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File #: RLH RR 18-32    Version: Name: Remove/Repair 522-524 Otis Ave
Type: Resolution LH Substantial Abatement Order Status: Passed
In control: City Council
Final action: 9/26/2018
Title: Ordering the rehabilitation or razing and removal of the structures at 522-524 OTIS AVENUE within fifteen (15) days after the September 5, 2018 City Council public hearing. (Amend to grant 180 days)
Sponsors: Samantha Henningson
Ward: Substantial Abatement Orders, Ward - 4
Attachments: 1. 522-524 Otis Ave.OTA 5-3-18, 2. 522-524 Otis Ave.PH 6-22-18, 3. 522-524 Otis Ave.SHPO Form 6-14-18, 4. 522-524 Otis Ave.Photos 4-27-18, 5. 522-524 Otis Ave.Fire C of O Revocation.9-18-17, 6. 522-524 Otis Ave.Concerned Citizens Email.7-23-18, 7. 522-524 Otis Ave.Henningdon-Concerned Citizens Email.7-26-18, 8. 522-524 Otis Ave.Cervantes Response to Concerned Citizens Email.7-27-18, 9. 522-524 Otis Ave.Chermak Email.7-30-18, 10. 522-523 Otis Ave.Photos submitted by owner at 518 Otis Ave.7-31-18.pdf, 11. 522-524 Otis Ave.Neighborhood Letters.7-31-18.pdf, 12. 522-524 Otis Ave.Jamsen email.8-2-18.pdf, 13. 522-524 Otis Ave.Tracy Young Statement re OlsonProperty.7-31-18.pdf, 14. 522-524 Otis Ave.Olson Ltr.8-2-18.pdf, 15. 522-524 Otis Ave.Chermak-Moermond Email.8-6-18, 16. 522-524 Otis Ave.Egeren & Mose Letter RE Olson Properties Desnoyer Park.8-4-18pdf.pdf, 17. 522-524 Otis Ave.Chermak-Moermond Email.8-27-18, 18. 522-524 Otis Ave.Olson Ltr.8-30-18, 19. 522-524 Otis Ave.Financials.8-31-18, 20. 522-524 Otis Ave.Camilleri Statement.8-28-18, 21. 522-524 Otis Ave.Performance Deposit Receipt.9-4-18.pdf, 22. 522-524 Otis Ave.Loan & Construction Agreement.8-24-18.pdf, 23. 522-524 Otis Ave.Line of Credit Promissory Note.9-24-18.pdf, 24. 522-524 Otis Ave.Mortgage Document.9-25-18.pdf, 25. 522-524 Otis Ave.Sworn Construction Statement & Bids.pdf, 26. 522-524 Otis Ave.Purchase Agreement.9-24-18.pdf, 27. 522-524 Otis Ave.Olson Ltr.9-26-18.pdf

Title

Ordering the rehabilitation or razing and removal of the structures at 522-524 OTIS AVENUE within fifteen (15) days after the September 5, 2018 City Council public hearing. (Amend to grant 180 days)

 

Body

AMENDED 9/26/18

 

WHEREAS, the Department of Safety and Inspections has determined that 522-524 OTIS 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:  Desnoyer Parkramsey Co Minn Swly 1/2 Of Vac Alley Adj And Nwly 1o Ft Of Lot 3 And All Of Lot 2 Blk 20; 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 May 3, 2018: Jay Olson, Arnold A Olson Trustee/Shirley A Olson Trustee, 3109 Stinson Blvd NE, St Anthony MN 55418-2337; Jay Olson, 8023 Lake Drive, Forest Lake MN 55025; Jeffrey F Chermak, Grand End LLC, 463 Desnoyer Avenue, Saint Paul MN 55104; and Union Park District Council; and

 

WHEREAS, each of these parties was served a written order dated May 3, 3018 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 June 2, 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 June 2, 2018; and

 

WHEREAS, a placard indicating the City’s order that this nuisance building be abated was posted on the building on May 4, 2018 in accordance with Saint Paul Legislative Code §45.11(2)c; and

 

WHEREAS, the nuisance condition was not corrected by June 2, 2018, and therefore an abatement hearing was scheduled before the City Council on September 5, 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 a legislative hearing on July 31, 2018 and August 28, 2018; and

 

WHEREAS, a public hearing was held on September 5, 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 522-524 OTIS 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 March 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 April 10, 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 may be 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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