Title
Granting a 180 day stay of enforcement of RLH RR 21-66, ordering the demolition for 288 AVON STREET NORTH, to Joe Steinmaus, for Steve and Richard Schoneck.
Body
WHEREAS, on December 8, 2021, the Saint Paul City Council adopted Council File RLH RR 21-66, which ordered the removal of 288 Avon Street North within 15 days; and
WHEREAS, following the Council decision on the matter, a request was made by Joe Steinmaus, for Steve and Richard Schoneck, to review this case again and consider granting a stay of enforcement; and
WHEREAS, letters to Steve and Richard Schoneck and Joe Steinmaus were sent December 27, 2021 indicating the criteria against which his request for a stay of enforcement, which included,
1. apply for a Code Compliance inspection with the Department of Safety & Inspections, including lock box code and box must be attached to door for use;
2. post a $5,000 performance deposit with the Department of Safety & Inspections (DSI);
3. have a third party rehabilitate the property, pending transfer of title, the contract used for this transaction will need to be approved by the Legislative Hearing Officer, noting title of the property cannot transfer until the rehabilitation is complete;
4. submit evidence of financing sufficient to complete the rehabilitation;
5. submit an affidavit indicating the finances will be dedicated to completing the project and not diverted until a code compliance certificate is issued;
6. submit work plan, sworn construction statement, or scope of work which should include subcontractor bids and a schedule for completion of the project; and
7. the property must be maintained.
WHEREAS, at the January 11, 2022 Legislative Hearing, Joe Steinmaus was to submit:
1. an addendum to the Purchase Agreement indicating title won't transfer until after Code Compliance Certificate is issued;
2. an affidavit dedicating funds to project;
3. an account statement from American National Bank indicating sufficient funds for both purchase and rehabilitation;
5. detailed schedule including signed bids based on completed Code Compliance Inspection Report; and
6. the property must be maintained.
WHEREAS, the Legislative Hearing was laid over to February 8, 2022 as the Code Compliance Inspection Report was not completed;
WHEREAS, the Legislative Hearing Officer conducted a Legislative Hearing on February 22, 2022 in order to assess progress in meeting conditions 1-5 enumerated above for Council consideration of a stay of enforcement; and
WHEREAS, the Legislative Hearing Officer recommends granting a 180 days stay of enforcement, as the purchaser, Joe Steinmaus met the conditions; Now, Therefore, Be It,
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 to make the structure(s) safe and code compliant, or shall raze and remove the structure(s) within 180 days after the City Council Public Hearing. And, Be it Further
RESOLVED, that a Legislative Hearing is scheduled for September 13, 2022 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 September 21, 2022 for its consideration; And, Be It Further
RESOLVED, that if the necessary corrective action has not been taken within the time allotted, the City Council may revoke the $5,000 performance deposit in part or in whole and the Department of Safety and Inspections 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).