91-2332 Q�i�INA� �-_ qi - 2�z ✓
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�—� Green Sheet � U��
RESOLUTION
;� CI ,OF SAINT PAUL, INNESOTA
1
Presented By -
Referred To Committee: Date
WHEREAS, the Division of 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, dilapidated, deteriorated, partially collapsed,
gutted, duplex residential structure located on property hereinafter referred to as the "Subject
Property" and commonly known as 178 Acker Street. East This property is legally
described as follows, to wit:
Lot 16, Block 8, Edmund Rice's Second Addition to the City of St. Paul . �
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by the Division of Public Health on or before October 16, 1991, the
following are the now known interested or responsible parties for the Subject Property: .
Duane Barnes, Sr., 114 Acker Street East, St. Paul, MN 55117; State of Minnesota, Trust
Exempt, c/o 7ames Parker, 15 Kellogg Blvd. W., St. Paul, MN 55102.
WHEREAS, the Division of Public Health has served in accordance with the
provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order
to Abate Nuisance Building(s)" dated October 10, 1991 which is attached and incorporated as
part of this Resolution; and
WHEREAS, the arder informed the then known interested or responsible parties that
the house located on the Subject Property is a nuisance building(s) pursuant to Sections
45.02, Subd. 8 and a nuisance pursuant to Cfiapter 45.03 Subd. 7; and
WHEREAS, this order informed the interested or responsible parties that they must
either repair or demolish the structure located on the Subject Property by November 10,
1991; and
WHEREAS, the enforcement officer has posted a placard on the Subject Property
declaring this building(s) to constitute a nuisance condition, subject to demolition; and
WHEREAS, this nuisance condition has not been conected and the Division of Public
Health has requested that the City Clerk schedule public hearings before the Neighborhood
Services Committee 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 Legislative Code, of the time,
date, place and purpose of theses public hearings; and
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WHEREAS, a hearing was held before the Neighborhood Services Committee of the
Saint Paul City Council on Wednesday, December 18, 1991 to hear testimony and evidence,
and after receiving testimony and evidence, made the recommendation to approve the request
by the Division of Public Health to order the interested or responsible parties to make the
Subject Property safe and not detrimental to the public peace, health, safety and welfare and
remove its blighting influence on the community by rehabilitating this structure in accordance
with a11 applicable codes and ordinances, �r in the alternative by demolishing and removing
the structure in accordance with all applicable codes and ordinances. The rehabilitation or
demolition of the structure to be completed within fifteen (15) days of the date of the
publication of this resolution; and
WHEREAS, a hearing was held before the Saint Paul City Council on Thursday,
December 19, 1991 and all testimony and evidence including the action taken by the
Neighborhood Services Committee was considered by the Council; and
NOW THEREFORE, BE IT RFSOLVED, that based upon all of the testimony and
evidence presented at the above referenced public hearings, the Saint Paul City Council
hereby adopts the following Findings and Order concerning the Subject Property at 178
Acker Street East:
1. That the building(s) located on the Subject Property comprise a nuisance
condition as defined in Saint Paul Legislative Code, Chapter 45.02 Subd.8.
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 or Building code
violations at the Subject Property.
4. That an Order to Abate Nuisance Building(s) was sent to the then known
responsible parties to correct the deficiencies or to demolish and remove the
building(s).
5. 1'hat the deficiencies causing this nuisance condition have not been corrected.
6. That the Division of Public Health has posted a placard on the Subject
Property which declares it to be a nuisance condition subject to demolition.
7. That this building has been routinely monitored by the Vacant/Nuisance
Buildings Code Enforcement Program.
8. That the City of Saint Paul has had to board accessible openings at the subject
property.
9. That the known interested parties and owners aze as previously stated in this
resolution and that they have been properly served notice of the public
hearings.
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�s���`s������-: q 1— Z 332 �
. ' ORDER
The Saint Paul City Council hereby makes the following order:
1. The above referenced interested or responsible parties shall make the Subject
Property safe and not detrimental to the public peace, health, safety and
. welfare and remove its blighting influence on the community by rehabilitating
this structure and conecting all deficiencies as prescribed in the above
referenced Order to Abate Nuisance Building(s) in accordance with all
applicable codes and ordinances, Qr in the alternative by demolishing and '
removing the structure in accordance with all applicable codes and ordinances.
The rehabilitation or demolition and removal of the structure must be
completed with'in fifteen (15) days of the�date of the publication of this
resolution.
2. If the above conective action is not completed within this period of time the
City of Sainr Paul, Division of Public Health is hereby authorized to take
whatever steps are necessary to demolish and remove this structure and fill the
site and charge the costs incuned against the Subject Property pursuant to the
provisions of Section 45.08 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 shall unreasonably
interfere with the demolitior� and removal shall be removed from the building
by the responsible parties by the end of this time period. If the personal
property is not removed, the City of Saint Paul shall remove and dispose of
such property and fixtures as is provided by law.
4. TT IS FURTHER ORDERED, that a copy of this resolution be mailed to the
last known address of the owners and interested parties in accordance with
� Section 45.11, Subd.6 of the Saint Paul Legislative Code.
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Y� Navs Absent Requested by Department of:
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Form Approved by City Attorney
Adopted by Council: Date �--� —� �
Adoption Cer fie by Counc cretary gY; �-�/ G��— //�_l�J��l/
BY� Approved by Hayor for Submission to
� Council
Approved b ay r: Dat �' ��9�
,� B � ./�il�.�
By:
Gja1�.r(1���-t-� y:
l�Il{�IED JAN £ _ , PII�IiS�ED JAN 4'92
, � . � 91 -2332 �/
DEPARTM[NTIOFFICEJCOUNqL DATE INITIATED
_ Corr�r►unity Services 11-2�-91 GREEN SHEET No. o�3 8
CONTACT PER80N 8 PFIONE �N�T�AU DATE INIT�ALfDATE
��l OEPARTMENT DIRECTOR CITV OOUNGL
Charles VOt@Z Z98-4153 V• �� AITORNEY GTV CLERK
MUST 8E ON COUNCIL AOENDA BY(DAT� ROUTNI�i BUDOET DIRECTOR �FIN.d MOT.SERVICES OIR.
December 19, 1991 �MAYOR(OR ASSIBTMIT) �
TOTAL#�OF SIQNATVRE PA6E8 ( (CLIP ALL LOCATIONS FOR 81�3NATURE�
ACTION REOUESTED:
City Council to pass thie resolution which will order the owner to remove or repair the
referenced building(s) within fifteen (15) days from the publfcation of this resolution.
If the owner fails to comply with the reeolution, the City will be suthorized to remove
the building. The aubject property is located at 178 Acker Street East.
REOOMMENDAilON3:APP►�(A)o► �I COUNdL (�PORT
�-�„
_PLANNINO(:OAM�A18810N _CIVIL SERVICB�MMISSION ANALYST C ;uy�,_: �,."�d`'� E NO.
_d8 OOI�IITTEE __.
—�� — `""""�: 4 1991
—���«,� — pEC
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tNrcwnroo�oe�t.iseue,o�oalv�arr�wno,wha.wnen,w►,ers.wny�:
This building(s) is a nuisance building(s) ae defined in Chapter 45 and a vacant building
as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, intereated
parties and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 178 Acker Street East by November 10, 1991, and have
failed to comply with those orders.
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ADVANTAOE8IF D:
The city �rill eliminate a nuisance. PLEASE ROUTE PROMPTLY!
This green sheet and resolution I
� must be in the City Clerk's Office
by WEDNESDAY, DECEMBER 11, 1991 to
be on the Council Agenda for December ��
' � 19, 1991. Thank you.
WSADVMITAOES IF .
The City will spend funds to wreck and remove this building(s). These costs will be
assesaed �o the property, collected as a special assessment against the property taxes. "
i
DISADVANTAOES IF T APPROHED:
A nuisanc� condition �aill remain unabated in the City. Thia building(s) will continue to
blight th� community.
' COURCiI Res�«rcft Cer�ter
DEC 1 D 19
TOTAL AMOUNT OF TRAN8ACTION ����o �.��e 008T/REVENUE SUDQETED(CIRCLE ON� YE8' NO
��p gp�p� Nuisance Housinq Abatement ACTIVIT1f NUMBE�i 33261
FlNANGAL INFORMATION:(EXPWI�
�VV
NOTE: COMPLETE DIRECTION3 ARH INCLUDED IN THE(9REEN 8HEET IN3TRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASIN�3 OFFICE(PHONE NO.288-4225).
ROUTINt3 OR�ER:
Bebw aro prefsrred routinps for ths flve m�t frequsnt typss of documents:
COMTRACTS (aseumes authori=ed COUNGL RESOLUTION (IAtn�tid, BdytaJ
budget exists) Accept. (irants)
1. Outside Agsncy 1. Dspsrtmsnt Director
2. Inhieting DepartmsM 2. BudpN Dir.ctor
3. City Attomey 3. City Attomsy
4. Mayor 4. MayoNAesfstant
s. Flr�ancs�Mprm svcs. Dir�ecta s. cny cound�
8. Finar�ce AccouMinp 6. Chief AccountaM,Fln d MprM S1res.
ADMINISTRATIVE ORDER (Budgst COUNCIL RESOLUTION (all othero)
Rsviaion) and ORDINANCE
1. Activity ManaQer 1. InitfaNng D�psrtmant Dincta
2. Dep�nmeM/►xour�tu�t 2. Gty Attomey
3. DspeRment Director 3. MayoN/►�Nstant
4. Bud�et DirsCtor 4. Gty Cou11d1
5. G�1ty qsrk
8. Chisf AocouMaM, Fln&M�mt Svcs.
ADMINISTRATIVE ORDERS (all othsrs)
1. Inidatinq D�partm�nt
2. dty Attomsy
3. MayoNAesistant
4. qy c�erk
TOTAL NUMBER OF 31CiNATURE PAOE3
IndicatA the A�o#peg�on whkh sipnaturos aro roquired end pepKCliP
each of th�e�
ACTION REQUESTED
Deacribe what tM projoctMaquest seslcs b sccomplfth in elther chronolopl-
cal oMsr or order of importeu�ce�whiche�nr ia rtrost eipproprfate for the
' iaeus. Do rwt write complets aerMences. Bpin e�ch item in your Ilst with
a verb. .
REOOMMENDATIONS
Complets if the fssue in queation hais beon pressnted beforo eny body.puW�
w pNvats.
SUPPORTS WHICH COUNdL OBJECTIVE?
. Indicate which Coundl objecdw(y Y��P�'���'e4��PP�bY���
the ksy word(s)(FIOU31NCi, RE�iEAT10N, NEIOHBORHOODS, ECON�IIC DEVELOPMENT,
�► BUD(3ET, SEWER SEPAFUTION).(SEE COMPLE7E LIST IN IN3TRUCTIONAL MANUAL.)
COUNGL OOMMITTEE/RESEARCH REPORT-OP'TIONAL A3 REOUESTED BY COUNqL
INITIATIN(i PROBLEM, 133UE,OPPORTUNITY
Explaln the situation or cwnditbns that crs�t�d a nesd for your project
or requ�t.
ADVANTAGES fF APPROVED
Indicate wNethsr this is�mply an annuu budpst procedure roqulrod by law/
charter or whether then aro tpsciflc wa fn wh�h ths City of SaiM Paul
and its citizens will bsnsfit from�is pro�sCt/ecNon.
DISADVANTAOES IF APPROVED
What nepative eff�cts or maja changes to exisNng or past procsases might
this ProJect/reQuwt produce if it is paseed(s.p.,tratNc dNaye� noise,
tax increasss a a�sments)4 To Whom?Whsn?For hoMr bng4
DISADVANTA(iES IF NOT APPROVED
What will bs the r�ath►s consequencea if the promised action is not
approved? Inebflfty to deliver sarvice?Continued high tratNc, noise,
accident ret.?L.oes of revsnw?
FINANCIAL IMPACT
ARhough y�ou must tailor the information you provide here to the fasue you
aro addreainp, in�neral you must anawer Mro qu�tiona: How much is it
poinp to cost?Who ia going to pay?
DEPARTMENT OF COMMUNITY SERVICES
. � ��.Dln��r q I- Z332
CTI'Y OF SAINT PAUL DMSION OF PUBIlC HErlLTH HOUSING CODE PROGRAMS
James Schetbel,1llayor SSS Cedar Street 612-292-7771
Sairu Paul,MN SSI01-2260
w
November 27, 1991 �EC E I V E D
DEC 0 3 �gg�
NOTICE OF PUBLIC HEARINGS
C�TY CL�RK
Council President and
Members of the City Council
The Division of Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested
the City Clerk schedule public hearings to consider a resolution ordering the repair or
removal of the nuisance building(s) located at:
178 Acker Street East
The City Clerk has scheduled the date of these hearings as follows:
Neighborhood Services Committee - Wednesday, December 18, 1991
City Council - Thursday, December 19, 1991
The owners and responsible parties of record are:
Name and Last Known Address Interest
Duane Barnes, Sr. Vendee on unrecorded Contract
114 Acker Street East for Deed
St. Paul, MN 55117
State of Minnesota Fee Owner per Tax Statement
Trust Exempt
c/o James Parker
15 Kellogg Blvd. W.
St. Paul, MN 55102
The legal description of this property is:
Lot 16, Block 8, Edmund Rice's Second Addition to the City of St. Paul
� 9 I -Z332.
Notice of Public Hearings - 178 Acker Street East
November 27, 1991
Page: 2
The City of Saint Paul, Division of Public Health has declared this building(s) to constitute a
"nuisance" as defined by Legislative Code, Chapter 45. The Division 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 the Division that the City Council pass a resolution ordering the
responsible parties to either repair, or demolish and remove this building in a timely manner,
and failing that, authorize the Division to proceed to demolition and removal, and to assess
all costs incurred against the real estate as a special assessment to be collected in the same
manner as taxes.
Sincerely,
� Y��
Charles A. Votel
Program Supervisor
Vacant/Nuisance Buildings Code Enforcement
cc: Jan Gasterland, Building Inspection and Design Division
Peter Warner, City Attorneys Office
Molly O'Rourke, City Clerk
Steve Zaccard, Fire Marshall
Jim Murphy, Neighborhood Services Committee
Dan Pahl, PED-Housing Division
: �I 2332
' ,a�t.o. CITY OF SAINT PAUL
`� �� DEPART'MENT OF COMMUNTfY SERVICES
� � :
% -' DIVISION OF PUBLIC HEALTH
"" SSS Cedar Street,Sai�Paul,Minneeota 55101
(612)292-7771
7AMFS SCHEIBEL
MAYOR
October 10, 1991
Order to Abate Nuisance Building(s)
State of Minnesota Duane Bames, Sr.
Trust Exempt 144 Acker Street East
15 Kellogg Blvd. W. #109 St. Paul, MN 55117
St. Paul, MN 55102-1613
Dear Sir or Madam:
The Vacant/Nuisance Buildings Code Enforcement Unit of the Division of
Public Health hereby declares the premises located at:
178 Acker Street East
and legally described as follows, to wit:
Edmund Rice's Second Addition to the City of St. Paul Lot 16
Blk 8
to comprise a nuisance condition in violation of the Saint Paul Legislative
Code, Chapter 45.02, and subject to demolition under authority of
Chapter 45.11.
On October 1, 1991, a Building Deficiency Inspection Report was compiled and the
following conditions were observed.
This list of deficiencies is not necessarily all the deficiencies present at this time. This
building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall
not again be used for cecupancy until such time as a Certificate of Compliance or a
Certificate of Occupancy has been issued. All repairs must be in accordance with
appropriate codes. Changes or additions to the electrical systeam, mechanical system,
plumbing system may necessitate updating or upgradiag the systems involved.
.
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178 Acker Street East
October 10, 1991
Page: 2
Interior
1. The Kitchen walls and ceiling are gutted. The floor boards aze unfinished and
exposed. The cabinets and counters, electrical ouflets and fixtures, plumbing fixtures,
appliances, windows and doors are all missing.
2. The living and dining room walls and ceiling aze gutted. The floor condition is
unfinished. The electrical outlets and fixtures are missing and the windows and doors
are unfinished.
3. The interior hallways and stairs have unfinished walls, ceilings and floors.
Exterior
4. The front steps to the porch are cracked with gaps in the concrete.
5. The foundation walls aze buckling, cracked, there aze gaps and mortar is missing.
6. The exterior siding is cracked and missing pieces. The wood underneath the siding is
defective and decayed.
7. The rear doorway is boarded.
8. The upper windows aze boarded, missing trim.
9. The porch in front is deteriorated. The side boards aze rotted and the porch is not
properly supported.
10. The eave boards and trim boards are rotted, deteriorated and missing in several
places.
11. The gutters and downspouts aze missing.
12. There plumbing vent stack is not visible.
13. The sidewalk from the front public sidewalk to the house has missing portions.
14. The south side basement wall is deteriorated and falling apart, there is loose mortar
below the grade area. The block foundation wall is unfinished and not capped off
above grade level. There is no floor.
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178 Acker Street East
October 10, 1991
Page: 3
Exterior - continued:
15. The south side wall for the first and second floor has unfinished wall boazd that is
rotted and deteriorated. The sill plate is rotted.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and
the resulting nuisance condition is not corrected by November 10, 1991 the City of Saint
Paul, Division of Public Health will begin a substantial abatement process to demolish and
remove the building(s). The costs of this demolition, including administrative costs will be
assessed against the property taxes as a special assessment in accordance with law.
As first remedial action, a Code Compliance Inspection must be obtained from the Building
Inspection and Design Division, Room 445, City Hall/Courthouse, (612)298-4212. This
inspection will identify specific defects, necessary repairs and legal requirements to correct
this nuisance condition.
You may request the City demolish the building(s) by contacting the Enforcement Officer at
(612)298-4153. Please be advised that �ll owners and interested parties or lienholders of
record must also sign this document.
As an owner or responsible party, you are required by law to provide full and complete
disclosure of this "Order to Abate" to all interested parties, all present or subsequent renters
and any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or
responsibility for this properiy, you must within seven (� days, notify the Enforcement
Officer with the names and addresses of any new owners or responsible parties.
The Enforcement officer is required by law to post a placard on this property which declares
it to be a "nuisance condition", subject to demolition and removal by the City. The Division
of Public Health is fiuther required to file a copy of this "Order to Abate" with the Ramsey
County Recorder's office and the City Clerk's Office.
If corrective action is not taken within the time specified in this order, the Enforcement
Officer will notify the City Council that abatement action is necessary. The City Clerk will
then schedule dates for Public Iiearings before the City Council at which time testimony will
be heard from all interested parties. After this hearing the City Council will adopt a
resolution stating what action if any, it deems appropriate.
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178 Acker Street East
October 10, 1991
Page: 4
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 this 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 this nuisance.
If you have any questions or request additional information please contact Terry Gove
between the hours of 8:00 and 9:30 a.m. at (612) 298-4153.
Sincerely,
F' .
� �
Chazles Votel
Program Supervisor
Vacant/Nuisance Buildings Code Enforcement Program
CV:jm
cc: S. Pemberton, PED - Housing
City Clerk
Ramsey County Recorders Office