Title
Resolution ordering the rehabilitation or wrecking and removal of the structures at 555 CHARLES AVE within fifteen (15) days after the October 20, 2010, City Council Public Hearing.
Body
WHEREAS, the Department of Safety and Inspections has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one story wood frame single family house located on property hereinafter referred to as the "Subject Property" and commonly known as 555 CHARLES AVE. This property is legally described as follows, to wit:
Hm Ranneys Sub Bk11 Stinsons D E 3o Ft Of S 9o Ft Of Lot 17 Blk 2
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by the Department of Safety and Inspections on or before April 25, 2010, the following are the now known owners, interested or responsible parties for the subject property: Mortgage Elec Reg Systems Inc, c/o Uset Weingarden And Liebo, 4500 Park Glen Rd #300, Minneapolis MN 55416-4891; Draper and Kramer Mortgage Corp, 33 W Monroe St, Chicago IL 60603; Karen Malgen, 14016 Knollway Drive N, Minnetonka MN 55305; Thomas-Dale/Dist. 7 Planning Council; and
WHEREAS, the Department of Safety and Inspections has notified the known owners, interested or responsible parties of the "Order to Abate Nuisance Building(s) pursuant to Saint Paul Legislative Code Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair or wreck and remove the structures(s) located on the Subject Property by August 16, 2010; and
WHEREAS, the enforcement officer has posted on July 16, 2010, 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 corrected and the Department of Safety and Inspections requested the City Clerk schedule public hearings before the Legislative Hearing Officer 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 the public hearings; and
WHEREAS, a hearing was conducted before the Legislative Hearing Officer of the City of Saint Paul City Council on September 28, 2010 and October 12, 2010, at which time City staff put the following additional information into the record:
1. This is a one-story, wood frame, single-family dwelling on a lot of 2,614 sq. ft. and has been vacant since July 1, 2008.
2. The City has had to boarded the building and secured against trespassers. There have been seven summary abatement notices since 2008, and ten work orders issued for boarding/securing, improperly stored refuse, garbage and miscellaneous debris, removal of tall grass and weeds, and removal of snow and ice.
3. A code compliance inspection was been done on June 29, 2010 and is attached and made a part of this record.
4. The vacant building registration fees in the amount of $1,000 went to assessment on August 20, 2010.
5. The $5,000 performance bond had not been posted as of September 23, 2010.
6. On June 29, 2010 an inspection of the building was done and a list of deficiencies which constitute a nuisance condition was developed. An order to abate a nuisance building was posted on July 15, 2010 with a compliance date of August 16, 2010. To date, the property remained in a condition which comprised a nuisance as defined by the Legislative Code.
7. Ramsey County Taxation estimated the market value of the land to be approximately $11,800 and the building to be $9,000. Real estate taxes are current.
8. Code Enforcement estimates the cost to repair the building to be approximately $75,000. The estimated cost for demolition is $10,000 to $13,000.
9. This property was built in 1884. It is the style of a worker’s cottage, a simple vernacular style. It is within the potential Frogtown Historic District that was identified in 1983 and it’s also within the survey area where work will be started in October-November. Half of the block on the western side has good contacts and integrity. There is a commercial building on the corner with brick veneer but all of the nearby lots are narrow lots so there is some consistency and character in the area. Because of the survey that is coming up and that it was identified previously, the building has potential as an historic resource but has not been identified as such.
WHEREAS, the owner of record present at the Legislative Hearing, Draper and Kramer Mortgage Corporation has indicated its willingness to complete the rehabiliation of this structure, through Charles Drake as its contractor; and
WHEREAS, the Legislative Hearing Officer identified the following conditions which need to be met prior to a recommendation to the City Council that it grant time for the building's rehabiliation:
1. A $5,000 performance deposit must be posted with the Department of Safety and Inspections;
2. A demonstration of the financial capacity to complete the rehabilitation must be made, including a statement indicating these funds will be made exclusively for this project until its successful completion;
3. A work plan or sworn construction statement which outlines clearly the tasks necessary to address all of the items in the Code Compliance Inspection Report and the timeline in which they will be completed;
4. A copy of the contract under which Mr. Charles Drake will undertake the rehabilitation of this property on behalf of Draper and Kramer Mortgage;
5. The property must be maintained in compliance with all applicable City, State and Federal Codes.
WHEREAS, after reviewing testimony and evidence, the Legislative Hearing Officer made the recommendation to approve the request to order the owners, 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 all applicable codes and ordinances or in the alternative by wrecking and removing the structure in accordance with all applicable codes and ordinances, which is to be completed within one hundred eighty (180) days after the date of the Council Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on October 20, 2010 and November 3, 2010, and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now, therefore, be it
RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 555 CHARLES AVE:
1. The Subject Property comprises a nuisance condition as defined in the Saint Paul Legislative Code;
2. That costs of wrecking and removal of this building(s) is estimated to exceed $5,000;
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 owners, interested and responsible parties to correct the deficiencies or to wreck and remove the building(s);
5. That the deficiencies causing this nuisance condition have not been corrected;
6. That the Department of Safety and Inspections has posted a placard on the Subject Property which declares it to be a nuisance condition, subject to wrecking and removal;
7. That this building(s) has been routinely monitored by Department of Safety and Inspections Vacant/Nuisance Buildings staff; and
8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Saint Paul Legislative Code Chapter 45 have been fulfilled.
and be it
RESOLVED, that the Saint Paul City Council hereby makes the following order:
1. The above-referenced owners, 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(s) and correcting all deficiencies as prescribed in the above-referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances. The rehabilitation or wrecking and removal of the structure must be completed within one hundred eighty (180) days after the date of the Council Hearing;
2. If the above corrective action is not completed within this period of time, the Department of Safety and Inspections is hereby authorized to take whatever steps are necessary to wreck and remove this structure, fill the site and charge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code;
3. In the event the building is to be wrecked and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the wrecking and removal shall be removed from the Subject Property by the owners or responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law; and
4. It is further ordered that a copy of this resolution be mailed to the owners, interested and responsible parties in accordance with Chapter 45 of the Saint Paul Legislative Code.