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File #: RLH RR 15-26    Version:
Type: Resolution LH Substantial Abatement Order Status: Passed
In control: City Council
Final action: 8/19/2015
Title: Ordering the rehabilitation or razing and removal of the structures at 390 FRY STREET within fifteen (15) days after the August 19, 2015, City Council Public Hearing.
Sponsors: Russ Stark
Ward: Substantial Abatement Orders, Ward - 4
Attachments: 1. 390 Fry St.PH 6-26-15, 2. 390 Fry St.Code Compliance Insp Rep.6-25-14, 3. 390 Fry St.OTA 4-29-15, 4. 390 Fry St.SHPO Form 5-8-15, 5. 390 Fry St.Photos Doc 1.4-15-15, 6. 390 Fry St.Photos Doc 2.4-15-15, 7. 390-392 Fry St.Pre-Lien Notice.7-28-15, 8. 390-392 Fry St.Financial Plans.7-28-15, 9. 390-392 Fry St.Tran-Vo Ltr.7-30-15

Title

Ordering the rehabilitation or razing and removal of the structures at 390 FRY STREET within fifteen (15) days after the August 19, 2015, City Council Public Hearing.

 

Body

WHEREAS, the Department of Safety and Inspections has determined that 390 FRY 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:  Milham Park Ramsey Cominn Lot 21 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 June 26:  Trang Vo, 2475 Edgerton St, Little Canada MN 55117; Del Co Limited Partnership, PO Box 17122, Saint Paul MN 55117-0122; Gloria Jean Tracy, 2235 Rockwood Ave Apt A7, Saint Paul MN 55116-3296; Unity One Credit Union, 380 Jackson Street #279, Saint Paul MN 55101; Union Park District Council; and

 

WHEREAS, each of these parties was served a written order dated April 29, 2015 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 May 29, 2015; 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 May 29, 2015; and

 

WHEREAS, a placard indicating the City's order that this nuisance building be abated was posted on the building on April 30, 3015 in accordance with Saint Paul Legislative Code §45.11(2)c; and

 

WHEREAS, the nuisance condition was not corrected by May 29, 2015, and therefore an abatement hearing was scheduled before the City Council on August 19, 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 a legislative hearing on July 28, 2015; and

 

WHEREAS, a public hearing was held on August 19, 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 390 FRY 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; and

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 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).

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