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File #: RLH RR 12-64    Version:
Type: Resolution LH Substantial Abatement Order Status: Passed
In control: City Council
Final action: 9/5/2012
Title: Ordering the razing and removal of the structures at 849 CASE AVENUE within fifteen (15) days after the September 5, 2012 City Council Public Hearing.
Sponsors: Dan Bostrom
Ward: Substantial Abatement Orders, Ward - 6
Attachments: 1. 849 Case Ave.Order to Abate.pdf, 2. 849 Case Ave.Public Hearing Notice.pdf, 3. 849 Case Ave.Photos.pdf, 4. 849 Case Ave.R-R FTA Ltr 8-16-12.pdf
Title
Ordering the razing and removal of the structures at 849 CASE AVENUE within fifteen (15) days after the September 5, 2012 City Council Public Hearing.
Body
WHEREAS, the Department of Safety and Inspections has determined that 849 CASE AVENUE 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:  E M Mackubins 2nd Addition Lot 23 Blk 2; 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 July 13, 2012: Wells Fargo Bank NA, c/o Bank of America, 400 Countrywide Way, Simi Valley CA 93065-6298; Peterson Fram & Bergman, 55 E 5th Street #800, Saint Paul MN 55101; and Payne Phalen District 5 Planning Council LeslieMcMurray@paynephalen.org <mailto:LeslieMcMurray@paynephalen.org>; and
WHEREAS, each of these parties was served a written order dated May 29, 2012 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 28, 2012; 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 28, 2012; and
 
WHEREAS, a placard indicating the City's order that this nuisance building be abated was posted on the building on May 30, 2012in accordance with Saint Paul Legislative Code §45.11(2)c; and
 
WHEREAS, the nuisance condition was not corrected by June 28, 2012 and, therefore, an abatement hearing was scheduled before the City Council on September 5, 2012 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 August 14, 2012; and
WHEREAS, a public hearing was held on September 5, 2012 and the City 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 849 CASE AVENUEis 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; and
3.   That the owners, interested parties or responsible parties have not [have] 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
 
RESOLVED, that the City Council orders that the owners, interested parties or responsible parties shall raze and remove the structure(s) within fifteen (15) days after the City Council public hearing; 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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