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File #: RLH RR 14-28    Version:
Type: Resolution LH Substantial Abatement Order Status: Passed
In control: City Council
Final action: 3/25/2015
Title: Ordering the rehabilitation or razing and removal of the structures at 353 WHEELOCK PARKWAY WEST within fifteen (15) days after the February 4, 2015, City Council Public Hearing.
Sponsors: Amy Brendmoen
Ward: Substantial Abatement Orders, Ward - 5
Attachments: 1. 353 Wheelock Pkwy.OTA 10-21-14, 2. 353 Wheelock Pkwy.PH 12-12-14, 3. 353 Wheelock Pkwy.SHPO Form 10-28-14, 4. 353 Wheelock Pkwy W.Photos 1 .10-9-14, 5. 353 Wheelock Pkwy W.Photos 2 .10-9-14, 6. 353 Wheelock Pkwy W.Photos 3.10-9-14, 7. 353 Wheelock Pkwy W.Forster R-R Ltr.1-14-15, 8. 353 Wheelock Pkwy W.Forster R-R Ltr.1-28-15, 9. 353 Wheelock Pkwy.Code Compliance Inspection 2-9-15, 10. 353 Wheelock Pkwy W.Forster R-R Ltr.2-11-15, 11. 353 Wheelock Pkwy W.Forster R-R Ltr.2-25-15, 12. 353 Wheelock Pkwy W.Forster R-R Ltr.3-12-15, 13. 353 Wheelock Pkwy W.Cashier's Check to Ocwen.3-17-15, 14. 353 Wheelock Pkwy W.Financial Document.3-17-15, 15. 353 Wheelock Pkwy W.Urban Renovations LLC Estimate.3-17-15, 16. 353 Wheelock Pkwy W.Forster Email.3-13-15, 17. 353 Wheelock Pkwy W.Customer Total Amount.3-13-15, 18. 353 Wheelock Pkwy W.Forster Email.3-18-15, 19. 353 Wheelock Pkwy W.Urban Renovations Work Plan to include Building Est.3-19-15, 20. 353 Wheelock Pkwy W.Forster Email.3-24-15, 21. 353 Wheelock Pkwy W.Forster Email.3-25-15, 22. 353 Wheelock Pkwy W.Line of Credit Financing.3-25-15
Related files: RLH VBR 13-72
Title
Ordering the rehabilitation or razing and removal of the structures at 353 WHEELOCK PARKWAY WEST within fifteen (15) days after the February 4, 2015, City Council Public Hearing.
 
Body
AMENDED 3/4/15 and 3/18/15
WHEREAS, the Department of Safety and Inspections has determined that 353 WHEELOCK PARKWAY WEST 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:  Edwin M Wares Cumbrlnd Plat2 Vac St Accruing & Fol; Ex W 74 Ft; Lots 11 & Lot 12 Blk 4; 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 December 12, 2014:  Ronald and Wendy Forster, 8465 Country Road 35 W, Annandale, MN 55302-2606; GMAC, c/o Ocwen Loan Servicing, 1100 Virginia Dr Suite 175, Fort Washington, PA 19034; OCWEN Loan Servicing, 3451 Hammond Ave, Waterloo, IA 50702, Safeguard Properties, 7887 Safeguard Circle, Valley View, OH 44125; Core Logic, 1 Core Logic Way 2-5, Westlake, TX 76262; Peterson Fram & Bergman, 55 E 5th Street, Suite 800, Saint Paul, MN 55101; and District 6 Planning Council; and
WHEREAS, each of these parties was served a written order dated October 21, 2014 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 November 20, 2014; 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 November 20, 2014; and
 
WHEREAS, a placard indicating the City's order that this nuisance building be abated was posted on the building on October 22, 2014 in accordance with Saint Paul Legislative Code §45.11(2)c; and
 
WHEREAS, the nuisance condition was not corrected by November 20, 2014, and therefore an abatement hearing was scheduled before the City Council on February 4, 2015 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 legislative hearings on January 13, 2015, January 27, 2015, February 24, 2015, March 10, 2015; and
WHEREAS, a public hearings was were held on February 4, 2015 and March 18, 2015, 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 353 WHEELOCK PARKWAY WEST 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 15 180 days. And, Be It Further
RESOLVED, that the 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 15 180 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).
Date NameDistrictOpinionCommentAction
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