Title
Ordering the substantial abatement/cleanup of the property at 778 JESSIE STREET within fifteen (15) days after the November 16, 2016 City Council public hearing. (Public hearing continued from December 7, 2016) (Amend to 90 days)
Body
AMENDED 1/4/17
WHEREAS, the Department of Safety and Inspections has determined that 778 JESSIE STREET is a nuisance property pursuant to Saint Paul Legislative Code §45.02 and §45.03; and it has multiple 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: Stinsons Addition Lot 2 Blk 16; 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 September 23, 2016: Ray Caliguire, 559 Brunson Street, Saint Paul, MN 55130; Ray Caliguire, 778 Jessie Street, Saint Paul MN 55130; and District 5 Planning Council; and
WHEREAS, each of these parties was served a written order dated August 15, 2016 advising them of the basis for the determination that the subject property was a nuisance, and that the nuisance be abated by September 15, 2016; and
WHEREAS, this order informed the interested or responsible parties that they must abate or cleanup the property by September 15, 2016; and
WHEREAS, a placard indicating the City’s order that this nuisance property be abated was posted on the property on August 24, 2016 in accordance with Saint Paul Legislative Code §45.11(2)c; and
WHEREAS, the nuisance condition was not corrected by September 15, 2016, and therefore an abatement hearing was scheduled before the City Council on November 16, 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 hearings on October 25, 2016 and December 13, 2016; and
WHEREAS, a public hearings were was held on November 16, 2016 and January 4, 2017, 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 property at 778 JESSIE STREET is a nuisance pursuant to Saint Paul Legislative Code §45.02 and §45.03; and 1) it has multiple 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 2) 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 correct all of the deficiencies listed in the Order to Abate Exterior Nuisance report and to make the property safe and code compliant within 15 90 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 abate the nuisance 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 cleanup 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).