Title
Ordering the rehabilitation or razing and removal of the structures at 489 SHERBURNE AVENUE within fifteen (15) days after the March 27, 2019 City Council public hearing. (Amend to remove or repair within 180 days)
Body
AMENDED 1/15/20
WHEREAS, the Department of Safety and Inspections has determined that 489 SHERBURNE 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: SMITHS SUB OF STINSNS DIV B9 10 15 16 LOT 33 BLK 15; 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 November 7, 2018: William J Stuff, 489 Sherburne Ave, St Paul MN 55103-1944; and Frogtown Neighborhood Association; and
WHEREAS, each of these parties was served a written order dated November 7, 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 December 7, 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 December 7, 2018; and
WHEREAS, a placard indicating the City’s order that this nuisance building be abated was posted on the building on November 8, 2019 in accordance with Saint Paul Legislative Code §45.11(2)c; and
WHEREAS, the nuisance condition was not corrected by December 7, 2018, and therefore an abatement hearing was scheduled before the City Council on March 27, 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 legislative hearings on February 26, 2019, March 12, 2019, April 9, 2019, April 23, 2019, May 14, 2019, June 11, 2019, June 25, 2019, July 30, 2019, August 13, 2019, October 8, 2019, October 22, 2019 and January 14, 2020; and
WHEREAS, a public hearing were was held on March 27, 2019, September 11, 2019, November 26, 2019 and January 15, 2020, 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 489 SHERBURNE 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 June 23, 2020 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 July 8, 2020 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).