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File #: RLH RR 21-60    Version:
Type: Resolution LH Substantial Abatement Order Status: Passed
In control: City Council
Final action: 7/13/2022
Title: Ordering the rehabilitation or razing and removal of the structures at 1941 UNIVERSITY AVENUE WEST (STORAGE/GARAGE) within fifteen (15) days after the September 22, 2021, City Council Public Hearing. (Amend to grant 180 days)
Sponsors: Mitra Jalali
Ward: Substantial Abatement Orders, Ward - 4
Attachments: 1. 1941 University Ave W.OTA 4-15-21, 2. 1941 University Ave W.PH 7-30-21, 3. 1941 University Ave W.Team Inspection Report 12-4-18, 4. 1941 University Ave W.SHPO Form 4-28-21, 5. 1941 University Ave W.Order to Vacate.12-11-14, 6. 1941 University Ave W.Photos 4-4-17, 7. 1941 University Ave W.Photos.6-5-18, 8. 1941 University Ave W.Photos 8-7-18, 9. 1941 University Ave W.Photos 9-29-20, 10. 1941 University Ave W.Photos 4-7-21, 11. 1941 University Ave W.Summary.pdf, 12. 1941 University Ave W.LS 8-24-21.pdf, 13. 1941 University Ave W.Eritrean Community Center of MN R-R Ltr.8-27-21, 14. 1941 University Ave W.Eritrean Community Center of MN R-R Ltr.10-1-21, 15. 1941 University Ave W.Eritrean Community Center of MN R-R Ltr.1-14-22, 16. 1941 University Ave.Contractor Bids.1-19-22, 17. 1941 University Ave W.Star application email.1-21-22, 18. 1941 University Ave W.Eritrean Community Center of MN R-R Ltr.1-28-22, 19. 1941 University Ave W.Photo.pdf, 20. 1941 University Ave W.Eritrean Community Center of MN R-R Ltr.3-11-22, 21. 1941 University Ave W.Eritrean Community Center of MN R-R Ltr.4-1-22, 22. 1941 University Ave W.Eritrean Community Center of MN R-R Ltr.4-14-22, 23. 1941 University Ave.structural engineer report.4-15-22, 24. 1941 University Ave W.Eritrean Community Center of MN R-R Ltr.4-29-22, 25. 1941 University Ave W Accessory Building Deterioration 2020-May 2022, 26. 1941 University Ave W.Eritrean Community Center of MN R-R Ltr.5-27-22, 27. 1941 University Ave W.IAA Builders Bid.6-13-22, 28. 1941 University Ave W.Eritrean Community Center of MN R-R Ltr.6-17-22, 29. 1941 University Ave W.financial statement.6-27-22, 30. 1941 University Ave W.affidavit.6-27-22, 31. 1941 University Ave W Star grant update, 32. 1941 University Ave W.Klinkhammer email 6-17-22, 33. 1941 University Ave W.Eritrean Community Center of MN R-R Ltr.7-1-22
Related files: RLH RR 23-6, RLH RR 23-49, RLH TA 23-379

Title

Ordering the rehabilitation or razing and removal of the structures at 1941 UNIVERSITY AVENUE WEST (STORAGE/GARAGE) within fifteen (15) days after the September 22, 2021, City Council Public Hearing. (Amend to grant 180 days)

 

Body

AMENDED 7/13/22

WHEREAS, the Department of Safety and Inspections has determined that 1941 UNIVERSITY AVENUE WEST 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:  MERRIAM'S OUTLOTS,LOTS 1 THRU LOT 18; 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 15, 2021:  Eritrean Community Center of MN, C/O Dawit Solomon, PO Box 40025, St Paul MN 55104-8025; Bremer Bank, NA, 372 St Peter Street, St Paul MN 55102; and Hamline Midway Coalition; and

 

WHEREAS, each of these parties was served a written order dated April 15, 2021 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 15, 2021; 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 15, 2021; and

 

WHEREAS, a placard indicating the City’s order that this nuisance building be abated was posted on the building on April 16, 2021 in accordance with Saint Paul Legislative Code §45.11(2)c; and

 

WHEREAS, the nuisance condition was not corrected by May 15, 2021, and therefore an abatement hearing was scheduled before the City Council on September 22, 2021 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 hearings on August 24, 2021, September 28, 2021, January 11, January 25, March 8, March 29. April 12, April 26, May 24, June 14 and June 28, 2022; and

 

WHEREAS, a public hearings were was held on September 22, 2021 and July 13, 2022, 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 1941 UNIVERSITY AVENUE WEST (STORAGE/GARAGE) 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 180 15 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 January 24, 2023 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 February 1, 2023 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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