Title
Resolution ordering the rehabilitation or wrecking and removal of the structures at 365 Burgess Street within fifteen (15) days after the City Council Public Hearing (Ward 5)
Body
WHEREAS, 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 and one-half story, wood frame, single family home and detached, one stall, wood frame, garage located on property hereinafter referred to as the "Subject Property" and commonly known as 365 BURGESS STREET. This property is legally described as follows, to wit: Robert A Smiths Rearrangement Lot 12 Blk 4; and
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Department of Safety and Inspections on or before March 16, 2010, the following are the now known interested or responsible parties for the Subject Property: Wells Fargo Bank NA, Foreclosure Dept Mac 7801 013, 3476 Stateview Blvd, Fort Mill SC 29715-7203; Reiter & Schiller, PA, Attorneys at Law, The Academy Professional Building, 25 N. Dale Street, St. Paul, MN 55102; District 6 Planning Council; and
WHEREAS, Department of Safety and Inspections has notified the known interested or responsible parties of the "Order to Abate Nuisance Building(s)" dated June 8, 2010 as provided for in Chapter 45 of the Saint Paul Legislative Code; and
WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by July 12, 2010; 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 corrected and Department of Safety and Inspections requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and
WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, August 24, 2010 to hear testimony and evidence, which included addtional information from the Department of Safety and Inspections and Planning and Economic Development, as follows:
1. The structure has been a registered vacant building since October 2008 following a series of nuisance abatements and an electricity shut-off;
2. There have been ongoing nuisance abatement concerns from October 2008 to the present, including four (4) summary abatement notices and six (6) work orders issued for improperly stored refuse, garbage and miscellaneous debris, removal of tall grass and weeds and removal of snow and ice;
3. The vacant building fees were assessed to the property taxes, as they were delinquent;
4. The owner has not ordered a code compliance inspection, which would provide a baseline expectation of what code violations needed to be addressed in order for the building to minimally code compliant and therefore, habitable;
5. The owner has not posted a performance deposit with the City, indicating an intent to rehabilitate the property and allowing for building permits to be issued;
6. Costs for removal of the structures on this property are estimated to be between $9,000 and $11,000, and the cost for rehabilitation are estimated to exceed $65,000;
7. Photographs document the severity of the violation; including significant water damage; and
8. Historic Preservation Commission staff reviewed the proposed substantial abatement order for this property finding that it is a 1910 workers cottage, or vernacular, style building which is located on a block with a good rhythm of existing buildings from this era, but there is not much information on the area in general; and that its demolition would not have an adverse impact on the neighborhood.
WHEREAS, after receiving testimony and reviewing evidence, the Legislative Hearing Officer made the recommendation to approve the request 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 demolishing and removing the structure in accordance with all applicable codes and ordinances. The demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September 15, 2010 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; and
WHEREAS, testimony was received at the City Council's hearing from Rebecca Schiller, representing Wells Fargo, indicating that Wells Fargo was interested in rehabilitating the property; and
WHEREAS, based upon this testimony the City Council referred this matter into Legislative Hearing in order that plans for the building's rehabilitation may be reviewed prior to additional Council deliberation; and
WHEREAS, subsequent review by the Legislative Hearing Officer found that: blah, blah, blah.
WHEREAS, based on this review, the Legislative Hearing Officer recommends..
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 365 BURGESS STREET
1. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45.
2. That the costs of demolition and removal of this building(s) is estimated to exceed five thousand dollars ($5,000.00).
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. That the deficiencies causing this nuisance condition have not been corrected.
6. That Department of Safety and Inspections 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 Department of Safety and Inspections, Vacant/Nuisance Buildings.
8. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City 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 demolishing and removing the structure in accordance with all applicable codes and ordinances. The demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing.
2. If the above corrective action is not completed within this period of time Department of Safety and Inspections is hereby authorized to take whatever steps are necessary to demolish 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 demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law.
4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code.