Title
AMENDED 11/17/10
Ordering the rehabilitation or wrecking and removal of the structures at 922 THOMAS AVENUE within fifteen (15) 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 commercial building located on property hereinafter referred to as the "Subject Property" and commonly known as 922 THOMAS AVE. This property is legally described as follows, to wit:
Franklin Addition Tost Paul Lot 1 Blk 1
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 17, 2010, the following are the now known owners, interested or responsible parties for the subject property: Abdul Tel/Naifha Wraidat, 4456 Van Buren St NE, Columbia Heights, MN 55421; Equity Bank, 5900 Green Oak Drive, Minnetonka, MN 55343; 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 September 20, 2010; and
WHEREAS, the enforcement officer has posted on August 13, 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 26, 2010 at which time City staff put the following additional information into the record:
1. This is a one story, wood frame, commercial building on a lot of 4,356 square feet. According to the file, it has been a vacant building since December 22, 2009.
2. There have been three (3) Summary Abatement Notices since 2009 and three (3) Work Orders issued for: 1) removal of snow and ice; and 2) improperly stored refuse, garbage and miscellaneous debris.
3. As of September 13, 2010, a Team Inspection (Code Compliance Inspection) has been completed.
4. The vacant building registration fees have been paid.
5. A $5,000 performance deposit has been posted with the Department of Safety and Inspections on August 27, 2010.
6. On July 20, 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 August 12, 2010 with a compliance date of September 20, 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 $33,900 on the land and $191,100 on the building. Real Estate taxes for the year 2010 are deliniquent in the amount of $9,550.60 plus penalty and interest.
8. Code Enforcement officers estimate the cost to repair this structure to exceed $75,000; the estimated cost of demolition to be between $13,000 and $20,000.
9. This building was likely built in 1947, although the building permit index card was not available at this time. It appears that the building is just outside of the legacy survey area. It was not noted in any of the Neighborhood Commercial Corridors context studies, which identified neighborhood commercial nodes (2001). It likely does not have any potential for designation as an individual historic property and is not in an area being considered for historic district designation.
WHEREAS, Mr. Jerome Ritter, Attorney appeared on behalf of Abdul Tel/Naifha Wraidat, 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 9, 2010 for a recommendation to the City Council that additional time be granted for the rehabilitation of this structure:
1. A work plan including timelines for completing the work from Artisan, the selected contractor for this project;
2. A copy of the public adjuster's claim and estimates;
3. A copy of the insurance checks;
4. The property taxes must be paid; and
5. The property must be maintained in compliance with all applicable City, State and Federal Codes.
WHEREAS, the property taxes have been paid and brought current and the property has been maintained in compliance with all applicable City, State and Federal Codes; the public adjuster's claim and estimates and a copy of the insurance checks have been forthcoming; 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 ninety (90) days after the date of the Council Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on November 17, 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 922 THOMAS 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 fifteen (15) sixty (60) 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.