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File #: RLH RR 19-15    Version:
Type: Resolution LH Substantial Abatement Order Status: Passed
In control: City Council
Final action: 5/22/2019
Title: Ordering the rehabilitation or razing and removal of the structures at 412 HOLLY AVENUE within fifteen (15) days after the April 24, 2019 City Council public hearing. (Amend to grant 180 days)
Sponsors: Dai Thao
Ward: Substantial Abatement Orders, Ward - 1
Attachments: 1. 412 Holly Ave.OTA 12-7-18, 2. 412 Holly Ave.PH 2-22-19, 3. 412 Holly Ave.Code Compliance Report 2-18-19, 4. 412 Holly Ave.SHPO 1-9-19, 5. 412 Holly Ave.Photos 9-5-13, 6. 412 Holly Ave.Photos.11-29-18, 7. 412 Holly Ave.Condemnation & Order to Vacate.5-29-13, 8. 412 Holly Ave.Photos.5-28-13, 9. 412 Holly Ave.Photos.9-3-13, 10. 412 Holly Ave.Tracy Luther Letter.3-22-19 letter, 11. 412 Holly Ave.Ron Zweber.3-25-19 letter, 12. 412 Holly Ave.Mason Riddle.3-25-19 email, 13. 412 Holly Ave.Paid Ramsey County Taxes.3-26-19.pdf, 14. 412 Holly Ave.Letters of Support.3-25-19.pdf, 15. 412 Holly Ave.Rudensky letter.3-26-19.pdf, 16. 412 Holly Ave.1975 Article.3-26-19.pdf, 17. 412 Holly Ave.Pioneer Press Ad from 3-17-74.pdf, 18. 412 Holly Ave.Owner Photos.3-26-19.pdf, 19. 412 Holly Ave.Wager Letter.3-26-19.pdf, 20. 412 Holly Ave.Faricy Letter.3-26-19.pdf, 21. 412 Holly Ave.R-R Letter Ltr.3-29-19, 22. 412 Holly Ave.Heritage Preservation Commission Resolution & Packet.4-22-19, 23. 412 Holly Ave.Purchase Agreement.5-9-19.pdf, 24. 412 Holly Ave.Sworn Construction Statement.5-14-19.pdf
Related files: RLH VBR 19-51, RLH RR 19-31, RLH RR 20-8

Title

Ordering the rehabilitation or razing and removal of the structures at 412 HOLLY AVENUE within fifteen (15) days after the April 24, 2019 City Council public hearing. (Amend to grant 180 days)

 

Body

WHEREAS, the Department of Safety and Inspections has determined that 412 HOLLY 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:  SUBDIVISION OF BLOCKS 19, 21 A EX THE W 8 FT LOT 16 AND ALL OF LOT 17 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 December 7, 2018: Daniel E Wagers, 596 Summit Ave Apt 1, St Paul MN 55102-2693; Summit-University Planning Council; and

 

WHEREAS, each of these parties was served a written order dated December 7, 2019 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 January 6, 2019; 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 January 6, 2019; and

 

WHEREAS, a placard indicating the City’s order that this nuisance building be abated was posted on the building on December 10, 2019 in accordance with Saint Paul Legislative Code §45.11(2)c; and

 

WHEREAS, the nuisance condition was not corrected by January 6, 2019, and therefore an abatement hearing was scheduled before the City Council on April 24, 2019 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 March 26, 2019; and

 

WHEREAS, a public hearing was held on April 24, 2019, 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 412 HOLLY 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 November 12, 2019 at 10:00 a.m. 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 December 4, 2019 at 3:30 p.m. 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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