Title
Final version adopted 12/1/2010
Ordering the rehabilitation or razing and removal of the structures at 1456 COHANSEY STREET within one hundred eighty (180) days after the November 17, 2010, City Council Public Hearing.
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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 house and one stall attached garage located on property hereinafter referred to as the "Subject Property" and commonly known as 1456 COHANSEY STREET. This property is legally described as follows, to wit:
Edwin M Wares Cumbrlnd Plat 1 Vac Alley Accruing & Fol; S 1/2 Of Lot 19 & All Of Lot 18 Blk 12
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 May 3, 2010, the following are the now known owners, interested or responsible parties for the subject property: Richard A Bednar, 229 E Park St, Owatonna MN 55060-4055; The Third Northwestern Natl Bank of Mpls, 425 E. Hennepin Avenue, Minneapolis MN 55414; Minnesota Housing Finance Agency c/o Banco Mortgage Company, PO Box 780, Waterloo IA 50704; District 6 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 September 3, 2010; and
WHEREAS, the enforcement officer has posted on July 24, 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 October 12, 2010, at which time staff put the following information into the record:
1. This is a one-story, wood frame, single family dwelling with an attached one (1) stall garage on a lot of 7,841 square feet and according to DSI files, it's been vacant since July 26, 2006.
2. There have been 23 Summary Abatement notices since 2006 and there has been 41 Work Orders for boarding/securing, removal of tall grass and weeds, removal of stored refuse, garbage and misc debris, and removal of snow and ice.
3. As of September 3, 2010, a code compliance inspection had not been completed.
4. The Vacant Building registration fees have gone to assessment.
5. A $5,000 performance deposit has not been posted with the Department of Safety and Inspections,
6. On June 21, 2010 an inspection of the building was conducted, a list of deficiencies a nuisance condition was developed and photographs were taken. An Order to Abate a Nuisance Building was posted on July 23, 2010 with a compliance date of September 3, 2010. As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code.
7. Ramsey County Taxation has placed an estimated market value of $83,700 on the land and $42,600 on the building. Real Estate taxes are current.
8. Code Enforcement Officers estimate the cost to repair this structure to exceed $50,000; the cost to demolish is $6,000 to $11,000.
9. This is a post-World War II house in an area which has many intact houses of this style, an, therefore; Heritage Preservation staff encourage rehabilitation.
WHEREAS, Mr. John Boyle appeared on behalf of Mr. Richard, the owner of record,
at the Legislative Hearing, indicating his client's interest in completing the rehabilitation of this structure; and
WHEREAS, the Legislative Hearing Officer identified the following conditions which need to be met prior to November 17, 2010:
1. the $5,000 performance bond must be posted
2. a Code Compliance Inspection needs to be done
3. financial documentation must be provided that indicates the ability to complete the necessary repairs;
4. an affidavit dedication the funds from an account for this project must be provided;
5. a work plan needs to be done in accordance with the Code Compliance inspection report;
6. a lockbox with combination must provided;
7. the property must be maintained.
WHEREAS, these conditions have been met as of November 17, 2010; and
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 sage 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 if after a period of 60 days work is progressing as anticipated in the submitted plans; and
WHEREAS, a hearing was held before the Saint Paul City Council on November 3, 2010, continued to November 17 and December 1, 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 1456 COHANSEY STREET:
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.