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File #: RLH RR 15-48    Version:
Type: Resolution LH Substantial Abatement Order Status: Passed
In control: City Council
Final action: 2/3/2016
Title: Ordering the razing and removal of the structures at 1295 KENT STREET within fifteen (15) days after the February 3, 2016, City Council Public Hearing.
Sponsors: Amy Brendmoen
Ward: Substantial Abatement Orders, Ward - 5
Attachments: 1. 1295 Kent St.OTA 10-28-15, 2. 1295 Kent St.PH 12-11-15, 3. 1295 Kent St.Photos 12-19-13, 4. 1295 Kent St.Photos 8-11-15, 5. 1295 Kent St.Photos 10-12-15.#1, 6. 1295 Kent St.Photos 10-12-15.#2, 7. 1295 Kent St.SHPO Form 11-5-15, 8. 1295 Kent St.Code Compliance Report 10-16-15, 9. 1295 Kent St.FTA R-R Ltr.1-13-16
Related files: RLH TA 16-438

Title

Ordering the razing and removal of the structures at 1295 KENT STREET within fifteen (15) days after the February 3, 2016, City Council Public Hearing.

 

Body

WHEREAS, the Department of Safety and Inspections has determined that 1295 KENT 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:  Mayhams Addition to St Paul N 13 Ft of Lot 11 and all of Lots 9 and Lot 10 Blk 1; 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 11, 2015:  Frank I. Smith, 7211 Foxbrick Ln #10208, Humble TX 77338-6228; MERS, PO Box 2026, Flint MI 48501; OCWEN Loan Servicing LLC, PO Box 24738, West Palm Beach FL 33416; Ken Kinney, 10995 186th St N, Marine On St Croix MN 55047; and District 6 Planning Council; and

 

WHEREAS, each of these parties was served a written order dated October 28, 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 November 27, 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 November 27, 2015; and

 

WHEREAS, a placard indicating the City’s order that this nuisance building be abated was posted on the building on October 29, 2015 in accordance with Saint Paul Legislative Code §45.11(2)c; and

 

WHEREAS, the nuisance condition was not corrected by November 27, 2015, and therefore an abatement hearing was scheduled before the City Council on February 3, 2016 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 January 12, 2016; and

 

WHEREAS, a public hearing was held on February 3, 2016, 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 1295 KENT 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.

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 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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