy,� . . . � . �ORIGIN�� �q� The �wne� or atly 1'es npo sible paR� is regui to ,provide fu _wrd�+ disclosure of the order to abate to all interested p�, all present or subsequent renters� and any subseauent owners. � The owner or anv�re_snonsi�p is uired to provide full�..�= � h 1 M N � � n ri n• � The chant `and section of the ordinance under which it is issued: ; �4,� A statement c�'e'eclaring the propgr�y to be a nuisance condition and subject to �emolition: � The date that the�,nlacard of nuisance condition is nosted: � A statement of the�y for defacin� or removal of the Flacard• '� ,, � The enforcement officer sh ile a co�y of the order to abate with the Ramsey Coun Recorder�. � 2 1 � nf ffi r n ' i r n in f r r i �, � 'f i ' h il 'n r abate• Subd.3. Setting hearing date. If the remedial action is no taken within the time specified in the written order, the enforcement of r may notify the City Council that substantial abatement is necessary and ropriate. Upon being notified by the dep� enforcement officer the City �� Clerk shall, within two weeks, fix a date for an abate ent hearing for the C� Council. Subd.4. Notice. Written notice of the dme, date, place and subj t of the hearing shall be given as set forth in this subdivision. (a) The city clerk shall immediately notify the enforce ent officer. � 11 ��IVINAL � . IGIN��- /'�,�9� . . . 0 R �=� � At least ten calendar days prior to the hearing, the enforcement officer shall notifv the owner or his dulv authorized renresentative . . � by ,yersonal service of the notice of hearing and all interested parties or their duly authorized renresentative by certified mail. If. after reasonable effort. service cannot be made. either of the following. methods of notice shall be considered adeguate. (1) confirmed mail service which is either certified mail with signed receipt returned or first class mail confirmed by written response. 2) mailing the notice to the last known address and publishing the notice once a week for two weeks in a newspaper of general circulation in the City of Saint Paul and posting the notice in a conspicuous place on the building or property. (� At least calendar days prior to the hearing, the enforcement officer sh n ' Pr i nuisance bui�'ing is located in a Heritage Preservation District. � The Ci Clerk�all notify the Ci Council and cause the notice of gublic hearing to t�e published on the Council agenda. Subd.S. Hearing. At the time of the ublic hearing, the City Council shall hear from the enforcement officer at�d any other parkies who wish to be heard. After the hearing, the City Couiicil shall adopt a resolution, describing what abatement action, if any, � the co�ncil deems appropriate. If the resolution ' calls for abatement action � the cou�cil may either order the city to take the abatement action or fix a dme within'`�which the nuisance must be abated i� r r i ' P 1 ' 1 'v ��g and provide that if corrective actio is not taken within the specified time, the city shall abate the nuisance. � ' ��g-a�es� Subd•6• '1 n r 1 ' nf r m n ffi wh h f varties required to be notified in Subd.4. 45.12. Emergency abatement procedure. When the enforcement officer determines that a nuisance condition or a �neerous structure as defined in Chanter 43.02 exists on a property '�.which constitutes an immediate danger or hazard which if not immediately abated will endanger the health or safety of the public and there does not exist sufficient time to fof low the procedures of 45.10 or 45.11, the city may abate the nuisance by the procedure described below. 12 �;�����INAL . , � �. � 9�,,�9� . , � �` R���N � Subd.l. O�der b ma or Th i hall or r mer enc abatement b an y y . ectys de e g y y administrative order to be signed by the mayor. A good faith effort shall ., be made to inform the owner that the action is being taken. Subd.2. �`�: Notice of the abatement. Following an emergency abatement as soon as the �`��.costs incurred are known,�e the enforcement officer�e shall serve written riotice upon the owner. The notice shall contain: (a) `�, a descripdon of the nuisance, (b) 'the action taken by the city, (c) the-,reasons for immediate action, (d) the costs incurred in abating the nuisance, and (e) a state�ient that the owner may request, by writing to the city clerk within te`� working days of the date of the notice, a hearing at which the City Cb�uncil shall review the actions taken by the department. �. Subd.3. Setdng hearing date. I�the event that the owner files a request for a review of the action, wit��the city clerk, the City Council shall within two weeks fix a date for a pub�ic hearing. `_, Subd.4. Notice. The city clerk shall nb�ify the department and the owner of the date, time, place, and subject o e hearing. Subd.S. Hearing. At the dme of the hearin the City Council shall hear from the enforcement officer and any other 'es who wish to be heard. After the hearing the City Council may adopt a r lution levying an assessment for all or a portion of the costs incurred by e�e� � in abating the nuisance. A copy of the resolution shall b mailed to the owner. A copy shall also be given to the �e� enforc�ment officer. , 45.13. Penalty. �, � � Any person who violates any provision of this Chapter or fails to'� mply with a lawful written order issued pursuant to Sections 45.10 or 45.11 or a law verbal order issued pursuant to Section 45.06 shall be guilty of a misdemeanor. � � \ \ I 13 ������A�. . p R� r 1 N,�l. -��9� . ,; �9i �.. ,� 45.14. Other�re`medies. The time limits s ified in any order issued under Section 45.11 is the applicable time period for completio of the rehabilitation and shall supersede all other time limits from Chapter 33 and 43. �,� Nothing in this Chapter sh construed as relating to Saint Paul Legislative Code, Chapter 113 pertaining to sno emoval or Chapter 163 pertaining to abandoned vehicles. .� This ordinance shall take effect and be ' force thirty days from and after its passage, approval and publication. �, `,.. �4 � .` 1 , 1 \ , ,� t � Yeas Navs Absent Requested by Department of imon oswitz CONIl�II]NITY SERVTCES on Macca ee ettman nne i son By= Adopted by Council: Date F rm Approved by City Attorney Adoption Certified by Council Secretary y: S��_ � .� /�/y,1 By' Approved by Mayor for Submission to Approved by Mayor: Date Council 14 By: By: � .• �'`, �-i�9�f . .,� 9 � � Whoever violates an provision of this law for which no other penalty is provided ;� fails to comply with any lawful order issued pursuant there is subject to a fine of up to $100 . Each day during which�oncompliance or a violation continues shall constitute a seper te offense . A second similar offense within 2 years of the fi st offense is subject to a minimum fine of $50 . , � � .� � `� ,,� , `t 1 '� � � � , �'' � � �� r � � 10. Resolution - 91-1364 - approving the appointment by the Mayor of Duane Stoipe to serve as the Employee Representative on the PHA-City (HRA) Pension Plan Administrative Committee; term to expire July 1, 1994. (Laid over from July 30th for adoption) 11. Resolution - 91-1423 - authorizing payment of $2,066.30 from the Tort Liability Fund to Micheal & Cindy Hilborn in settlement of their claim of damages. 12. Resolution - 91-1424 - authorizing payment of $1,035 from the Tort Uability Fund to Ms. Christine Williams in settlement of her claim of damages. 13. Resolution - 91-1425 - reducing assessment for 1351 Ames to $85.02 on the Hazelwood/Magnolia Storm Sewer Separation to be funded by the Sewer Separation Funds. 14. Resolution - 91-1426 - reducing assessment for 1345 Ames to $179.40 on the Hazelwood/Magnolia Storm Sewer Separation to be funded by the Sewer Separation Funds. 15. Resolution - 91-1427 - reducing assessment for 1355 Ames to $163.57 on the Hazelwood/Magnolia Storm Sewer Separation to be funded by the Sewer Separation Funds. 16. Resolution - 91-1428 - authorizing removal of Phalen Youth Club from the Saint Paul Charitable Gambling 10% Club List. " 17. Resolution - 91-1429 - suspending Off Sale Liquor, Sunday On Sale Liquor, Off Sale Malt and Cigarette Licenses held by ESW Inc., dba East Street West for premises at 616 Como Avenue. (Hearing was held July 18, 1991) COMMITTEE REFERRAL 18. Resolution - 91-1430 - establishing a rate of pay for Marina Manager in the Salary Plan & Rates of Compensation Resolution. (First Reading - Finance) 19. Resolution - 91-1431 - amending the 1991 Budget by adding $7,000 to the Financing & Spending Plan and transferring $7,000 from Police Special Projects to the General Fund - Mayor's Office. (Finance) 20. Resolution - 91-1432 - approving issuance of $650,000 Tax Exempt Revenue Bonds for the acquisition and renovation of 20,460 square foot facility for Gilbert and Martha Thoele at 253 State Street in Riverview Industrial Park. (Housing & Economic Development and layover to August 15, 1991) ORDINANCES � 21. Final Adoption - 91-1294 - An ordinance amending Chapter 45 of the Lggislative � Code pertaining to Nuisance Abatement. (Neighborhood Services � Committee recommends approval) -� ol�� �l�u'` �r . ` .. Y AGENDA OF THE SAINT PAUL CITY COUNCIL Tuesday, August 6, 1991 9:00 A.M. Council Chambers Third Floor City Hall and Court House Albert B. Olson, City Clerk CONSENT AGENDA NOTE: ALL 1TEMS L/STED UNDER CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE C/TY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE D/SCUSSION OF THESE ITEMS. IF D/SCUSS/ON /S DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. FOR ACTION 1. Approval of City Council Minutes for the meeting of July 23, 1991. 2. Letter of the Ramsey County Department of Taxation transmitting application AY 91-3314 for reduction of assessed valuation of real estate. 3. Letter of the Ramsey County Department of Taxation transmitting application AC 91-3318 for reduction of assessed valuation of real estate. 4. Appeal of Tena Investments (Jerry Robertson) to a Summary Abatement for property at 1060 Iglehart. (City Clerk recommends date of Public Hearing be established for August 21st in the Neighborhood Services Committee and August 22nd at the City Council meeting) 5. Appeal of Patrice M. Evans Aina to a Summary Abatement for property at 711 St. Anthony. (City Clerk recommends date of Public Hearing be established for August 21 st in the Neighborhood Services Committee and August 22nd at the City Council meeting) 6. Letter of the Mayor's Office announcing vacancies on the Civic Center Authority, the Advisory Committee on Refugee Affairs, the Truth-in-Housing Board of Evaluators and the Board of Zoning Appeals. 7. Resolution - 91-1421 - approving appointments by the Mayor to the Saint Paul Private Industry Council, Inc. (PIC); terms to expire June 30, 1992. (To be laid over one week for adoption) 8. Resolution - 91-1422 - approving appointments by the Mayor to the Youth Fund Board; terms to expire July 1, 1992. (fo be laid over one week for adoption) . 9. Resolution - 91-1363 - approving the reappointments by the Mayor of David Cheesebrow and Peg LaBore and the appointments of Dr. Marci Mylan, Zora Radosevich and Steve Proeschel to the Joint City-County Health Services Advisory Committee, terms to expire June 26, 1993. (Laid over from July 30th for adoption)