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File #: RLH RR 18-28    Version: Name: 1332 Dayton Ave Remove/Repair
Type: Resolution LH Substantial Abatement Order Status: Passed
In control: City Council
Final action: 8/15/2018
Title: Ordering the rehabilitation or razing and removal of the structures at 1332 DAYTON AVENUE within fifteen (15) days after the August 15, 2018, City Council Public Hearing. (Amend to remove or repair within 180 days)
Sponsors: Dai Thao
Ward: Substantial Abatement Orders, Ward - 1
Attachments: 1. 1332 Dayton Ave.OTA 4-25-18, 2. 1332 Dayton Ave.PH 6-8-18, 3. 1332 Dayton Ave.SHPO 5-8-18, 4. 1332 Dayton Ave.Expired Code Compliance 5-4-15, 5. 1332 Dayton Ave.Photos 4-19-18, 6. 1332 Dayton Ave.Photos 4-27-18, 7. 1332 Dayton Ave.Gerrety Systems Inc Electrical Bid.7-13-18.pdf, 8. 1332 Dayton Ave.B&B Plumbing Bid.7-9-18.pdf, 9. 1332 Dayton Ave.Ltr from William Lesher of Drake Bank-unacceptable.7-17-18.pdf, 10. 1332 Dayton Ave.Financial Doc.7-17-18.pdf, 11. 1332 Dayton Ave.MN Dept of Revenue E-Certificate of RE Value.pdf, 12. 1332 Dayton Ave.Mespo Heating & Cooling Bid.7-9-18.pdf, 13. 1332 Dayton Ave.Ronea RR Ltr7-19-18.pdf, 14. 1332 Dayton Ave.Ronea RR LO Ltr 8-2-18.pdf, 15. 1332 Dayton Ave.Ronea RR Revised LO Ltr 8-2-18.pdf, 16. 1332 Dayton Ave.Bridgewater proof of funds.8-13-18.pdf, 17. 1332 Dayton Ave.Petition.pdf, 18. 1332 Dayton Ave.Sworn Construction Statement.8-13-18.pdf, 19. 1332 Dayton Ave.Vang-Ronea email.8-13-18.pdf, 20. 1332 Dayton Ave.chain emails.8-13-18.pdf, 21. 1332 Dayton Ave.Subs Estimates.8-14-18.pdf, 22. 1332 Dayton Ave.Esso Account Statement.8-14-18.pdf, 23. 1332 Dayton Ave.Perforance Bond.8-13-18.pdf
Related files: RLH RR 19-7, RLH RR 19-17

Title

Ordering the rehabilitation or razing and removal of the structures at 1332 DAYTON AVENUE within fifteen (15) days after the August 15, 2018, City Council Public Hearing. (Amend to remove or repair within 180 days)

 

Body

AMENDED 8/15/18

WHEREAS, the Department of Safety and Inspections has determined that 1332 DAYTON 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:  Anna E Ramsey Add Lot 13 Blk 5; 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 April 25, 2018:  Beneficial Investments LLC, PO Box 28692, Oakdale MN 55128; Red Dirt Lending LLC, 1220 N 50th Street, Oklahoma City OK 73118; Shapiro & Zielke, 12550 W Frontage Road Suite 200, Burnsville MN 55337; and Union Park District Council; and

 

WHEREAS, each of these parties was served a written order dated April 25, 2018 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 25, 2018; 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 25, 2018; and

 

WHEREAS, a placard indicating the City’s order that this nuisance building be abated was posted on the building on April 26, 2018 in accordance with Saint Paul Legislative Code §45.11(2)c; and

 

WHEREAS, the nuisance condition was not corrected by May 25, 2018, and therefore an abatement hearing was scheduled before the City Council on August 15, 2018 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 July 17 and August 14, 2018; and

 

WHEREAS, a public hearing was held on August 15, 2018, 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 1332 DAYTON 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 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 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 15 180 days after the City Council Public Hearing. And, Be it Further

 

RESOLVED, that at the conclusion of the 180-day grant of time, the Council will receive a report from the Legislative Hearing Officer with findings on the status of the nuisance abatement; And Be It Further

 

RESOLVED, that a Legislative Hearing is scheduled for February 26, 2019 at which owners, interested parties and Department of Safety and Inspection staff will present information on the current building conditions and progress toward abatement of the dangerous/nuisance conditions and the resulting findings will be presented to the City Council at a public hearing on March 6, 2019 for its consideration; 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 resolution compliance date 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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