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File #: RLH RR 16-27    Version:
Type: Resolution LH Substantial Abatement Order Status: Passed
In control: City Council
Final action: 8/17/2016
Title: Ordering the razing and removal of the structures at 105 GRANITE STREET within fifteen (15) days after the August 17, 2016, City Council Public Hearing.
Sponsors: Amy Brendmoen
Ward: Substantial Abatement Orders, Ward - 5
Attachments: 1. 105 Granite St.OTA 5-18-16, 2. 105 Granite St.PH 6-24-16, 3. 105 Granite St.SHPO Form 5-27-16, 4. 105 Granite St.Photos 5-13-16, 5. 105 Granite St.FTA R-R Ltr.7-27-16

Title

Ordering the razing and removal of the structures at 105 GRANITE STREET within fifteen (15) days after the August 17, 2016, City Council Public Hearing.

 

Body

WHEREAS, the Department of Safety and Inspections has determined that 105 GRANITE STREET is a nuisance building pursuant to Saint Paul Legislative Code §45.02 as 1) it is a vacant building as defined in §43.02; and 2) it has multiple housing code or building code violations or it has conditions constituting material endangerment as defined in §34.23, or it has a documented and confirmed history as a blighting influence in the community; and

 

WHEREAS, this property is legally described as follows, to wit:  Edmund Rices Second addition Ex E 36 Ft Part E Of A L Run From Pt On N L Of And 69 32/1oo Ft W From Ne Cor Of Lot 13 To A Pt On S L Of And 69 48/1oo Ft W From Se Cor Of Sd Lot 13 Blk 3; and

 

WHEREAS, based upon the records in the Ramsey County Recorder's Office and information on file or obtained by the Department of Safety and Inspections, the following are the owners, interested or responsible parties for the subject property as of June 24, 2016: US Bank NA, 4325 17th Avenue SW, Fargo ND  58103; Rushmore Loan Management, 15480 Laguna Canyon Road, Suite 100, Irvine CA 92618; MTGLQ Investors, c/o Goldman Sachs Group, 6011 Connection Drive, 5th Floor, Irving TX 75039; Safeguard Properties, 7887 Safeguard Circle, Valley View OH 44125; and District 6 Planning Council; and

 

WHEREAS, each of these parties was served a written order dated May 18, 2016 advising them of the basis for the determination that the subject property was a nuisance, and that the nuisance building was to be repaired or razed and removed by June 17, 2016; and

 

WHEREAS, this order informed the interested or responsible parties that they must repair or raze and remove the structures(s) located on the Subject Property by June 17, 2016; and

 

WHEREAS, a placard indicating the City’s order that this nuisance building be abated was posted on the building on May 19, 2016 in accordance with Saint Paul Legislative Code §45.11(2)c; and

 

WHEREAS, the nuisance condition was not corrected by June 17, 2016, and therefore an abatement hearing was scheduled before the City Council on August 17, 2016 and the owner or his duly authorized representative and any interested parties or their duly authorized representatives were properly notified of the time, date and place of the hearing; and

 

WHEREAS, the legislative hearing officer provided the owner and other interested parties an opportunity to discuss the matter at a legislative hearing on July 26, 2016; and

 

WHEREAS, a public hearing was held on August 17, 2016, and the Council reviewed the record, which included the exhibits from the Department of Safety and Inspections, the minutes and recommendation of the legislative hearing officer and any testimony at the hearing; Now, Therefore Be It

 

RESOLVED, that the Saint Paul City Council hereby finds:

 

1.                     That the structure(s) at 105 GRANITE STREET is a nuisance building pursuant to Saint Paul Legislative Code §45.02, as 1) it is a vacant building as defined in §43.02; and 2) it has multiple housing code or building code violations or it has conditions constituting material endangerment as defined in §34.23, or it has a documented and confirmed history as a blighting influence in the community; and 3) these nuisance conditions have not been corrected after notice of the same to the owner.

2.                     That the Department of Safety and Inspections has complied with all of the procedural requirements of the Saint Paul Legislative Code Chapter 45.

3.                     That the owners, interested parties or responsible parties have not presented a plan acceptable to the legislative hearing officer and Department of Safety and Inspections staff to repair the structure(s) and correct all of the deficiencies listed in the Order to Abate Nuisance Building and the Code Compliance report and to make the structure(s) safe and code compliant within 15 days. And, Be It Further

 

RESOLVED, that the Council orders that the owners, interested parties or responsible parties shall raze and remove the structure(s) within 15 days. And, Be it Further

 

RESOLVED, that if the necessary corrective action has not been taken within the time allotted, the Department of Safety and Inspections is authorized to take those steps necessary to raze and remove this structure and to charge the costs incurred in accordance with Saint Paul Legislative Code §45.12(4). Any personal property or fixtures of any kind shall be removed by the owners, interested parties or responsible parties prior to the demolition or it will be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as it deems appropriate. And, Be It

 

FINALLY RESOLVED, that this resolution shall be served on any of the parties required to be notified in Saint Paul Legislative Code §45.12(4).

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