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Ordering the razing and removal of the structures at 217-219 WHITE BEAR AVENUE NORTH within fifteen (15) days after the June 5, 2013, City Council Public Hearing. (Public hearing held June 5; laid over from June 26)
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AMENDED 6/26/13
WHEREAS, the Department of Safety and Inspections has determined that 217-2199 WHITE BEAR AVENUE NORTH is a nuisance building pursuant to Saint Paul Legislative Code §45.02 as 1) it is a vacant building as defined in §43.02; and 2) it has multiple housing code or building code violations or it has conditions constituting material endangerment as defined in §34.23, or it has a documented and confirmed history as a blighting influence in the community; and
WHEREAS, this property is legally described as follows, to wit: Auditors Subdivision No 55 Subj To Ave The E 148 9/10 Ft Of N 68 5/10 Ft Of S 167 Ft Of Lot 1; and
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information on file or obtained by the Department of Safety and Inspections, the following are the owners, interested or responsible parties for the subject property as of April 12, 2013: Xai Thao and Vuepao Thao, 1791 82nd St, New Richmond WI 54017-7120; America's Wholesale Lender, PO Box 660694, Dallas TX 75266-0694; MERS, PO Box 2026, Flint MI 48501-2026; BAC Home Loan Servicing LP, 400 Countrywide Way, Simi Valley CA 93065; Hiway Federal Credit Union, 111 Empire Drive, Saint Paul MN 55103; Peterson, Fram & Bergman, 55 E 5th Street #800, Saint Paul MN 55101; and District 1 Community Council; and
WHEREAS, each of these parties was served a written order dated March 11, 2013 advising them of the basis for the determination that the subject property was a nuisance, and that the nuisance building was to be repaired or razed and removed by April 10, 2013; and
WHEREAS, this order informed the interested or responsible parties that they must repair or raze and remove the structures(s) located on the Subject Property by April 10, 2013; and
WHEREAS, a placard indicating the City's order that this nuisance building be abated was posted on the building on March 12, 2013 in accordance with Saint Paul Legislative Code §45.11(2)c; and
WHEREAS, the nuisance condition was not corrected by April 10, 2013, and therefore an abatement hearing was scheduled before the City Council on June 5, 2013 and the owner or his duly authorized representative and any interested parties or their duly authorized representatives were properly notified of the time, date and place of the hearing; and
WHEREAS, the legislative hearing officer provided the owner and other interested parties an opportunity to discuss the matter at legislative hearings on May 14 and 28, 2013 and June 26, 2013; and
WHEREAS, a public hearing was held on June 5, 2013 and for discussion on June 26, 2013, and the Council reviewed the record, which included the exhibits from the Department of Safety and Inspections, the minutes and recommendation of the legislative hearing officer and any testimony at the hearing; Now, Therefore Be It
RESOLVED, that the Saint Paul City Council hereby finds:
1. That the structure(s) at 217-219 WHITE BEAR AVENUE NORTH is a nuisance building pursuant to Saint Paul Legislative Code §45.02, as 1) it is a vacant building as defined in §43.02; and 2) it has multiple housing code or building code violations or it has conditions constituting material endangerment as defined in §34.23, or it has a documented and confirmed history as a blighting influence in the community; and 3) these nuisance conditions have not been corrected after notice of the same to the owner.
2. That the Department of Safety and Inspections has complied with all of the procedural requirements of the Saint Paul Legislative Code Chapter 45.
3. That the owners, interested parties or responsible parties have not presented a plan acceptable to the legislative hearing officer and Department of Safety and Inspections staff to repair the structure(s) and correct all of the deficiencies listed in the Order to Abate Nuisance Building and the Code Compliance report and to make the structure(s) safe and code compliant within 15 days. And, Be It Further
RESOLVED, that the Council orders that the owners, interested parties or responsible parties shall raze and remove the structure(s) within 15 days. And, Be it Further
RESOLVED, that if the necessary corrective action has not been taken within the time allotted, the Department of Safety and Inspections is authorized to take those steps necessary to raze and remove this structure and to charge the costs incurred in accordance with Saint Paul Legislative Code §45.12(4). Any personal property or fixtures of any kind shall be removed by the owners, interested parties or responsible parties prior to the demolition or it will be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as it deems appropriate. And, Be It
FINALLY RESOLVED, that this resolution shall be served on any of the parties required to be notified in Saint Paul Legislative Code §45.12(4).