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File #: RES 10-1657    Version:
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 2/2/2011
Title: Ordering the razing and removal of the structures at 859 FRONT AVE within fifteen (15) days after the February 2, 2011, City Council Public Hearing.
Sponsors: Lee Helgen
Ward: Substantial Abatement Orders, Ward - 5
Attachments: 1. 859 Front.Hearing Notice.12-17-10.pdf, 2. 859 Front.Order to Abate.10-25-10.pdf, 3. 859 Front.Photos.10-5-10.pdf, 4. 859 Front Ave.R-R Ltr 1-11-11.pdf
Title
Ordering the razing and removal of the structures at 859 FRONT AVE within fifteen (15) days after the February 2, 2011, 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 two story wood frame commercial building, one stall wood frame garage and wood accessory shed in the rear of the property located on property hereinafter referred to as the "Subject Property" and commonly known as 859 FRONT AVE . This property is legally described as follows, to wit:
 
Royal Oaks W 1/2 Of Lot 1o And All Of Lot 11 Blk 17
 
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 August 2, 2010, the following are the now known owners, interested or responsible parties for the subject property: Soua Vang, 624 Fuller Ave Ste 206, St Paul MN 55104-4865;Soua Vang, 309 141st Ave, Anoka MN 55304-2587; 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 November 29, 2010; and
 
WHEREAS, the enforcement officer has posted on October 26, 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 January 11, 2011, at which time staff put the following information into the record:
 
1.  This is a two-story, wood frame, commercial building with a wood frame one-stall garage, in addition to a wood frame accessory shed on a lot of 6,534 square feet, and it has been a Vacant Building since July 19, 2007.  The current property owner is Soua Vang, per Ramsey County records.  
2.  There have been five (5) Summary Abatement Notices since 2007 and two (2) Work Orders issued for:  1) remove tall grass and weeds; and 2) Boarding/Securing.  
3.  On October 5, 2010, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken.  An Order to Abate a Nuisance Building was posted on October 25, 2010, with a compliance date of November 29, 2010.  As of this date, this property remains in a condition which comprises a nuisance as defined by the legislative code.  
4.  The Vacant Building registration fees are current.  
5. Ramsey County Taxation has placed an estimated market value of $57,800 on the land and $49,800 on the building, and taxes are current.  
6.  As of January 7, 2011, a Code Compliance Inspection has not been obtained and the $5,000 performance deposit has not been posted.
7.  Code Enforcement officers estimate the cost to repair this structure to exceed $50,000; cost of demolition between $10,000 and $12,000.  DSI is requesting that this building be removed within fifteen (15) days.
8.  PED-Historical Preservation Commission (HPC), reported that there is no Sanborn Insurance Map available for this property.  It looks as though it was originally a store and flats building.  It is at the corner of an entrance to Calvary Cemetery.  This area has not been surveyed nor is it in any upcoming survey plans.  There have been a lot of alterations; it has lost its integrity.  Demolition would have no adverse effect.  Zoned:  B2.
 
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 razing and removing the structure in accordance with all applicable codes and ordinances, which is 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 February 2, 2011, 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 859 FRONT 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 razing 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, 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.
 
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