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File #: RES 10-960    Version:
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 11/17/2010
Title: AMENDED 11/17/10 Ordering the rehabilitation or wrecking and removal of the structures at 1644 REANEY AVENUE within fifteen (15) days after the November 17, 2010, City Council Public Hearing.
Sponsors: Kathy Lantry
Ward: Substantial Abatement Orders, Ward - 7
Attachments: 1. 1644 Reaney Ave.Summary for Public Hearing.pdf, 2. 1644 Reaney Ave.R-R.LH Ltr.10-26-10.pdf, 3. 1644 Reaney Ave.Order to Abate Nuisance Building.8-5-10.pdf, 4. 1644 Reaney Ave.Photos.7-7-10.pdf, 5. 1644 Reaney Ave.Owners & Interested Parties.10-1-10.pdf, 6. 1644 Reaney Ave.Public Hearing Notice.9-24-10.pdf, 7. 1644 Reaney Ave.Demo Bids.9-20-10.pdf
Title
AMENDED 11/17/10
 
Ordering the rehabilitation or wrecking and removal of the structures at 1644 REANEY AVENUE within fifteen (15) days after the November 17, 2010, 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 single story, wood frame, single family dwelling located on property hereinafter referred to as the "Subject Property" and commonly known as 1644 REANEY AVE. This property is legally described as follows, to wit:
 
Denslows Re Pt B2pt B3pt B4 Lot 4 Blk 9
 
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 April 25, 2010, the following are the now known owners, interested or responsible parties for the subject property: Wells Fargo Bank Na, 150 Allegheny Center, Pittsburgh PA 15212-5335; Jessie S Yang, 1986 Margaret St, St Paul MN 55119-3922; Usset, Weingarden & Liebo, PLLP, 4500 Park Glen Rd, #300, Minneapolis, MN 55416; District 2 Community Council Greater East Side; 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 6, 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 1-story wood frame single-family dwelling on a lot of 5,227 square feet.  According to the file, it has been vacant since April 8, 2009.
2.      The City had to board the building and secure against trespassing.  There have been three (3) Summary Abatement Notices since 2009; there's been five (5) Work Orders for removal of tall grass and weeds.
3.      No Code Compliance Inspection Report has been requested by the owner.
4.      The vacant building registration fees have been paid by assessment in 2009 and 2010.
5.      No $5,000 performance deposit has been posted with the Department of Safety and Inspections as of November 9, 2010.
6.      On July 14, 2010, an inspection of the building was conducted with a list of deficiencies which constitute a nuisance.  Conditions were developed; photographs were taken.  An Order to Abate a Nuisance Building was posted on August 5, 2010 with a compliance date of September 20, 2010.  As of this date, the property remains in a condition which comprises a nuisance legislative code.
7.      Ramsey County Taxation has placed an estimated market value of $20,800 on the land and $52,000 on the building.  Real Estate taxes for 2009 and 2010 are delinquent in the amount of $5,209.80 plus penalty and interest.
8.      Code Enforcement estimates repairs to the structure starting at $15,000 with demolition starting between $5,000 and $11,000.  
9.      This building is located in the Greater East Side neighborhood and was built in 1915.  There are significant concerns about the architectural and historic integrity of this building.  
 
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 fifteen (15) 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 1644 REANEY 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 wrecking and removal of the structure(s) 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) 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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