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Ordering the rehabilitation or razing and removal of the structures at 877 WILSON AVENUE within fifteen (15) days.
Legislative Hearing Staff Comments
Need the following conditions by November 6: 1) order a code compliance inspection report; 2) post the $5,000 performance deposit and 3) maintain the property. If the conditions are met, Ms. Moermond will recommend that the City Council lay the matter to December 11, 2012 Legislative Hearing and City Council Public Hearing on December 19, 2012 for owner to provide work plan and financial plan.
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WHEREAS, the Department of Safety and Inspections has determined that 877 WILSON 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: Rolfers Sub of B75 Lyman Dayt S 79 5o/1oo Ft of Lot 13 Blk 75; 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 August 10, 2012: Mie Vang, 1030 Oryan Trail N, W Lakeland MN 55082-1888; MERS, PO Box 2026, Flint MI 48501; Bear Stearns Residential Mortgage, 909 Hidden Ridge Dr #400, Irving TX 75038; Shapiro Nordmeyer & Zielke, 12550 W Frontage Road #200, Burnsville MN 55337; and Dayton's Bluff District 4 Community Council karin@daytonsbluff.org <mailto:karin@daytonsbluff.org><mailto:karin@daytonsbluff.org <mailto:karin@daytonsbluff.org>>; and
WHEREAS, each of these parties was served a written order dated June 25, 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 July 25, 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 July 25, 2012; and
WHEREAS, a placard indicating the City's order that this nuisance building be abated was posted on the building on June 26, 2012 in accordance with Saint Paul Legislative Code §45.11(2)c; and
WHEREAS, the nuisance condition was not corrected by July 25, 2012, and therefore an abatement hearing was scheduled before the City Council on October 3, 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 September 11, 2012; and
WHEREAS, a public hearing was held on October 3, 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 877 WILSON 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.
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 repair the structure, 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, or 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).